The Omaha guide., 1937-02-20

This newspapers primary objective is to put a stop to the
seemingly endless erie of mob murders which have disgraced the
South a9l America before the world. That impresses us as far
more important than the preservation of something generally
referred to as estate sovereignty or Estates rights As long
as States rights ard appreciated by the States, and the admin
istratiye authorities Of the States show that they recognize the
duties which accompany the exercise Of such rights, this news
paper believes in respecting those rights. But when the phrase
s'the rights of the States degenerates into a mere %shibboleth
behind which the State and local authorities can ignore and
flout the law of the land by permitting lynchers to go unpun-
ished year after year, then THE TIMES-DSPATCH believes
that intervention by the Federal Government is not only de-
sirable but necessary. ~~~~~ ~~~~~~~ ~~~"
The bill Just introduced in Congress provides for such
intervention. 1t provides that any responsible peace officer
who fails to make adequate efforts to protect a prisoner from
a mob, or to make diigent efforts to apprehend the members
of the mob after a ~lynchng, shall be guilty OF a felony and be
fined up to $4,000 or imprisoned up to five years, or both. When
the attorney general Of the United States is advised through
an affidavit from a CITIZEN that IAN officer is guilty of either
of these offenses, tn eattorney general initiates an investigation
by Federal Omen to ascertain whether the antilyneh law has
been violated. If the conclusion is in the affirmative, action
is instituted in the United States District Court against the
peace officer or officers. There is no provision for prosecution
of members of the mob. ~~~~~~ ~~~~-~~~~~~~
1t also is provided in the bill that a county shall be RES
ponsible for a lynchng occurring within its boundaries, and
that a fine of from $1,000 to $4,000 may be levied against the
county by the United States District Court, and paid to the
heirs of the person lynched. If a county can show that its
peace officers exercised dud diligence in the protection of the
victim Of the mob, it is not subject to this fine.
Such, briefly stated, are the terms of the act. Some
constitutional authorities, including SENATOR BORAH, re-
gard the measure as destructive of states rights, and hence UNI
constitutional. Others take the opposite view, and hold that
the bill does not conflict with the fundamental law.
PROFESSOR KARL N. LLEWELLYN of the Columbia
University Law School has studied the measure carefully, and
has rendered an opinion that it is clearly constitutional. He
says, IN part: ~~~~-~~- ~~-~~~-~ -~ -- -"
'eThe Federal Government has The power and the implic-
it duty to assure to its citizens orderly due, legal and even pro-
cedure in criminal cases at the hands of responsible officials.
When States or officials or subdivisions of States are derelict
in this regard the Supreme Court, as one spokesman OF the
Federal Government, viii interfere to correct. Congress can
intervene 10 prevent the need for correction, and especially to
prevent such dereiction as is irremediable The general scope
of the measure has a clear basis in the due process and equal
protection clauses ~~~--~ ~~~~~~~~ ~~~~-~
On this, as on many other constitutional questions, there
is room for difference Of opinion, Of course. PROFESSOR
LLEWELLYN may be wrong, and A BORAH may be
right. But we should like to see the bill enacted and carried
to the United States Supreme Court for a ruling. IF the SUI