United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 52 of 150)
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occupying such island, rocks, or keys, for the purpose of obtaining
guano, and of selling and delivering the same to citizens of the Unitea
States, to be used therein, and may be allowed to charge and receive
for every ton thereof delivered alongside a vessel, in proper tubs,
within reach of ship's tackle, a sum not exceeding eight dollars per
ton for the best quality, or four dollars for every ton taken while in
its native place of deposit.

Act Aug. 18, 1856, c. 164, f 2, 11 Stat 119.

§ 3920. (R. S. § 5574.) Restrictions upon exportation.

No guano shall be taken from any such island, rock, or key, ex-
cept for the use of the citizens of the United States or of persons
resident therein. The discoverer, or his widow, heir, executor, admin-
istrator, or assigns, shall enter into bond, in such penalty and with
such sureties as may be required by the President, to deliver the guano
to citizens of the United States, for the purpose of being used therein,
and to none others, and at the price prescribed, and to provide all
necessary facilities for that purpose within a time to be fixed in the
bond; and any breach of the provisions thereof shall be deemed a
forfeiture of all rights accruing under and by virtue of this Title. This
section shall, however, be suspended in relation to all persons who

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§ 89S0 THB TBRRITORIM AND INSULAR P088B88I01f8 (Ttt 2S

have complied with the provisions of this Title, for five years from and
after the fourteenth day of July, eighteen hundred and seventy-two.
Act Aof . 18, 1856, c 164, f 2, 11 Sut 119. Act Jnij 28, 1860^ e. 288, | 8,
14 Stat 32& Act April 2, 1872, c 81, | 1, 17 8tat 48.

§ 3921. (R. S. § 5575.) Regulation of guano trade.

The introduction of guano from such islands, rocks, or keys, shall
be regulated as in the coasting-trade between different parts of the
United States, and the same laws shall govern the vessels concerned
therein.

Act Auf . 18, 1866, c 164, | 8, U Sut 120.

§ 3922. (R. S. § 5576.) Criminal jurisdiction.

All acts done, and offenses or crimes committed, on any such
island, rock, or key, by persons who may land thereon, or in the wa-
ters adjacent thereto, shall be deemed committed on the high seas,
on board a merchant-ship or vessel belonging to the United States ;
and shall be punished according to the laws of the United States
relating to such ships or vessels and offenses on the hi^h seas, which
laws for the purpose aforesaid are extended over such islands, rocks,
and keys.

Act Auf. 18, 1896, c 164, f 6, 11 Stat 120.

This section, in so far aa it applied to the crimes defined In chapter 11 of
the Criminal Code, post, H 1044&-10462, was superseded by the prorialon
making ponishable those crimes when committed *'on any island, rock, or key,
containing deposits of fnano, which may, at the discretion of the President
be considered as appertaining to the United Sutes,** contained in Crim. Code,
I 272, subd. 4, poet, f 10445.

§ 3923* (R. S. § 5577.) Employment of land and naval forces.

The President is authorized, at his discretion, to employ the land
and naval forces of the United States to protect the rights of the
discoverer or of his widow, heir, executor, administrator^ or aissigns.
Act Aug. 18, 1856, c. 104, { 5. 11 8Ut 120.

§ 3924. (R. S. § 5578.) Right to abandon islands.

Nothing in this Title contained shall be construed as obliging the
United States to retain possession of the islands, rocks, or keys, after
the guano shall have been removed from the same.
Act Aog. 18, 1856^ c. 164, { 4, 11 SUt 120.

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Title XXIV

CIVIL RIGHTS



See. Beo.

3925. Equal rights under the law. (3) Conspiracy to deprWe a citi-

3026. Equal rights in inns, public con- sen of his rights or privi-

veyances, theaters, etc. lege.

3d27. Penalty for violation of act; elec- 3d34. Action for neglect to prevent con-

tion of remedy. spiracy.

3028. Jurisdiction of prosecutions and 8935. District attorney, etc, to prose-
actions fo]> violation of act; offi- cute,
cers required to institute and 8936. Commissioners,
prosecute proceedings; failure of 3987. They may appoint persons to
district attorney to prosecute.' execute warrants, etc

8929. Jurors not to be excluded on ac- 8988. Marshal to obey precepts, etc

count of race or color. 8989. Marshal refusing to receive or ex-

3930. Review of proceedings under act. ecute process.

3931. Rights of citizens in respect to. 3940. Fees of district attorney, etc.

real and personal property. 3941. Of persons appointed to execute

8982. Civil action for deprivation of process, etc.

rights. 3942. Speedy triaL

8933. (1) Conspiracy to prevent officer 3943. Aid of the military and naval

from performing duties. forces.

