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ANTILYNCHING AND PROTECTION OF CIVIL RIGHTS

MAR 15 1950

HEARINGS STADIOT! ROARY

BEFORE
SUBCOMMITTEE NO. 3 OF THE
COMMITTEE ON THE JUDICIARY
- HOUSE OF REPRESENTATIVES

EIGHTY-FIRST CONGRESS
FIRST AND SECOND SESSIONS

ON
H. R. 115, H. R. 155, H. R. 365, H. R. 385, H. R. 443,

H. R. 788, H. R. 795, H. R. 1351, and H. R. 4683
FOR THE BETTER ASSURANCE OF THE PROTECTION OF
CITIZENS OF THE UNITED STATES AND OTHER PERSONS
WITHIN THE SEVERAL STATES FROM MOB VIOLENCE AND

LYNCHING, AND FOR OTHER PURPOSES

H. R. 2182 and H. R. 3553
TO PERMIT THE PROSECUTION OF LYNCHING IN FEDERAL
COURTS WHEN THE GOVERNOR OR ATTORNEY GENERAL OF
THE STATE CONCERNED LACKS AUTHORITY TO DIRECT THE
PROSECUTION IN STATE COURTS, OR SUCH PROSECUTION IS
IMPAIRED BY HIS REFUSAL TO DO SO

H. R. 4682
TO PROVIDE MEANS OF FURTHER SECURING AND PROTECTING
THE CIVIL RIGHTS OF PERSONS WITHIN THE JURISDICTION

OF THE UNITED STATES

SEVERANITED STATOF THE

JUNE 8, 15, 22, AND 29, 1949; JANUARY 17 AND 24, 1950

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COMMITTEE ON THE JUDICIARY

EMANUEL CELLER, New York, Chairman FRANCIS E. WALTER, Pennsylvania

EARL C. MICHENER, Michigan SAM HOBBS, Alabama

CHAUNCEY W. REED, Illinois WILLIAM T. BYRNE, New York

LOUIS E. GRAHAM, Pennsylvania JOSEPH R. BRYSON, South Carolina

FRANK FELLOWS. Maine THOMAS J. LANE, Massachusetts

JOHN JENNINGS, JR., Tennessee MICHAEL A. FEIGHAN, Ohio

CLIFFORD P. CASE, New Jersey FRANK L. CHELF, Kentucky

KENNETH B. KEATING, New York ED GOSSETT, Texas

WILLIAM M. MCCULLOCH, Ohio J. FRANK WILSON, Texas

J. CALEB BOGGS, Delaware ROBERT L. RAMSAY, West Virginia

ANGIER L. GOODWIN, Massachusetts
DIXIE GILMER, Oklahoma
BOYD TACKETT, Arkansas
EDWIN E. WILLIS, Louisiana
WINFIELD K. DENTON, Indiana
JAMES B. FRAZIER, JR., Tennessee
PETER W. RODINO, JR., New Jersey

Bess EFFRAT DICK, Chief Clerk
VELMA SMEDLEY, Assistant Chief Clerk

SUBCOMMITTEE No. 3

WILLIAM T. BYRNE, New York, Chairman THOMAS J. LANE, Massachusetts

JOHN JENNINGS, JR., Tennessee WINFIELD K. DENTON, Indiana

KENNETH B. KEATING, New York JAMES B. FRAZIER, JR., Tennessee

WILLIAM R. FOLEY, Committee Counsel

II

CONTENTS

Page
1-25

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107

134

-----------------

----

Texts of bills---

Testimony of-

Hon. Emanuel Celler, a Representative in Congress from the State of

New York.----

Hon. Kenneth B. Keating, a Representative in Congress from the

State of New York..

Hon. Brooks Hays, a Representative in Congress from the State of

Arkansas.------

Hon. Clifford P. Case, a Representative in Congress from the State

of New Jersey ------

Hon. William Lemke, a Representative in Congress from the State of

North Dakota --------

Hon. Tom C. Clark, Attorney General of the United States --

Hon. Charles E. Wilson, Chairman, the President's Committee on

Civil Rights ---------------------

Dr. Samuel McCrea Cavert, general secretary of the Federal Council

of Churches of Christ in America

Mr. Elmer W. Henderson, director, American Council on Human

Rights --------------------- Citigona

Mr. Mike Masaoka, Japanese-American Citizens League Antidiscrimi-

nation Committee.--.

