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Original Knights Of The Ku Klux — Part 1
Page 146
146 / 184
we ae et
néecome necessary to the grant of elicctive relief“. The defendants’
MS
anterference with the right of Negrucs to use puhjic facilities in
Zegaluea is relevant to the cause of action, for that interference
Vas part of a pattern and practice of total resistance to the Negroes'-
exercise of civil rights.
(3) In sum, in the Civil Bic.ts Acts of 1957 and 1964, Congress
recongnized that when a Negro is clubbed or coerced for having
ted te register or for having entered a “white” restauran
che action most likely to produce effective relief is not necessarily
for the Negro to complain to tne local police or to sue for damages
er to make charges under 18 USC 241, 242. The most effective relief
for him and for all others affectec by the intimidation may be an
_injunetion by the Nation against the private persons responsible for
siterfering with his civil rights.
Effectiveness of remecy is not the only reason for the
Congressional grant of authority to the Attorney General-of the
United States. The Nation has a responsibility to supply a meaningfu}
remedy for a right it ereates or guarantees. As Justice Story wrote,
“in sustaining the constitutionality of the Fugitive Slave Act of 1793:
"Tf, indeed, the constitution guarantees the right, and
if it requires the delivery foi the fugitive slave] upon
the claim of the owner . . ., the natural inference cer-
tainly is, that the nectionil government is clothed with
the appropriate authority inc functions to enforce it.
The fundamental principle, aspiicable to all cases of this
sort, would seem to be, that when the end is required, the
means are given. . ." Prigg v. Pennsylvania, 1842, 41 U.S.
{17 Pet.) 539, 614.
a TT , .
ones - 2 2 .
=t is one thing when acts are mere invasions of private rights; "it is
nL
cuite a different matter when Congress undertakes to protect the citi
‘cen in the exercise of rights conferred by the Constitution of the
United States essential to the healthy organization of the government
.tself". Ex parte Yarbrough, 1884, 110 U.S. 651, "665, 4 5,ct. 152,
, .
u8 L.Ed, 274.j We turn now to the defendants’ constitutional arguments.
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