(2) Conspiracy to intimidate par- 3944. Peonage abolished.

ty, witness or juror, or to 3945. Foregoing section, how enforced,
obstruct justice.

§ 3925. (R. S: § 1977.) Equal rights under the law.

All persons within the jurisdiction of the United States shall have
the same right in every State and Territory to make and enforce
contracts, to sue, be parties, give evidence, and to the full and equal
benefit of all laws and proceedings for the security of persons and
property as is enjpyed by white citizens, and shall be subject to Uke
punishment, pains, penalties, taxes, licenses, and exactions of every
kind, and to no other.

Act May 31, 1870, c. 114, i 16, 16 Stat. 144.

§ 3926. (Act March 1, 1875, c. 114, § 1.) Equal rights in inns,
public conveyances, theaters, etc.

All persons within the jurisdiction of the United States shall be
entitled to the full and equal enjoyment of the accommodations,
advantages, facilities, and privileges of inns, public conveyances on
land or water, theaters, and other places of public amusement ;
subject only to the conditions and limitations established by law,
and applicable alike to citizens of every race and color, regardless
of any previous condition of servitude. (18 Stat. 335.)

This section and the four sections next following constituted the Civjl
Rights Act of March 1, 1875, c. 114, entitled "An act to protect all citizens
in their civil and legal rights."
The preamble of the act was :

**Whereas, it is essential to just government we recognize the equality of a^
before the law, and hold that it is the duty of government in its dealings

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8 3926 CIVIL BIQHT8 (Tit 24

with the people to mete oot equal and exact justice to all, of whateyer natiTitj.
race, color, or perenatioii, relicieoe or political | and it beinff the appropriate
object of leffialation to enact great fandaineotal principlea into law : There-
lore."

Sectiona 1 and 2 of this act were held onconedtntional, at leaat eo far
aa their operation in the several Sutes was concerned, but without deoidinc
whether the law was operatiTe in the Territories and District of Columbia,
GItU Rights Cases, 100 U. 8. 8.

Depriving citisens of their civil rights, under color of any law, etc.. wa*
made punishable b/ R 8. f 0510, which was incorporated in Crim. Code, f
20, post, I 10184.

§ 3927. (Act March 1, 1875, c. 114, § 2.) Penalty for violation of
act; election of remedy.
Any person who shall violate the foregoing section by denying
to any citizen, except for reasons by law applicable to citizens of
every race and color, and regardless of any previous condition of
servitude, the full enjoyment of any of the accommodations, ad-
vantages, facilities, or privileges in said section enumerated, or
by aiding or inciting such denial, shall, for every such offense, for-
feit and pay the sum of five hundred dollars to the person ag-
grieved .thereby, to be recovered in an action of debt, with full
costs ; and shall also, for every such offense, be deemed guilty of
a misdemeanor, and, upon conviction thereof, shall be fined not
less than five hundred nor more than one thousand dollars, or
shall be imprisoned not less than thirty days nor more than one
year : Provided, That all persons may elect to sue for the penalty
aforesaid or to proceed under their rights at common law and by
State statutes; and having so elected to proceed in the one mode
or the other, their right to proceed in the other jurisdiction shall
be barred. But this proviso shall not apply to criminal proceed-
ings, either under this act or the criminal law of any State : And
provided further. That a judgment for the penalty in favor of the

Earty aggrieved, or a judgment upon an indictment, shall be a
ar to either prosecution respectively. (18 Stat. 336.)
.S^e note to preceding section of this act, ante, f 3926.
OflEenses against the ciyil rights of citizens were defined and punished bj
Ciim. Code, f f 19-21, post, ff 10183-10186.

S 3928. (Act March 1, 1875, c. 114, § 3.) Jurisdiction oi prosecu-
tions and actions for violation c^ act; officers required to in-
stitute and prosecute proceedings ; failure of district attorney
to prosecute.
The district [and circuit] courts of the United States shall have,
exclusively of the courts of the several States, cognizance of all
crimes and offenses against, and violations of, the provisions of
this act ; and actions for the penalty given by the preceding sec-
tion may be prosecuted in the territorial, district, or circuit courts
of the United States wherever the defendant may be found, with-
out regard to the other party; and the district attorneys, mar-
shals, and deputy marshals of the United States, and commission-
ers appointed by the circuit and territorial courts of the United
States, with powers of arresting and imprisoning or bailing of-
fenders against the laws of the United States, are hereby specially

