Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1947-11-08

certain civil rights, was recon-
mended by the committee.
The proposaled legislation
would be designed to impose the
same liability on one person as
is now imposed by the statute on
two or more cenpirators.
The committee also recommend
ed that section 81 be amended by
triking out the penalty provision
which disqualifies persons con-
victed under it from holding pub
lie office. The committee said
there was general agreement that
this penalty provision made con-
victions more difficult to obtain.
Amendment of section So of
title IS of the United States Code
dealing with depriving persons
of civil rights under color of law,
alo pas proposed. The committee
recommended that the maximum
penalty that may be imposed un-
der this section be increaed from
$1,000 fine and a one-year pri-
son term to a $4,000 fine and a
ten-year prison term.
The committee also recommend
ed the enactment by Congress of
new statute specifically direct
ed against police brutality and re-
lated offenses. The propoed law
would be intended to relieve the
Justice Department ofthe burden
placed upon federal prosecutors
by the decision of the United
States Supreme Court in the
Screw cae.
The Screws case was an appeal
from a conviction which the Civil
Rights Section obtained againt
a Georgia heriff and hi deputy.
These officers brutally murdered
young colored prioner whom
they had arrested on a trumped
up charge.
Their conviction under -ction
SO was reversed by the Supreme
Court and a new trial ordered.
Four separate opinions wer rem
dered, in no one of which did
more than four judges agree.
Under the majority's interpreted
ton of the world "willful" in
section So, a state official must,
at the time he deprive another
of some established right, have
more than a gneral bad purpose
or evil intent to do wrong.
He must have the purpose at
that time of depriving his vic
tim Of specific federal right,
and the trial court must charge
the jury on wilfulness, and the
jury must believe beyond a rea-
sonable doubt that the defndant
had tn purpose wilfully to deprive
the victim of the specific right
in issue.
By spelling out some of the
federal rights, which ought to be
protected against misuse by an
offer of power to deprive any
person of such rights, the COM
mittee asserted the supplement
tary statute would mollify the eff
fects of the Supreme Court de-
cision.
The enactmnt of a federal an
tilynching law and of a new Grim
1nal statute on involuntary SER
vitude also is recommended. The
new peonage state would be in
tended to provide a bais for fed
eral prosecutions in cases where
perons are deliberately deprived
of their freedom by state officers
without due process of law or
are held in bandage by private
persons.
To strengthen the right to cit
izenship and it's privilege, the
committee recommended;
1. Enactment of an anti-poll tax
law.
2. Enactment of a statute pro-
tecting the right of qualified per-
sons to vote in federal primaries
and election against Interference
by public officers and private, in
dividuals.
3. Enactment of federal legis-
lation to protect the right to reg
lister and vote in federal and state
primaries and elections and to
protect UGH right against discrim-
inatory interferences based on
race, color or other unreasonable
classification.
4. Extension of self-government
and suffrage in local and nat