Page:Federal Reporter, 1st Series, Volume 6.djvu/832

 820 FEDERAL REFOBTEB. �section is objectionable for the further reason that it attempts to punish individuals acting on their own responsibility, and net as offlcers of the United States, or of a state, or otherwise, under pre- tended authority of laws prohibited by the afteenth ameudment �Indictment. Motion to Quash. �Chas.L.Holstein, U. S. Att'y, and L. H. Richardson, Asst, for the Government. �T. A. Hendricks, Lewis Jordan, and 0, J. Glessner, for de- fendants. �Gbesham, D. J. The indictment contains six counts, ail based upon section 6 of what is known as the "Enforcement Act,"(16 St. 140; Eev. St. § 5507.) The first oount charges that on the fifth day of April, 1880, an election was held under the laws of Indiana for township officers, in and for Addison township, Shelby county, Indiana; that Thomas Wilson, a colored man, was then and there a citizen and an inhabitant of said township, to whom the right of suffrage was guaran- tied by the fifteenth amendment to the constitution of the United States, and a legal voter at said election ; and that by threats of violence the defendants hindered, prevented, and intimidated the said Wilson from exercising the right of suf-
 * l^rage at said election so guarantied to him by the fifteenth

amendment. The remaining counts need not be noticed fur- ther tham to say.that on the motion to quash they present the same questions as the first. Section 1 of the enforce- ment act provides that ail citizens of the United States, who are otherwise qualified, shall be entitled to vote at ail elec- tions, without distinction of race, color, or previous condition of servitude, any constitution or law of the state to the con- trary notwithstanding. This section, however, provides no punishment for its violation. Section 2 provides that officers whose duty it is to afford opportunity to citizens to perform an act which by the constitution or laws of any state is made a prerequisite or qualification of voting, who refuse or know- ingly omit to furnish the required opportunity on account of race, etc., shall be punished for misdemeanor. Section 3 provides that an offer by any citizen to perform the act which is a prerequisite or qualification of voting shall have the same ��� �