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Original Knights Of The Ku Klux — Part 1
Page 160
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9, on +o o¢casions, the Court found it necessary to warn the -
witnesses of the penalty for pexjury. The Court recessed the hearing
to allow time for the witnesses to rafzesh their recoliection, and to
find, if possible, any membership lists. On one occasion, a witness —
pleaded the 5th Amendment when, in 2 colloquy with the Court, it was
apparent that he was afraid of klan reprisal for testifying as to
klan records; he withdrew his plea of privilege and testified.
10. Romans, Chap. II, v. 10-11.
1). See United States v. Cxuikshank, 1975, 92 U.S. 542, 23 L.Ed. 588;
e
Slaughter-House Cases, 1873, 16 Wall 36, 21 L. ed. 394.
12. In 1894 Congress repealed most of the provisions dealing with
federal supervision of elections. Two general provisions for
criminal sanctions were left standing: 42 U.S.C. §241 {originally ’
. Section € of the Civil Rights Act of 1870, later Section 5505-of__
ths Revised Statutes) providing criminal sanctions against conspiractes__
‘ste deprive any citizen of any right secured by the Constitution and
laws Of the United States; and 42 U.S.C. §242 (originally Section 2 ©
of the C:vil Rights Act of 1866, later Section 5510 of the Revised
Statutes (1873), as amended in 1999, 35 Stat. 1092 by adding the
ee ee ee era arias imi 1: ‘ 1 1
werd "wilfully"}) providing criminal sanctions against the deprivation
of constitutional rights, privileges. and immunities under color of
state la. See United States v. Williams, 1951, 341 U.S. 70,
7) S.Ct. 561, 95 L.Ed. 758 restricting Section 241 to those cases
in which the right allegedly violated is an incident to national
.eitizenstip, See also Screws v. United States, 1945, 325 U.S. 91,
6) S.Ct. 1031, 89 L.Ed. 1495 construing Section 242 as requiring
specific intent to deprive a person of the right made specific by
ths Constitution or laws of the United States. Sections 241 and 242
_aré now before the Supreme Court agzin. United States v. Price, .-
Nes. 59, 60, October Term, 1965; United States v. Quest, No. 65,
. October ‘erm, 1965. a a .
13. See Civil Rights Cases, 1883, 109 U.5.3, 3 S.Ct. 18, 27 L.Ed.
835: United States v. Reese, 1876, 92 U.S. 214, 23 L.Ed. 478.
14. Hence the compromise affecting jury trials in the 1957 Act:
criminal contempt cases arising under the act may be tried by
district courts without juries, except where a person convicted is
fined more than $300 or imprisoned for more than 6 months. 71 Stak.
638 (1957), 42 U.S.C. 71995.
“15. President Truman's Committee on Civil Rights submitted equally
‘broad recommendations. See Report, To Secure These Rights, 151-16]
{1947).
16. In a hearing before the House Cudiciary Committee on the Civil
Rights Bill, Atterney General Herbert Brownell explicitly explained
the purposes and scope of the proposed amendments to Section 1971
of Title 42; ,
"The most obvious one of these defects in the law is
that it does not protect the voters in Federal elec-
tions from unlawful incor io -- 22 wits their veting
rights by private perse::.--!2 cLher words, 1971 ap-
plies only to those whe or: °° -liz eelor of law'
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