The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1877-03-30


zks BouND TO Rssskos -Bai6noro, March S1.
Tho case Of Harriet Al C.,iiy. colored, assinst
the Baltimore and Ohio Railroad Company.
which has been ON trial four days Ia the United
States District Court, before Judge Gilss., WAS
concluded this morning, and under instructions
from the Court, the jury rendered verdict for
tho defendant, The action. with seventeen 9th.
ers, was brought against the company under the
civil rights act Of Congress of March I, 1875,
which imposes penalty Of $500 on any person
who should deny equal accommoda alton to anv
citizen, regardless Of previous condition. In no.
tells, theatres and public eonveyanoes The plain
till, colored woman OF Maryland, claimed 10
have been denied accommodation ON the Dora
pany strain in June, 1876, and was compelled,
MS she alleged, to occupy compartments car
which was inferior, simply because Of her raoe
or color. The company denied this. and proved
that colored persons had the same rights ON all
their trains as whites. The court, however
heard arguments on the constitutionality Of the
act under the fourteenth amendment to the con-
stitution, and held:
!. That the slaughter house cases (16 wallace)
had determined that the privileges belonging to
citizens Of the United States, as SUCH were diff.
ferent from the privileges belonging to citizens
of the State, as such, and that only the former
were under |ongrcssional protection; that this
opinion had been subsequently, affirmed by tho
United States Supreme Court.
purposes o. local travel was not q privilege of
u citizen Of the United States, as such, but was
a privilege t"'onging to a person by virtue of
his State citizenship and therefore, for the de-
NAL OF snch privilege, the citizen must look for
redress to the State tribunals; that it was not in
the power OF Congress to infict q penalty for the
denial Of such a privilege. The act, therefore.
was unconstitutional
This opinion accords with that of Judge En-
monds, United States Circuit, Judge for,the Sixth
Circuit. and Judge Sawyer, of California, and
other Federal Judges.
BAND OF FDEsrERADoEs.-Oran s. c..
March 21.-The store of Mr. Weeks, near Fort
Motto, having been burglariously entered last
week, warrant was taken out for the arrest of
the offenders, David Hart and Is,ael Pinckney.
both colored. The proofs were conclusive beyonj
p Doubt, and Captain F. w. Wannamaker, Trial
Justice under Gov. H.mpton's appointment, sent
his constable TO make the arrests
The constable was resisted, beaten with fence
rail and sent back. Captain Wannamaker then
sent two others, who returned, not being able to
effect the arrest. as the two negroes defed all
law inw' and SO replied. A prominent citizen, Mr.
Shirer, was next sent with nine others he, too,
returned with the information that the parties
had surrounded themselves with q crowd and
would not be taken.
The question then was TO submit to the humors
of brace Of desperadoes or enforce tho law
Captain Wannamaker got together four white
men, and came up with the offenders about eight
miles from Lewisville He rccited his mission
to Israel Pinckney. who seemed to be the leader
of the gang Of twenty that he found, all of
whom held drawn pistols. Israel replied that
'thero was no law" and she d be Id if any
white man should arrest him. Captain Wan
namakcr raised his pistol, rs did Hart, and Cap
tain Wannamaker fired, dropping him at once
The rest of the gang fed.
Captain Wannamaker placed the wounded man
in care of physician after capturing two others,
then came to Orangeburg to wait any charges,
If any, in these lawless, out-of-joirt times. So
much for the procrastiuation policy. The negro
Is in precarious way.-Ne,cs and Courier.