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Tit 24) • CIVIL EIGHTS § 3D30

authorized and required to institute proceedings against every per-
son wlio shall violate the provisions of this act, and cause him to
be arrested and imprisoned or bailed, as the case may be, for trial
before such court of the United States, or territorial court, as by
law has cognizance of the offense, except in respect of the right
of action accruing to the person ag^grieved; and such district at-
torneys shall cause such proceedings to be prosecuted to their ter-
mination as in other cases : Provided, That nothing contained in
this section shall be construed to deny or defeat any right of civil
action accruing to any person, whether by reason of this act or
otherwise; and any district attorney who shall willfully fail to
institute and prosecute the proceedings herein required, shall, for
every such offense, forfeit and pay the sum of five hundred dol-
lars to the person aggrieved thereby, tp be recovered by an action
of debt, wkh full costs, and shall, on conviction thereof, be deemed
guilty of a misdemeanor, and be fined not less than one thousand
nor more than five thousand dollars : And provided further. That
a judgment for the penalty in favor of the party aggrieved against
any such district attorney, or a judgment upon an indictment
against any such district attorney, shall be a bar to either prosecu-
tion respectively. (18 Stat. 336.)

The words "and circuit/' inclosed in brackets in this section, were super-
seded by the abolition of the circuit courts and the transfer of their powers
and rules to. the district courts, by Jud. Code, §{ 28&-291, ante, f§ 1266-1269.

Jurisdiction of suits for deprivation of civil rights was given to the dis-
trict courts by R. S. § 563, par. 12, incorporated in Jud. Code, f 24, par. 14,
ante, | 991 (14) ; and jurisdiction on writ of error or appeal in such cases,
without regard td the sum or value in dispute, was given to the Supreme
Court by R. S. f 699, par. 4, superseded by Act March 8, 1891, c 617, f{
4-^ incorporated in Jud. Code, f| 128, 238, 239, ante, ff 1120, 1216, 1216.

§ 3929. (Act March 1, 1875, c. 114, § 4.) Jurors not to be ex-
cluded on account of race or color.

No citizen possessing all other qualifications which are or may
be prescribed by law shall be disqualified for service as grand or
petit juror in any court of the United States, or of any State, on
account of race, color, or previous condition of servitude ; and any
officer or other person charged with any duty in the selection or
summoning of jurors who shall exclude or fail to summon any
citizen for the cause aforesaid shall, on conviction thereof, be
deemed guilty of a misdemeanor, and be fined not more than five
thousand dollars. (18 Stat. 336.)

This section has been held constitutional. Ex parte Virginia, 100 U. SL
339.

A provision similar to that of the first part of this section was contained in
the last clause of Act June 30, 1879, c. 52, { 2, incorporated in Jud. Code, f
278, ante, { 1255. v

§ 3930. (Act March 1, 1875, c. 114, § 5.) Review of proceedings

under act.

All cases arising under the provisions of this act in the courts

of the United States shall be reviewable by the Supreme Court

of the United States, without regard to the sum in controversy,

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§ 8980 dviL BiOHTB (Tit 24

under the same provisions and regulations as are now provided by
law for the review of other causes in said court (18 Stat 337.)
See Dotet to aection 8 of this act, ante, | 892a

§ 3931. (R S. § 1978.) Rights of citizens in re^>ect to real and
personal property.

All citizens of the United States shall have the same right, in every
State and Territory, as is enjoyed by white citizens thereof to inherit,
purchase, lease, sell, hold, and convey real and personal property.
Act April 9, 1866, c 31, f 1, 14 8Ut 27.

§ 3932. (R S. § 1979.) Civil action for deprivation of rights.

Every person who, under color of any statute, ordinance, regula-
tion, custom, or usage, of any State or Territory, subjects, or causes
to be subjected, any citizen of the United States or other person
within the jurisdiction thereof to the deprivation of any rights, privi-
leges, or immunities secured by the Constitution and laws, shall be
liable to the party injured in an action at law, suit in equity, or other
proper proceeding for redress.

Act April 20. 1871, c 22, | 1, 17 SUt 13.

Juriediction of suite for deprivation of ciyfl rights was ^yen to tlM dis-
trict courts by R. S. f 563, par. 12, incorporated in Jad. Code, f 24, par.
14, ante, f 091 (14).

