The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1946-09-10
FEDERAL GOVERNMENT
POWERLESS TO IN
TERyENE IN MOST
CASES
by BRACK CURRY
Ap WASHINGTON Writer

FfNAA $500 =
islrtion is needed to strengthen
Uncle Sons hond in protecting
your civil rights.
This is the reason 1t gives:
If local Officials foil TO project
your civil rights. the federal
government is powerless in
most cuses to intervene.
Suppose, for example. that you
are the victim of a mob attack.
The federal government cannot
prosecute the mob under normal
circumstances. To do so 1t must
prove that an officer played a
part in the mob action.
Suppose, again, that you are
beaten or murdered by a police
officer after being arrested on a
false charge.
What Court Says
The Supreme Court has ruled
that in such case the federal
government can prosecute only If
the police officer at the time he
committed the offense had the
clear purpose of depriving you Of
q specific federal right.
This means right made spe-
cific either by .'the express terms
Of the Constitution or laws of the
United States or the decisions In
terpreting them"
The Justice Department NAM
tains that the federal government
should have the power to act
when local authorities fail to pro-
tect your civil rights. This means
cases Of mob attack, for instance,
even when no police officer takes
part in the attack.
Says Assistant Attorney Cen
eral Lamar Caudle. head of the
departments Criminal Division:
New legislation is needed. The
federal government now has lit
tie power or authority to deal
with the social and government
situations which give rise to civil
rights problems
Caudle gives this summary OF
the situation:
The United States Constitution
did not mention civil rights. But
the first Congress, fearing inter-
ference by the federal govern
ment with basic rights, passed and
submitted to the states the first
10 amendments.
These now are known as the
Bill of Rights. But--the Bill of
Rights did not afford protection
to the individual against other in
dividualss or the states. It was
directed against oppressive acts
BY the federal government.
Other Amendments
After the Civil War the 18th,
l4th and 18th amendments to the
Constitution were adopted. The
reason was that certain states
would not or could not protect
the liberties of all persons.
Five laws were passed provid-
ing penalties for state officers and
individuals who violated the
rights set out in these amend
ments. The rights included due
process of law by the state. This
means you cannot be deprived Of
life, liberty or property without
a fair trial.
Congress later repealed most Of
these civil rights laws. Two sec
tIons are left. They constitute the
sole authority under which the
Justice Department can act In the
civil rights field
They deal with conspiring To
harm citizens III the exercise Of
gfederaIly secured rights fsec1i0n
81 and with deprfvIng persons of
civil rights under ~coloT1 81 laN
(section 81
Section ST does not pF0sSes ysSsa
against mobs. Il affords 1s016e<
ton only against 0afEeaaA sfpat i,
federal OF state abuse. Yet sa6ss
civil rights complaints ass Ssgassst
on act Of one pGfs0sg ags8Ssass SsR-
other person, OF 0f ! gF9ssD 81 1ssf~
cons like d rnoby against @s6 PSI
son.
Section 81 does Df0t6es y0a
against private individuals rs WSal
as public officials ii tbess rights
To be free from lnv0l8nssfv
servitude; to be d witness ri faA=
eral courts; to be protected ia
carrying out federal court S.
crees, to run for and bold feaefsA
office; to be protected from vl8r
lence while in the custody Of fsa-
eral authorities; to have access 70
the federal courts, and to vote f0f
q federal officer and to have ti9st
vote counted as cast.
Section 81
Section 50 empowers tbs fed
eral government to prosecute
state or federal officer who vii
fully misuses his office or power
to deprive a person of the rights
guaranteed by the Bill Of Rights
and the 18th amendment.
Congress on several occasions
has been asked to pass anti
Iynching legislation. But d bill Of
thig u DC has never been enacted.
such 4 bill. says the Civil Rights
section, would be a new civil
,Igftls statute. The section says
ali enilslynehing bills were aimed