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UNITED STATES V. MOSLEY, 238 U. S. 383 (1915)

U.S. Supreme Court

United States v. Mosley, 238 U.S. 383 (1915)

United States v. Mosley

No. 180

Submitted October 17, 1913

Decided June 21, 1915

238 U.S. 383


Section 19 of the Criminal Code, § 5508 Rev.Stat., punishing conspiracy to injure, oppress, or intimidate any citizen in the full exercise or enjoyment of any right or privilege secured by the Constitution or laws of the United States, is constitutional and constitutionally extends protection to the right to vote for members of Congress and to have the vote, when case, counted.

While § 19 of the Criminal Code, when originally enacted, was § 6 of the Enforcement Act, and Congress then had in mind the doings of the Ku Klux and the like against negroes, the statute dealt at the time with all federal rights of all citizens, and protected them all, and still continues so to do.

Section 19, Criminal Code, applies to the acts of two or more election officers who conspire to injure and oppress qualified voters of the district in the exercise of their right to vote for members of Congress by omitting the votes cast from the count and the return to the state election board.

The facts, which involve the construction and application of § 5508, Rev.Stat., and § 19 of the Penal Code, are stated in the opinion.

Page 238 U. S. 385

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