Mr. Will Maslow, general counsel, American Jewish Congress.------

Mr. Herbert M. Levy, staff counsel, American Civil Liberties Union

Mr. Samuel Markle, National Civil Rights Committee, Antidefama-

tion League of B'nai B'rith

Mr. Leslie Perry, the National Association for the Advancement of

Colored People.------------------

Mr. Clarke Stallworth, Jr., Birmingham, Ala

Mr. Clancy E. Lake, Birmingham, Ala---------

Mr. Paul B. Trawick, Jasper, Ala ---

Hon. Charles E. Bennett, a Representative in Congress from

State of Florida

Hon. Boyd Tackett, a Representative in Congress from the State of

Arkansas.----

Hon. John E. Rankin, a Representative in Congress from the State

of Mississippi.-----

Hon. Joseph R. Bryson, a Representative in Congress from the State

of South Carolina -------

Dr. H. M. Griffith, vice president, the National Economic Council, Inc.

Hon. Sam Hobbs, a Representative in Congress from the State of

Alabama.---

Statements submitted:

Statement and analysis by the Attorney General concerning H. R. 4682

(supra).-

Statement by the Attorney General concerning H. R. 4683 (supra).--

Statement of the Japanese-American Citizens League Antidiscrimina-

tion Committee.-.

Statement of Herbert M. Levy, the American Civil Liberties Union

(supra)---

----------------------------------------

Statement of Hon. Helen Gahagan Douglas, a Representative in Con-

gress from the State of California ----

-----------------

Statement of the American Jewish Committee.----

-----------------

Statement by the National Citizens' Council of Civil Rights-------

Statement of the Board of Christian Education of the Presbyterian

Church in the United States of America ----

Resolution of the Women's International League for Peace and Free-

dom.

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ANTILYNCHING AND PROTECTION OF CIVIL RIGHTS

WEDNESDAY, JUNE 8, 1949

HOUSE OF REPRESENTATIVES,
COMMITTEE OF THE JUDICIARY,

SUBCOMMITTEE No. 3,

Washington, D.C. The subcommittee met, pursuant to notice, at 10 a. m. in room 346, Old House Office Building, Hon. William F. Byrne, chairman, presiding.

Mr. BYRNE. Gentlemen, we are met this morning to consider H. R. 4682 and various related bills pertaining to civil rights.

(The bills referred to are as follows:)

[H. R. 115, 81st Cong., 1st sess.) A BILL For the better assurance of the protection of citizens of the United States and

other persons within the several States from mob violence and lynching, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this Act are enacted in exercise of the power of Congress to enforce, by appropriate législation, the provisions of the fourteenth amendment to the Constitution of the United States and for the purpose of better assuring by the several States under said amendment : equal protection and due process of law to all persons charged with or suspected or convicted of any offense within their jurisdiction.

DEFINITIONS

SEC. 2. Any assemblage of two or more persons which shall, without authority of law, (a) commit or attempt to commit violence upon the person of any citizen or citizens of the United States because of his or their race, creed, color, national origin, ancestry, language, or religion, or (b) exercise or attempt to exercise, by physical violence against the person, any power of correction of punishment over any citizen or citizens of the United States or other person or persons in the custody of any peace officer or suspected of, charged with, or convicted of the commission of any criminal offense, with the purpose or consequence of preventing the apprehension or trial or punishment by law of such citizen or citizens, person or persons, or of imposing a punishment not authorized by law, shall constitute a lynch mob within the meaning of this Act. Any such violence by a lynch mob shall constitute lynching within the meaning of this Act.

PUNISHING FOR LYNCHING

SEC. 3. Any person whether or not a member of a lynch mob who willfully instigates, incites, organizes, aids, abets, or commits a lynching by any means whatsoever, and any member of a lynch mob, shall be guilty of a felony and upon conviction thereof shall be punished by a fine not exceeding $10,000 or by imprisonment not exceeding twenty years, or by both such fine and imprisonment.

PUNISHMENT FOR FAILURE TO PREVENT LYNCHING SEC. 4. Whenever a lynching shall occur, any officer or employee of a State or any governmental subdivision thereof, who shall have been charged with the duty or shall have possessed the authority as such officer or employee to

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