Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-03-30
CIVIL RIGHTS.
Comments Of Northern Papers On the
Late Decision of Judge Emmo1H.

Detroit Tribune 9th:
In commenting on Judge Emmons's
charge to the Memphis grand jury con-
cerning the civil rights bill, the Cleve-
land Leader says: "Our lawyer readers
very well know the legal reputation of
Hon. II. II. Emmons, judge Of the
United States circuit court, that includes
Ohio, Michigan, Kentucky and Tennes-
see. Judge Emmons stood among the
best lawyers Of the circuit, be for many
years having stood at the head Of his
profession in Michigan. He is one Of
the most critical lawyers Of the day, and
his opinion justly carries with it great
weight. His mind is purely legal, and
We hardly know a judge whose legal
opinion would be less swsyed by ex-
traneOus circumstances, or by the sur
rounding conditions, than his. He
would give clear cut legal opinion, aud
ifthe predictions or prejudices of the
times did not haTmonize with such
opinion, so much the worse for such pre-
delictions and prejudices. He would
give you the Law as be understood it,
fesrlessly and Independently"
Detroit Post, l4th.l
II lie not necessary to direct public at
tention to the. very able and important
charge made by Judge Emmons, Of this
circuit, 10 the United States grand jury,
in Tennessee, relative to the new civil
rights law, as the importance of the SUBJ
je5t and the reputation OF the judge will
cause this charge to be everywhere stud
led with interest and care. Judge EN-
mons Enthusiastically points to a judicial
decision against the cOnstitutionality Of
the law. His argument is undeniably
strong and clear. The judge truthfully
declared that such crimes as murder,
arson, robbery, assaults, etc., undOubt-
edly surpass in Importance exclusions
from theaters and hotels; yet it has new
er been pretended that the United States
government has police power to punish
such crimes. Nevertheless the language
of the fifteenth amendment covers these
larger crimes, most assuredly, il it cov-
ers smaller ones; and it Is q notorious
fact that these larger crimes are often
inflicted upon blacks in the south be-
cause OF the prejudices of color and
caste. The police power to regulate
crimes and offenses has never been
claimed for the national government,
but has always been conceded to the
States. The amendments to the ma
tiOnal constitution may confer power
upon congress TO legislste against pOLiti-
cal Ofenses, and in defense Of political
rights, es in the anti-kuklux laws; but
the exclusion Of negroes from hotels,
theaters, cars, etc., are not political of
fenses, but personal offenses, falling evil
IDENTIFY under the power of political regu-
lation, which the judge holds "were
matters not only not granted to the
nFpan ant Inn n no
tuition itself expressly reserved to the
State" The charge quotes that part of
the fourteenth amendment upon which
the civil rights bill is based. 1t reads as
follows:
mo State shall make or enforce anu
lar which shall abridge the privileges
or immunities of citizens of the United
States; nor shall any State deprive any
person Of life, liberty or property with:
out due process of law, nor deny to any
person sOitltiyl its jurisdiction the equal
protection of the LGa0S."
"lhese PROVISIONS" says the charge,
"have no application to this subject
They are aimed at the action Of the State
only, and have no reference to the indi-
vidual. No State shall make any un-
equal law. If it does make such law
that law will be unconstitutional, and
the courts will declare it null and void.
II any State denies to any person the
equal protection of the laws in its courts
such proceedings will be unconstitutiOn-
al and void. Congress may, doubtless,
legislate so as to provide easy facilities
for appeals from State courts to the
United States courts. It has done so in
a law passed last winter. But it is ap-
parent that this charge holds that con-
gress has no power to directly legi islate
so as to assume police regulations over
such offenses as the civil rights law
treats Of; and its interference at all
can only be directed at the State, and
its laws and courts, and not at individ-
uals. This, in substance, appears to be
the argument of the charge. 1t comes
from high authority. 1t appears to us
that the argument of Judge Emmons is
unanswerable as sound law, and that it
foreshadows decision by the supreme
court which will declare the civil rights
law unconstitutional. The question is
no longer one of politics, or Of equity
it is question now of constitutional
law only-and the courts will decide it
as law question, without fear, favor,
or affection, upon entirely disinterested
legal grounds. Nevertheless Judge EN-.
mons is of too kindly q nature not to
feel regret that the cold and passioRless
logic of the law may disappoint many
warm hopes and expectations, and this
regret he gave expression to in closing
his charge.