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Original Knights Of The Ku Klux — Part 1
Page 162
162 / 184
Cd ¢
22. The Sixth Circuit said: -
-Ui ted Siates v. Thomas, 1960, 352
_the 15th Amendment.
"ff sharecropper-tenants in rorsession of real estate -
under contract are threatene:.. intimidated or coerced
by the landlords for the varcors of interfering with
their rights of franchise, ccoritainiy the fact that
the coercion relates to iont cz contracts would furnish
mo excuse or defense to tne li-fierd for violating the
law." 288 F. 2d 653, 654.
23, Judge Tuttle added:
“Thus, although the defendar=s here may have had an
almost restricted right to invexe the Alabama tres- ue
pass law to keep all sercons i-cm entering upon their
property after warning, i. 7 <'emercise of a desire’
to exercise exclusive owntrsnin and proprietary re
interest in their preperc.. icc could not legally . .
invoke the right of exciucine: Lonnie Brown, who
had previously been given Irse secess to the
property, as a threat or 3258 of coercion for the von
survose of interferine - g stthe.or the right
in exercisin their _
cf others whom he revoress
right to register and vot. ae
va
24. The Supreme Court has aifirnec the constitutionality of various
provwisios s of the 1957 Act on other grounds than those at issue here.
U.S. 58, 60 S.Ct, 612, 4 L.Ed.
49, 362 U.S. 17, 80 S.ct. 519,
$0, 363 U.S. 420, 89 S.ct. 1502,
25 535; inited States v. Raines.
“4 #4.EG. 273 524; Hannah v. Larche,
4 4.Ed. 24 1307.
22. Altr ough a statute thet is "neccssary anc proper" legislation
te carry out the power of Congres to regulate elections for federal
. office my also be “appropriate Legislation" to"“enforce” the pro-
visions c£ the 15th, 14th, and i3*h amendments. The predecessor of
Sizrtion 7971{a) withstood attach on constitutional grounds. In re
Er yle, 8 Ped. Cas.C.c.D.Md. 1877, 716, No. 4,488. It was held to be
_a valid ¢xercise of congressional power under the 15th Amendment.
Chapman «. King, 5 Cir. 1946, 134 F,2¢ 460, cert.denied, 327 U.S. 800;—
Kellogg \.. Warmouth, ¢.C.D.ha. 2372,:24 Fed.Cas. 257, No. 7,667.
The Voting Rights Act of 1665 rests, in part, on Section 2 of
oD
»
26. “An abundance of judiciai Cicte znd holdings in analogous situa-
tions make clear that the federzi ocwer- to regulate elections extends
equally'to the registration process, Any matter affecting the
character or choice of the federal electorate is so integrally related
to the election ultimately held as to come within the '"holding' of
the election under article I, secticn 4." Van Alstyne, Anti-literacy
Test Legislation, 61 Mich. L. Rev. £93, 815(1963).
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