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Original Knights Of The Ku Klux — Part 2
Page 183
183 / 208
on
“om
fea. 3
which means public officials, ané¢ thé activities
of private persons and orcenizations desicned to
disenfranchise voters in Fedora. cz State elec-
tions on account of rece o> Colcr are not covered
by the present provisivrs o7 19°12. And so we
say tha. the statute fails to alfczd she voters
cull protection from discrimination which was
contemplated by the Constitution, cspecially the
l4th and 15th amendments.
“Also this section 1971 is defective in another re-
spect, because it fails to lodce in the Department
of Justice and the Attorney Ge-.eral any authority
+n ineakea asl ~~ +
to invoke civil remedies for the enforcement of
voting rights. And it is PRRSACE erly lacking in
any provision which wou tq the Aztorney
General toa apply. to the court Sex preventive
relief against the violation of these voting rights.
"“Anc we think that this is aiso a najor cefect. The
ultimate goal of the Constitution and the Cengress is mt
the safeguarding of the free exezcise of the voting ~~—__
rigrt, acknowledging of ‘ccuxse, the Legitimate power ; oo
of the State to prescribe ic.cczicy and fair voting
qualifications. And we belicve t-at civil proceed-
ing: by the Attorney Ceneral to stop any illegal
intirference and denial of wne richt =o vote would
be far more effective in achieving +s goal than
the private suits for dameges wnich are presently wt
autrorized by the statute, and far more effective :
tha: the criminal proceedings wiich are authorized =:
under other laws which, of counre. can never be used .
until after the harm has been actually done.
"No oreventive measures can be brought under the
erizninal statutes, So I think--anc I believe you
will agree with me--that Congress should now
reccegnize that in order to properly execute the
Constitution and its amenéments, and in order to per-
fect the intended application of the ‘statute, section
1971 of title 42, United States Ccde, should be :
amerded in three respects: . -
“First, by the addition of a section which will pre-
vent anyone, whether acting un¢sr color of law or
aat feom threatening, intimi dating or coercing an
io se from tatee wERANG me bate... Geese eine
general, special, or primary, concern ng candidates
for Federal office.
“And second, to authorize the a
bring civil proceedings on Bee 2
States or any aggzieved perso
eo
cerney General to
= o£ the United
Zor preventive or
ae
+
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