Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1944-07-22

citizen regardless of race or Color
CITES STATUES
The most important OF the c1vn
rights provision is the one Whlcn
provides that every person, VINO
under color of statute, ordinance,
regulation, custom or usage OF any
state or territory subjects or causes
to be subjected any citizen OF the
United States or person within the
Jurisdiction thereof to the depr1-
walton of any rights, privileges or
immunities secured by the ConSt1~
tuition and laws shall be liable to
the party in an action at law, suit
in equity or other proper proceed
ing for redress" MIR. Marshall
pointed out.
"Under this statute any officer
of a state, county or municipality
who while acting in an official ca
pacity, denies to any citizen or per-
son within the state any rights
guaranteed by the Constitution or
laws is subject to a civil action
This statute has been used to equa-
lie teachers salaries and to OBJ
tain bus transportation for Negro
school children, he said. ut can be
used to attack every form OF dis
elimination against Negroes by
public school systems"
"This statute, along with other OF
the civil rights statutes, can be
used to enforce the right to regis
ter and vote throughout the coun-
try. The threats of many of the
bigots in the south to disregard the
ruling of the Supreme Court of the
United States in the recent Texas
Primary decision has not 1ntin11-
dated a single person.
"Felction officials in states al
fected by this decision will either
let Negroes vote in the Democratic
Primaries. or they will be subject
ed to both criminal and civil prose-
cution under the civil rights sta
(tutes. In every state in the deep
south Negroes have this year at
tempted to vote in the primary
elections AffidavitS concerning the
refusal to permit them to vote In
Alabama, Florida and Georgia have
already been sent to the United
States Department of Justice. We
will insist that these election OH
Gals be prosecuted and will also
file civil suits against the guilty
officials"
There is no reason why nun
dred clear cases of this sort should
not be placed before the United
States Attorneys and the Attorney
General every year until the cleo
ton officials discover it is both
wiser and safer to follow the Unit
ed States laws than to violate
them. 1t is up to us to see that
these officials of the Department OF
Justice are called upon to act
again and again wherever there
are violations of the civil rights sta
tutues. Unfortunately, there. are
plenty of such cases. 1t is equally
unfortunate that there are not
enough individuals and groups pre-
senting these cases and demanding
action.
JOB is OURS
1.-THE responsibility for enforce
ment of the civil provisions of the
civil rights statutes rests solely
with the individual. In the past We
have neglected to make full use of
these statutes. Although they have
| been on the books since 1870, there
were very few cases under these
statutes until recent years. Where
as in the field of general law there
are many, many presidents for all
other types of action, there are
very few precedents for the pro-
lection of civil liberties"
I'm those states not having civil
rights statutes 1t is necessary that
every effort be made to secure pas
sage of one" he asserted. "In states
having weak civil rights statutes
efforts should be made to have
them strengthened. In states with
reasonably strong civil rights sta
tutes, like Illinois and New York,
1t is necessary that every effort be
made to enforce Them