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Original Knights Of The Ku Klux — Part 2

208 pages · May 11, 2026 · Document date: Nov 14, 1963 · Broad topic: General · Topic: Original Knights Of The Ku Klux · 208 pages OCR'd
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no Le cot . eS necome necessary to the grant of eZfcetive relief". The defendants' -nterference with the right of Negsocs to use public facilities in Segalusa is relevant to the cause of action, for that interference Was part of a pattern ang practice oc total resistance to the Negroes'- ‘exercise of civil rights. . (3) In sum, in the Civil Ricits Acts of 1957 and 1964, Congress recongnized that when a Negro is clusbed or coerced for having 7, : o attempted ta register or for having entered a “white” restaurant, the action most likely to produce effective relief is not necessarily for the Negro to complain to the local police or to sue for damages . * for him and for all-others affectec by the intimidation may be an or to make charges under 18 USC 241, 242. The most effective relief ) yy. dimjunction by the Nation against the private persons responsible for ( } interfering with his civil rignts. _ . . (Effectiveness of remecy is not the only reason for the Congressional grant of authority te the Attorney General:‘of the United States. The Nation has a responsibility to supply a meaningful | remedy for a right it Greates ox guarantees. As Justice Story wrote, , { ; ( 1 oe in sustaining the constitutionality of the Fugitive Slave Act of 1793: — "rf, indeed, the constitution guarantees the right, and | : if it requires the delivery [of the fugitive slave) upon t the claim of the owner . . ., ‘the natural inference cer- tainly is, that the neazion:1 gevernment is clothed with the appropriate authority andi functions to enforce it. The fundamental principle, applicable to all cases of this —.. | . sort, would seem to be, that when the end is required, the ( ) ( means are given. . ." Prigg v. Pennsylvania, 1642, 41 U.5. . 4 (17 Pet.) 539, 614. _ . a - . : . Zt is one thing when acts are mere invasions of private rights; "it is ee cite a different matter when Congress undertakes to protect the oitio “nen in the exercise of rights conferred by the constitution Fe] United 3tates essential to the healthy organization of the government -tself". Ex parte Yarbrough, 1884, 110 U.S. 652, "665, 4 §.Ct. 152, 1 _ “8 L.Ed. 274.; We turn now to the defendants' constitutional arguments. :
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