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Original Knights Of The Ku Klux — Part 2
Page 186
186 / 208
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22. The Sixth Circuit said: .
.Un ced Siates v. Thomas, 1960, 3%
_ the 15th Amendment.
"Tf sharecropper-tenants in porsession of real estate
under contract are “hreatene:, intimidated or coerced
by the landlords for the tertsr> of interfering with
their rights of franchise, crtziniy the fact that
the coercion relates to itns or centracts would furnish
no excuse or defense to Tne Lirtlerd for violati ng the
law. 288 F. 24 653, 654%.
23. Judge Tuttle added:
i
"Thus, although the defendanzs here may have had an
almost restricted right to inveke the Alabama tres-
pass law to keep all servons iv
Eévom neering upon their
property after warning, i. 7 e of a desire
exelusi Ve owne:
si Lez
to exercise _— ee
interest in their preper 7... ¢
invoke the right of excludins ~onnie Brown, who
had previously been givon Ixzs cecess to the
Froperty, as a threat or Bars of coercion for the
survose of interferire | tis Sttht-or the right
cf others whom he revresentes in exercising their —
risht to register and vote.” ae
she constitutionality of various
crounds than those at issue here.
1.5. 58, 60 S.ct. 612, 4 L. £4.
24 535; inited States v. Raines. 9, 362 U.S. 17, 80 S.ct. 519,
4 , Ed. 24 524; Hannah v. Larche; ; 363 U.s. 420, 80 S.ct. 1502,
4 4.54. 22 1507.
24. The Supreme Court has affircec
provisio-s of the 1957 Act on otacr
22. Altrough ai statute thet is "necessary ané proper" legislation
tc carry out the power of Congress to regulate elections for federal
oftice my also be “appropriate Legisistion” to “enforce” the pro-
visions cf the 15th, 14th, and i3th amendments. The predecessor of
Sittion 1971(a) withstood attach on censtitutional grounds. In re
Ec sle, 8 Fed. Cas.¢C.C.D.Md. 1877, 716, No. 4,488. It was held to be
_a valid exercise of congressional power under the isth Amendment.
Crapman \. King, 5 Cir. 1946, 154 F.2d 460, cert.denied, 327 U.S. 800;
2,14 Fed.Cas. 257, No. 7, 667.
Kellogg .. Warmouth, ¢.C.D.ba. pot
yestis, in part, on Section 2 of
The Voting Rights Act of 196
13
?
5
¥
26. “An abundance of judicial Cicts end holdings in analogous situa-
tions make clear that the federal pever-to regulate elections extends
equally'to the registration process. iny matter affecting the
character or choice of the federal electorate is so integrally related
: within the 'holding' of
Van Alstyne, Anti-literacy
ev. £93, 815(1963).
to the election ultimately
the election under article I,
Test Legislation, 61 Mich. lL.
’
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