The Detroit tribune. (Detroit, Mich.) 1935-1966, 1938-02-12
Wagner Defends
Anti-Lynch Bill
CONTINUED from Page u

V"htinueu from fage ID
pointed out that appropriate Fed
eral action may take the form OF
legislation, since the Fifth Section
OF the 18th Amendment expressly
provides:
The Congress shall have power
to enforce, by appropriate legis.a-
ten, the provisions OF this arti-
clc.
Citing series OF cases In which
he Congressional power to legis-
late under the 18th Amendment
had been upheld. Senator Wagner
stressed particularly the case OF
lex parie Virginia decided In 1879.
which sustained Federal statute
imposing a criminal penalty a.
gainst IA Virginia County Judge
who. in violation OF Federal law,
had Disseminated against Negroes
IN the selection OF jurors. In this
case the supreme Court said con-
corning the Fifth Section OF the
lith Amendment:
All Of The amendments derive
much OF ilcir force from this lat
ter provision II is the power
Of Congress which has been en-
larged. Congress Is authorized to
enforce the prohibitions by appro-
pirate legislation. Some legislation
Is contemplated TO make the
amendments fully effective. What
ever legislation Is appropriate,
| that IS. adapted to carry out the
F., objects the amendments have in
view. whatever tends 10 enforce
! submission to the prohibitions
they contain. and 10 secure to all
persons the enjoyment OF perfect
equality OF civil rights and the
equal projections OF the law a.
gainst State denial or invasion. II
moi prohibited, Is brought within
the domain of congressional pow
4, or
Nor does II make any differ
once that such legislation Is re-
, slictivc Ut what the state might
have done before the constitutions
al amendment was adopted. The
prohibitions OF the Fourteenth
Amendment are directed 10 the
States, and they are 10 Il degree
restrictions OF State power. II Is
these which Congress IS empower
ed To enforce, and to enforce a
gainst State action however put
forth whether that action be exc
cutiye. legislative or judicial. Such
Enforcement Is no invasion 81
state sovereignty. No law can be
which the people OF the states
have. by the Constitution OF the
United States empowered Con-
gress 10 enact T.. But In exer.
cising her rights. State cannot
disregard the limitations which
the Federal Constitution has APP
! piled 10 her power Her rights dc
not reach TO that extent. Nor car
she deny 10 the general govern
inent the right TO exercise all is
granted powers, though they ma,
interfere with the full enjoyment
OF rights she would have Il those
powers had not been thus granted
indeed. every addition of power
to the general government invol'
yes corresponding diminution OF
the governmental powers OF tn
states. 1t IL carved out OF them
Senator Wagner quoted further
from this case:
+" The argument in support d
the petition for habeas corpus
ignores entirely the power con
! ferred upon Congress by the 14tl
Amendment. Were II not for the
fifth section Of that amendment
there might be room for argument
! that the first section is only de-
claratory Of the moral duty of the
state But the Constitution
now expressly gives authority for
congressional interference n d
compulsion in the cases embraced
within the 14th Amendment.
1T Is but a limited authority
true. extending only TO a single
class of cases, but within It's limits
II Is complete
Concluding on this point. Sena-
tor Wagner stated:
These decisions Of the Supreme
Court, rendered many years ago
In cases closely In point. should
serve as complete answer to the
arguments that the pending bill
would destroy States rights and
subvert our dual system OF Gov
eminent.
1.-THE Anti-lynching bill is an
exercise OF the Federal power de-
cIared in the 18th Amendment and
affirmed in the cases cited. The
14th Amendment does not vest In
Congress the power TO exercise d.
rect police power in the States
that is, to make municipal law
The 14th Amendent is prohibi-
tion against the State. not against
the lawless acts OF private indivi-
duals. unless the right protected Is
one inhering I'm federal citizen
ship as such. But all the cases af-
firm that the 14th Amendment did
vest In Congress the authority to
stand behind the States as guaran-
tor OF the rights and privileges de-
clared in the Amendment.
THAT Is all that the anti-lynch-
ing bill seeks to accomplish. II
dooa not hold liable the lawless