New-York tribune., 1873-05-03

citizens VI the latter States No discrimination can ne
made by State aganst the citizens OF other S..ea ~ ~
levied than such a. is laid upon ts own citizens thsss
clause which insures equality In the ENJOY ei ~ M g., The
rights between citizens ~ the several states "io " ~
Alter some discussion Of authorities cited, Justice
Field saws: IL viii pretended that unue @ -io
fourth article Of the Constitution the bSgsas ,ts ~
manufacture in favor OF its own ctzent, u ~ n,
Of them. which would exclude an eqhl et,ans -,
the trade or manufacture monopolzed by ctllens on
other states nj could not confer Tor example upon any
Of its citizens the sole right 10 a., ~,
boots or silk or the sole right 90 sell tnOse cs IN me
state "A tn exclude nonresident citizens from engag
in "A similar manufacture OF Haio' ~
ciszeus conld claim equality oi pyicse paytie u9sp tb
the oitizens of the state eAerelsipG % 9s Ine mo
srects, them the monopoly would cease II THIS were
not So would be IN the power OF e9e S 70 r1cinue
at any the citizens OF OtheI otttes ul pal
ton In particular branches OF commerce or Jtue, ana
extend the exclusion from time 10 e 81 a. ehectuaiy
20 prevent any traffic Win thoih NoN Nat tle claise
n question does the protection O citizens OF one State
against the creation OF monopocs ~ yor ol c.ens o
other states, the Fourteenth Amendment docs for he
prOtetiun OF every citizen et the United states against
Inc creation Of any monopoly Whatever The privileges
immunes OF cltllehs OF the Cleu states Oh every
one OF them. Is secured against abrdgemen ia any form
py any state. The Fourteenth Amendment places them
under tue guardianship OF the national authority"
some elueidauon of points relating 10 Inonopoes and
their baneiul influences follows ana the opinion goes
on 10 argue Fourteenth Amendment was intended
give practical effect 70 the declaration Of l6 OF IN
which the law confer but only recognizes II
the trader In London could plead that he a tree
Jury OF mOnOpOhe, surely under the Fourteenth Amend
nen every citizen Of the United states should be able
plead citizenship NJ tine Republic as protection
against any similar invasion Of Ills privileges and m
muuiues.
Afer some review OF cases. which absolute equal
v OF right among citizens has been recognized by the
courts opinion thus concludes: This equality OF
right with exemption from al dtsparaglng and partial
enactuents the lawful pursuits OF NE, throughout
the whole country Is the distinguishing privilege OF
citizens OF tine United States. To them everywhere all
purs g. ALI professions ali avOcations are open without
other restrictions than such imposed equally upon
state may prescribe such regulations for every pursuit
and calling Of lie as Will promote the pubic heiith,
secure good order and advance the general prosper
iy OF society but when prescribed the pursuit or
calling must be free 20 be followed by every cluzen
who Ia within the conditions designated, and VIII
conform 10 the regulations. TINS Is the funda-
mental idea uuOn which Institutions rest, and unless
adhered the legislation OF the country our Govern
meut viii bs a republic only III name The Fourteenth
Amendment my judgment. makes Dc essential 70 the
validity legislation of every state that TINS equal
itv of right should be respected. how widely tins
tqua v mas been departed from how entirely rejected
and ampied upon by he act Of LOUISIANA, nave Al
ready shown. Aud 10 Is % me matter of profound re
cret that validity recognized Dy majority OF thH
ourt for by & right of tree LABOR, one OF the most
sacraC and imprescupuble rights Ol man, rs violated
As stated by the supreme Court Of Connecticut III the
case cted grants OF exclusive privilege, such as ls made
Dv the act IN question opposed 90 tne Whue lheuy
oi free government, and I res no ana IRON any DiLl
of rgnIs 90 render them void. Tnat only Tree gov
ernlnent In the American OF the term under "hch
pue5s uureStruned except uy Just, equal ana lNpAi