, 1874-05-15

caao OF tho People u. Tho Chicago d: A1ton na,
soaa Lad boon removed by certtorayt from th
stato Court of Bangamon County to tho unito
states circuit Court for tho Southern District
ltlInoa, under tho "Aot Of June %, 1871, an,on,
asofy OF the Civil flights BILL" Tho not rotcrrc
10 rs entitled "Au aot to amend an not onnrovo
May o1' 1870, ontitlod I'm act t. ouforoo th
right OF citizens Of The United States to voto !,
'no aoVefa' stato8 Of tho Union, mud for othe
pafpoaos''' aud not amcndatoty Of tho Ciyj
1aehta bill, as stated. This ameudstorv mt l,
tho ono extensively commented on durinr tn,
4as1 rfeadentfnl election, and which virtual,
puts tho control Of the election Of President In
tno hnnds OF Federal officers, especially in o}t;os
hA''ng moro than 10000 Inhabitants, and vhio1
"aa 80 freoly used by tho uotor'ous
davenport in Nov York City. aud hv
harahd packard In Louisiana, to intorfors
with the rights of tho citizen and secure thu ro-
election Of Con. Graut. Tho law is bad enough
anu 'nrnishes any corrupt Administration with
tho power OF porpetuating itselt indeautely.-
aud peFhaps 1t ia fortunate TINT tho act ia now
Doing made nse Of by railroad corporatiopu
created oy State authority to placo themselves
beyond tho control Of the people Of The s.ato
tnen Legislature and courts, as 1t will call at-
tent1on to the iniquity Of an act Of Conerosa
which onght nsvor to hayo booa passed oara.
'al oxaminattod Of tho Bocsion Of tho act uuder
which tue railroad companies aru seeking to RI.
move their casos Into the United stataa oour,
WILL however, chow that 1t has no application to
such cases, and the certiorar; which haa ham ia.
aaed (probably On an ez-pa,te application Of the
chicago i Alton Railroad Company will doubt
1908 be dismissed when the matter comes to la
investigated by the United States Court.
Tile eixteenth section ot the net ro.er1sd tn
declares that, "in any case where suit or n,osa,
oution civil or criminal shall be commenced in
any court OF any State against any officer OF the
United States, or other person, for or On M.
count OF any act done under thu provisions of
this ace, OF uudor color thereof, or for or On ac.
count OF any right, authority, or title sot Up or
claimed BY sunh officer or other porsou under
any OF said provisions, ALI Of which relste tn
7o1ing and the regulation Of tho election fran
cnfae,-tt ahal bo lawful to remove tho caso bv
to the United States Circuit Cou,t
lhis ssotion nnanifestlJ ha. no -resaranoo 10
F'Shts claimed BY railroad corporations under
their charters. The Civil Rights aud Ku-Klux
acts We're passed, not for The protection Of cor
'osat'ons, but OF Individuals, especially tho COL
'rcd people, in thor personal rights, and by no !
air Interpretation can they be extended 30 aa to
include corporations.
The cases OF tho People against tho Railroads |
or extortion and unjust discrimination. in caao
10 Supreme Court OF the State should uphold
ho legaalation on which they arc founded. will
oubtloas In the end go to tho Supreme Court Of |
10 omtod States upoa the question az to
neither such legislation does not impair tho OBJ
gallon OF contracts as contained IN tho railroad
aartora, and thorcby violate tho Constitution Of
10 United States. But in all cases not ori,unal.
cogntzable in tho Federal Courts, before auob
question can be taken to tho Supreme Court Of
'e United States, the right claimed under tho
eteral Constitution or Lawn must frs, be de.
ded against by tho highest court Of law or
lu1tY tn the Stats. Certain ciaases Of c.sos.
spending chiefly on the parties lltigant, may be
moved from Slate into United states Courts In
or preliminary ssases, but the oaaos of thu
'ople against The Railroad corporations for o.
faoa DO not belong 10 any Of these olasaes,