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JIN 44-1 "interpretation of the statute the indictment mst fall, the judgement of the court below is affirmed.' "The Congress has known of that decision now for approximately fifteen years and has acquiesced therein as a proper construction of S241, "Here we have fourteen private individuals and three officials as defendants. The defendants are not charged with the violation of any right which was con- ferred upon either of these victims by a federal law. It is of no consequence, therefore, in law that some of. the defendants were officials and that some of them were merely private citizens in allegedly committing the offense charged. The motion, like a demurer of old, adnits fcr the purpose of this hearing all matters and things well pled in the indictment, but contends that even 50, they are not charged with an offense agairst the United States, The authorities cited and found upon independent research support the soundness of this positicr. The indictment surely states a heinous crime against the State of Mississippi, but not a crime against the United States. This is a court of limited jurisdiction. The United States has no common law. Section 241 mist be and is the sole and exclusive expon- ent of the offense set forth in this indictment. The indictment simply does not charge either of these defen- dants with any offense against the laws of the United States. The motions to dismiss this indictment against the named defendants will, therefore, be sustained. "There are several other motions presented by these defendants pursuant to a previous order of this Court, but action on such motions is unnecessary by reason of the disposition of the foregoing motions. Such other motions, therefore, may be withdrawn or will be overruled. A judgment accordingly may be presented. "February 24, 1965 "/s/ Harold Cox UNLTED STATES DISTRICT JUDGE" WA) =~ 22 < ; ra) BS — 3¢ ~—