§ 3933. (R. S. § 1980.) (1) Conspiracy to prevent officer from
performing duties.
First. If two or more persons in any State or Territory conspire
to prevent, by force, intimidation, or threat, any person from accept-
ing or holding any office, trust, or place of confidence under the
United States, or from discharjj^ing any duties thereof ; or to induce
by Hke means any officer of the United States to leave any State,
district, or place, where his duties as an officer are required to be
performed, or to injure him in his person or property on account of
his lawful discharge of the duties of his office, or while engaged in
the lawful discharge thereof, or to injure his property so as to molest,
interrupt, hinder, or impede him in the discharge of his official du-
ties;

Act Julj 81, 1861, c 33, 12 Stat 284. Act April 20, 1871, c. 22, f 2. 17
Sut 13.

Jurisdiction was given to the district courts of all suits authoriaed by law
to be brought for the recovery of damages on account of any injury to per«oo
or property, or because of the deprivation of any right or pririlege of a
citizen, by any act done in furtherance of any conspiracy mentioned in this
aection, by R. S. f 503, par. 11, incorporated in Jud. Code, f 24, par. 12, ante,
1 991 (12).

Con8i>iracios such as are described in this subsection were made poniriiable
by R. S. f 5518, incorporated in Grim. Code, { 21, post, f 10185.

(2) Conspiracy to intimidate party» witness or juror, or to ob-
struct lustice.
Second. If two or more persons in any State or Territory conspire
to deter, by force, intimidation, or threat, any party or witness in any
court of the United States from attending such court, or from testi-
fying to any matter pending therein, freely, fully, and truthfully, or
to injure such party or witness in his person or property on account
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Tit 24) GtviL RI0HT8 (8934

of his having so attended or testified, or to influence the verdict, pre-
sentment, or indictment of any grand or petit juror in any such court,
or to injure such juror in his person or property on account of any
verdict, presentment, or indictment lawfully assented to by him, or
of his being or having been such juror; or if two or more persons
conspire for the purpose of impeding, hindering, obstructing, or de-
feating, in any manner, the due course of justice in any State or Ter-
ritory, with intent to deny to any citizen the equal protection of the
laws, or to injure him or his property for lawfully enforcing, or at-
tempting to enforce, the right of any person, or class of persons, to
the equal protection of the laws ;

Act Jaly 31, 1861, c. 33, 12 Stat 284. Act April 20, 1871, c. 22, I 2, 17

Stat 13.
See note to subsection 1.
Conspiracies such as are described In this subsection were made punishable

by R. S. f 5406, incorporated in Crim. Code, f 136, post, f 10216.

(3) Conspiracy to deprive a citizen of his rights or privileges.

Third. If two or more persons in any State or Territory conspire,
or go in disguise on the highway or on the premises of another, for
the purpose of depri\'ing, either directly or indirectly, any person or
class of persons of the equal protection of the laws, or of equal priv-
ileges and immunities under the laws ; or for the purpose of prevent-
ing or hindering the constituted authorities of any State or Territory
from giving or securing to all persons within such State or Territory
the equal protection of the laws; or if two or more persons con-
spire to prevent by force, intimidation, or threat, any citizen who is
lawfully entitled to vote, from giving his support or advocacy in a
legal manner, toward or in favor of the election of any lawfully quali-
fied person as an elector for President or Vice-President, or as a
member of Congress of the United States ; or to injure any citizen
in person or property on account of such support or advocacy; in
any case of conspiracy set forth in this section, if one or more per-
sons engaged therein do, or cause to be done, any act in furtherance
of the object of such conspiracy, whereby another is injured in his
person or property, or deprived of having and exercising any right
or privilege of a citizen of the United States, the party so injured or
deprived may have an action for the recovery of damages, occasioned
by such injury or deprivation, against any one or more of the con-
spirators.

Act Jnly 31, 1861, c. 33, 12 Stat 284. Act April 20, 1871, c 22, f 2,
17 Stat. 13.

See note to subsection 1.

Conspiracies such as are described in this subsection were made punishable
by R S. § 5508, incorporated in Crim. Code, § 19, post, f 10183.

§ 3934. (R. S. § 1981.) Action for neglect to prevent conspiracy.
Every person who, having knowledge that any of the wrongs con-
spired to be done, and mentioned in the preceding section, are about
to be committed, and having power to prevent or aid in preventing
the commission of the same, neglects or refuses so to do, if such
wrongful act be committed, shall be liable to the party injured, or
his legal representatives, for all damages caused by such wrongful

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§ 89M cnriL RIGHTS (Tit 24

act, which stich person by reasonable diligence coald have prevented ;
and such damages may be recovered in an action on the case ; and
any number of persons guilty of such wrongful neglect or refusal
may be joined as defendants m the action ; and if the death of any
party be caused by any such wrongful act and neglect, the legal rep-
resentatives of the deceased shall have such action therefor, and may
recover not exceeding five thousand dollars damages therein, for the
benefit of the widow of the deceased, if there be one, and if there be
no widow, then for the benefit of the next of kin of the deceased.
But no action under the provisions of this section shall be sustained
which is not commenced within one year after the cause of action has
accrued.

