The Omaha guide., 1935-05-18
Southern Heat Over
Anti-Lynchig Bill

From the st. Louis Post-D Dispatch.
As is usually the case when an
anti-lynching bill is discussed nj
congress, the senate debate on the
Costigan-W Wagner bill has been
characterized more by heat than
by light. Members from the south
seem unable to discuss the ques-
ton dispassionately, as was poin,-
ed out recently by the Greensboro
N. G. daily News, in an editorial
reprinted on this page, the Daily
News said:
Honestly, we, who have never
lived or moved and had been
anywhere else save right down
here in the midst Of those who
believe in the high hand as the
savior of womanood, have never
met more than half a dozen south
ern gentlemen to whom we would
delegate the right to lynch.
None of these, we might add,
was, had been or expected to be
right soon a member Of congress-"
What are the facts about lynch
ing? Briefly, they are: Since 1882,
there have been SOL lynchings
in the United States, and these by
no means have been confined to
the southern states. In the past
35 years, the records show, fewer
than ] per cent of these crimes
have been followed by prosecu-
ton. In only II instances have
convictions resulted. These fig
ures bear out what everyone
knows-that it is next to impos-
sible for local government to deal
with lynching.
In 1922, when the Dyer anti
lynching bill was before congress,
il was defeated by a filibuster Of
southern senators who commended
hat lynching is a matttr for local
government alone. Since then,
go lynehings have occurred, with
a prosecution record Of approx
mately zero. It is interesting to
observe that while the Dyer bill
was pending lynching decreased;
that when the agitation for fed
eral action weakened after the de-
feat of the bill, lynchings rose in
number. The same pheonema oc-
cured in connection with the
Berger bill of 1928. liz the mere
threat of federal action has a
salutary effect upon lynching,
passage Of a law permitting fed
eral intervention under certain
circumstances might well make
lynching one Of the rarest Of Of
fenses.
The Costigan Wagner bill has
its constitutional basis in the right
Of all persons to equal protection
under our laws. Willful failure
on the part Of peace officers to
protect prisoners from mobs or
to arrest persons who had taken
part in a lynching would be made
a felony. If prosecutions were
not commenced by the state with
IN 30 days after commission of the
offense, the bill would empower
the federal government to act.
Under a further provision,
which is regarded by many as
the most powerful feature Of the
bill, a county in which q Iynching
occurred would be held liable to
the injured person or to his heirs
or legal representatives. The re-
coverable damages would be not
less than two thousand dollars or
more than 10 thousand dollars.
1t is believed that to place finan-
clal responsibility on counties
would have the effect of cooling
off the ardor Of would-be lynch
erS VINO are also taxpayers.
Is this measure constitutional?
Senator Connally Of Texas saws
no and quotes numerous authori-
ties to prove it. Senators Costi-
gan and Wagner, who have given
much thought and labor to the
proposed legislation, say YES.
Ihey also cite numerous authori-
ties. Certainly, the constitutional
question will never Be settled il
congress. 1t is one that must
await the decision of the courts.
The question for congress Il
whether or not an attempt il to
be made to deal with am evil bv
winch more than five thousand
persons since 1882 have been de-
prlved Of their legal rights: an
evil which has reached heights in
the United States duplicated no
where else in the civilized world:
an evil which has resulted in the
death of many innocent persons:
an evil which menaces respect for
our courts and u processes Of
jutice.
We believe it to be the duty of
congress to act.