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Original Knights Of The Ku Klux — Part 2
Page 170
170 / 208
no Le cot . eS
necome necessary to the grant of eZfcetive relief". The defendants'
-nterference with the right of Negsocs to use public facilities in
Segalusa is relevant to the cause of action, for that interference
Was part of a pattern ang practice oc total resistance to the Negroes'-
‘exercise of civil rights. .
(3) In sum, in the Civil Ricits Acts of 1957 and 1964, Congress
recongnized that when a Negro is clusbed or coerced for having
7, : o attempted ta register or for having entered a “white” restaurant,
the action most likely to produce effective relief is not necessarily
for the Negro to complain to the local police or to sue for damages
.
*
for him and for all-others affectec by the intimidation may be an
or to make charges under 18 USC 241, 242. The most effective relief
) yy. dimjunction by the Nation against the private persons responsible for
( } interfering with his civil rignts. _
. . (Effectiveness of remecy is not the only reason for the
Congressional grant of authority te the Attorney General:‘of the
United States. The Nation has a responsibility to supply a meaningful
| remedy for a right it Greates ox guarantees. As Justice Story wrote,
,
{ ; ( 1 oe in sustaining the constitutionality of the Fugitive Slave Act of 1793: —
"rf, indeed, the constitution guarantees the right, and
| : if it requires the delivery [of the fugitive slave) upon
t the claim of the owner . . ., ‘the natural inference cer-
tainly is, that the neazion:1 gevernment is clothed with
the appropriate authority andi functions to enforce it.
The fundamental principle, applicable to all cases of this
—..
| . sort, would seem to be, that when the end is required, the
( ) ( means are given. . ." Prigg v. Pennsylvania, 1642, 41 U.5.
. 4 (17 Pet.) 539, 614. _ .
a - . : .
Zt is one thing when acts are mere invasions of private rights; "it is
ee
cite a different matter when Congress undertakes to protect the oitio
“nen in the exercise of rights conferred by the constitution Fe]
United 3tates essential to the healthy organization of the government
-tself". Ex parte Yarbrough, 1884, 110 U.S. 652, "665, 4 §.Ct. 152,
1 _
“8 L.Ed. 274.; We turn now to the defendants' constitutional arguments.
:
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