Act April 20, 1871, c 22, f 6, 17 Stat 16.

Jurisdiction of all suits which may be brought under this section was fireo
to the district courts, by Jud. Code, | 24, par. 18, ante, | 991 (13).

§ 3935. (R. S. § 1982.) District attorney, etc., to prosecute.

The district attorneys, marshals, and deputy marshals, the com-
missioners appointed by the circuit and territorial courts, with power
to arrest, imprison, or bail offenders, and every other officer who is
especially empowered by the President, are authorized and required,
at the expense of the United States, to institute prosecutions against
all persons violating any of the provisions of chapter seven of the
Title "Crimes," and to cause such persons to be arrested, and impris-
oned or bailed, for trial before the court of the United States or the
territorial court having cognizance of the offense.

Act April 9, 1866, c 81, f 4, 14 SUt 28. Act May ZU 1870, c. 114,
i 9, 16 Sut 142.

The office of circuit court commissioner, under R. S. | 627, was abolished,
and the office of United States commissioner substituted therefor, by Act May
28, 1896, c. 252, | 19, ante, | 1337. The United States commissioners ao
created were given all the powers and required to perform all the duties of
the former circuit court commissioners.

Chapter 7 of the Title "Crimes,** of the ReTised Statutes, referred to in
this section, related to crimes against the elective franchise and civil rights
of citizens. Most of its provisions were incorporated in Chapters 8, 6, and 10
of the Criminal Code, post, || 19-26, 125-146, 246-271, and were repealed
by section 341 of said Code, post, | 10515.

§ 3936. (R S. § 1983.) Commistioners.

The circuit courts of the United States and the district courts of
the Territories, from time to time, shall increase the number of com-
missioners, so as to afford a speedy and convenient means for the
arrest and examination of persons charged with the crimes referred
to in the preceding section ; and such commissioners are authorized
and required to exercise all the powers and duties conferred on them
herein with regard to such offenses in like manner as they are au-
thorized by law to exercise with regard to other offenses' against the
laws of the United States.

Act April 9, 1866, c 81, I 4, 14 Stat 2a Act Hay 81, 1870^ c lU, |
9, 16 Stat 142.
See note to ReT. St f 1982, ante, | 3935.

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tit 24) CIVIL BIGHTS 8 3940

§ 3937. (R. S: § 1984«) They may appoint petscms to execute
warrants, etc.
The commissioners authorized to be appointed by the preceding
section are empowered, within their respective counties, to appoint,
in writing, under their hands, one or more suitable persons, from time
to time, who shall execute all such warrants or other process as the
commissioners may issue in the lawful performance of their duties,
and the persons so appointed shall have authority to summon and
call to their aid the bystanders or posse comitatus of the proper
county, or such portion of the land or naval forces of the United
States, or of the militia, as may be necessary to the performance of
the duty with which they are charged ; ^nd such warrants shall run
and be executed anywhere in the State or Territory within which they
are issued.

Act April 9, 1866, c 81, f 5, 14 Stat 28. Act May 81, 1870, a 114, | 10, 16
Stat 142.

See note to R. S. | 1982, ante, f 8935.

The Army is not to be used, as a posse comitatns or otherwise, for the pur-
pose of executing the laws, except as expressly authorized by the Constitution
or by act of Congress, by Act June 18, 1878, c 263, § 15, ante, | 1992.

Obstructing the execution of process issued under the provisions of this
section and the section next following was made punishable by R. S. | 5516,
incorporated in Crim. Code, | 141, post, | 10311.

§ 3938. (R. S. § 1985.) Marshal to obey precepts, etc.

Every marshal and deputy marshal shall obey and execute all war-
rants or other process, when directed to him, issued under the pro-
visions hereof.

Act April 9, 1866, c 81, i 5, 14 Stat 28. Act May 81, 1870, c 114, i 10,
16 Stat. 142.

A marshal or deputy marshal, refusing to receive or execute process issued
under this section, was made liable to the party aggrieved thereby, by R. S.



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 52 of 150)