186 F. 685 | 5th Cir. | 1911
(after stating the facts as above). R The statute (section 5508) on which the first count of the indictment is based is applicable to conspiracies to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States,^ or because of his having so exercised the same. The statute is applicable for the protection of “any citizen” without other limitation. The rights or privileges- protected by the statute are limited. The statute embraces and protects only those which are secured to the dtizen -“by'the Constitution or laws of the United States.” The indictment charges that the defendants with others conspired to injure, oppress, threaten,- and intimidate certain voters in the free exercise and enjoyment of the right and privilege to vote for members of the House of Representatives of the United States. It is contended by the learned 'counsel for the accused that the right or privilege to vote at an election for a member of the House of Representatives of the United States is not a right or privilege secured by the Constitution or laws of- the United States, and that, therefore, such right is not within the meaning of section 5508. That contention presents the controlling-question in this case.
“The House of Representatives shall be composed of members chosen every second- year by the people of the' several states, and the electors in each state shall, havé; the--qualifications requisite for electors of the most numerous, branch of the state Legislature;”- Subdivision■ 1, § 2) Const.'
The judgment is affirmed.