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Original Knights Of The Ku Klux — Part 2
Page 178
178 / 208
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Moreover, “since the constitutional command is without restriction or
~
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limitation, the right, unlike those guaranteed by the Fourteenth and Fif-
teenth Amendments, is secured aqainst the action of individuals as _we 1_as
of states.“ Ib. at 315 Mx. Justice Stone, for the Court, spelled out the
rationale:
"The right to participate in the choice of representatives
for Congress . . . is protected just as the right to vote
at the election, where the primary is by law made an in-
tegral part of the election machinery. . . . Unless the
constitutional protection of the integrity of ‘elections’
extends to primary elections, Congress is left powerless
to effect the constitutional purpose. . ." 313 U.S. at 318, 319.
The innumerable cases in this Circuit involving civil rights
speak eloquently against the use of economic coercion, intimidation, and
violence to inhibit Negroes from applying for registration. This inter-
ference with nationally guaranteed rights, whether by public officials
ox private persons corrupts the purity of the political process on which
the existence and health of the National Government depend. No one has
expressed this better than Judge Rivas in United States v. Wood, 5 Cir.
1961, 295 F.2d 772; cert. denied 369 U. 5. asola962)~ In Wood the inter-
; organizer
ference was in the form of. groundless prosecution of a Negro/who had set
up a registration school in Walthall County, Mississippi, where no Negroes
had ever registered. He was not even qualified to vote in the county
where the intimidatory acts occurred; he was a resident of another county.
In reversing the district judge's refusal to stay the state prosecution,
the Fifth Circuit noted that the alleged coercion was of the kind the
3957 Act was intended to reach.. Judge Rives, for the Court, said:
"Th: foundation of our form of government is the consent
of che governed. Whenever any person interferes with the
yigat of any other person to vote or to vote as he may
choose, he acts like a political termite to destroy a part
of that foundation, A single termite or many termites may
pass unnoticed, but each damages the foundation, and if
that process is allowed to continue the whole structure
may crumble and fall even before the occupants become
aware of their peril. zrzdication of political termites,
or at least checking their activities, is necessary to
prevent irreparable damage to our Government.”
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