Potter Stewart

“ No support for the proposition that 'other person' includes private individuals not acting in association with federal officers can be drawn from the fact that the 'color of authority' provision of the Civil Rights Act of 1866 was carried forward together with the 'denied or cannot enforce' provision as § 641 of the Revised Statutes of 1874, whereas other removal provisions applicable to federal officers and persons assisting them were carried forward in § 643. ”

“ If the remand order were eventually reversed, there might finally be a trial in the federal court, also months or years after the original charge was brought.
We have no doubt that Congress, if it chose, could provide for exactly such a system. We may assume that Congress has constitutional power to provide that all federal issues be tried in the federal courts, that all be tried in the courts of the States, or that jurisdiction of such issues be shared. ”

“ In the context of its original enactment as part of § 3 of the Civil Rights Act of 1866, the statutory language 'officer * * * or other person' points squarely to the conclusion that the phrase 'or other person' meant persons acting in association with the civil or military officers mentioned in the immediately preceding words of the statute. ”

“ But we decline to repudiate those decisions, and we decline to do so not out of a blind adherence to the principle of stare decisis, but because after independent consideration we have determined, for the reasons expressed in this opinion and in Rachel, that those decisions were correct in their basic conclusion that the provisions of § 1443 (1) do not operate to work a wholesale dislocation of the historic relationship between the state and the federal courts in the administration of the criminal law. ”

“ Further, § 13 of the amendatory Act of 1866 specifically provided that 'the commissioner of this bureau shall at all times co-operate with private benevolent associations of citizens in aid of freedmen, and with agents and teachers, duly accredited and appointed by them, and shall hire or provide by lease buildings for purposes of education whenever such associations shall, without cost to the government, provide suitable teachers and means of instruction ”

“ City of Birmingham, 382 U.S. 87, 86 S.Ct. 211, 15 L.Ed.2d 176, to name one at random decided in the present Term. 'Cases where Negroes are prosecuted and convicted in state courts can find their way expeditiously to this Court, provided they present constitutional questions.' England v. Louisiana State Board of Medical Examiners, 375 U.S. 411, 434, 84 S.Ct. ”

“ See note 11, supra.↑ Section 5 also provided that, 'should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of the person upon whom the accused is alleged to have committed the offence.' 14 Stat. ”