The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-01-01
ANTI-LYNCHING
BILL PROVIDES
$4,000 FINE
Drastic Measure Will Get
Early Introduction to
Congress.

By Scripps-H0tcard Newspaper Alliance
WASHINGTON, Jan. Public
officials of states or governmental
subdivisions would be held strictly
accountable for the safety of pris-
onerS within their custody, under
the terms of the drastic anti-lynch-
ing bill drawn by Senator Edward P.
Costigan Dem, Colo) for intro
duction in congress early in Jan
uary
The bill provides fines or i'm
prlsonment running as high as life
term, according TO the nature of the
violation, and makes political sub
divisions in which lynchings occur
subject to the payment of $4,000
damages to the family of a victim
Of mob-murder.
A mob or riOtous asSemblage" is
defined as an aSSemblage of three
or more persons acting in concert,
without authority of law, for the
purpose Of depriving any person of
his life or doing him physical in
jury. 1t is set forth as a funda-
mental promise of the proposed en-
actment that equal protection of the
law has been denied when any state
or governmental subdivision thereof
fails, neglects or refuses to pro-
vide and maintain protection to the
life or person of any individual
within it's jurisdiction, against mob
violence To the end that equal
protection may be guaranteed to all,
the bill provides the following:
Officials Held Liable
Failure, neglect or refusal by the
proper state or county authorities to
protect prisoner from mob injury
or death, or to arrest and prosecute
any person participating in mob
action, when charged with that duty,
IS termed a felony, punishable by
Imprisonment not to exceed five
years or by a fine not to exceed
$4,000, or both;
Any officer, having custody of a
prisoner, who conspires to cause or
permit the prisoners injury or
Death, is subject to imprisonment
for life or not less than five years.
Any person conspiring with a public
officer for such a purpose is subject
to the same penalty
Federal district courts are en-
powered to try and punish. in ac-
cordance with the laws Of the state
where the offense is committed.
those who participate in lynching.
provided it is shown state officers
charged with the duty of prosecuting
such violation have failed or re-
fused to act, or that jurors in state
courts OF jurisdiction are so strong
ly opposed to such punishment that
there is no reasonable probability
that those guilty can be punished.
County Responsible
A failure Of more than thirty days
after the commission of a mob crime
to arrest any one is defined as prina
facie evidence of failure, neglect or
refusal to act.
Any county in which a person is
the victim of death at the hands
Of mob shall forfeit $4,000, which
may be recovered by action in the
name of the United States for the
benefit of family or relatives, or if
there are no relatives, for the use of
the United States.
1t shall be the duty of the United
States district attorney to prosecute
such action and if the forfeiture is
not paid after a verdict is secured, |
the court shall have jurisdiction to
force payment by levy of execution
upon the property Of the county or
compel the levy and collection of a
tax for the amount. Any county
officer disobeying such an order or
failing to comply with it is subject |
to contempt of court.
If the victim of the mob crime
las been seized in one county and |
to another, in which
death is inflicted, both counties shall
De jointly and severally liable for
The forfeiture.