Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-01-15
CIVIL RIGHTS.

CIVIL RIGHTS.
DECISION q. IS. sUPREHE ooI.RT-
The Regulation of Interstate Commerce
Matter for Congress and not for State
Legislatures.
WASHINGTON, Jan. 14.-Supreme Court de
cision No III, Hall, administratix of Benson rs.
DeCnire. error, to Supreme Court from Louisi.
ana. In this case Benson was master OF a
steamboat enrolled and licensed under the
laws of the United States, and plying between
New Orleans and Vicksburg. he refused pas
sage to defendant on account of her color, and
this suit was brought under the law OF tie
State forbidding discrimination by common
carriers within the State on account OF race or
| color.
The defense was that the LAM Of the State was
| q void act, Us it had undertaken the regulation
| of commerce. SO far as the business OF defend
ants vessel was concerned, as it was engaged
| in interstate commerce, q matter wholly With
in the Jurisdiction and control of Congress.
! The State court held the law valid, and the
same question was presented here. The stat
ute il regarded in accordance with the decision
below as requiring those engaged IN inter-
| state commerce to give all persons
travelling in Louisiana upon puoilc
conveyances employed in their business, equal
4 rights and privileges without distinction on ac-
count Of race or color. and it is said that for
| this reason. the court has nothing to do with 1t
! as regulation of internal commerce, OF as al
fecting anything else than commerce among
| States, and rs to this the court says: There
can be no doubt that that exclusive power has
| been cOpferl ed uDOn Congress-. $50
The difficulty has never been as TO the exist
ence of this power, but as to what Is to be
deemed an encroachment upon 1T; ana IL may
be safely said that State legislation which seems
! to impose q direct burden upon Interstate
commerce or to interfere directly with its free-
DOM encroaches upon the exclusive power OF
Congress.
| The statute in question occupies this posi-
ton. It does not act upon business through
| local instruments to be employed after the
vehicle and conveyance comes within the state |.
but directly upon business as it comes into the
State from without, or goes out from within,
while it purperts only to control the carrier
when engaged within the State, it must neces-
sarily influence his conduct to some extent in
the management of his business throughout
his entire voyage
Decision reversed. The chief lusflce oeHV-
cred the opinion.
harrington VS.. State of Tennessee and Shelby
county; error to the supreme court OF Iennes-
see. The plaintiff in error in this case repre-
sents the Union and Planters bank, Tennessee,
whose charter declares that it shall pay to the
State an annual tax of one-half of one per cent.
on each share of capital stock subscribed which
| shall be in lieu of all other taxes. In iSf2 I'M
der subsequent legislation the stock of the
bank was taxed for State and county purposes
at the par value Of its stock at a rate liked by
later statute
The court holds the bank was exempt from
n ra&o s,f fay n
its charter by the compact therein contained
between the State and corporation, and that the
| subsequent legislation WIS void as impairing
the obligation of the contract. "A compact, :
says the court, lies ut the foundation of all
national life. Contracts mark the progress of
communities in civilization and prosperity;
they guard as far as possible against fnct,,-
ations of human affairs. They
| seek to give stability to the
present and certainly to une future. thry gauge
the confidence of man on the truthfnlness and
integrity of his fellow man; they are the
Springs of business, trade, and commerce, and
without them society could not so on. Spot
less faith in their fulfllment honers alike the
communities and individuals under the con-
I tract. In this case there could be no furthe,
tax upon the shares of the bank, for the rights
| have rested under it, and rights are sacred.
Decision reversed. Justice Swayne delivered
the opinion; dissenting, Justices Strong, Cliff
/ ford and Field who hold that the exemption Of
contracts does not extend to the shares of banks
| taxed as property against Individuals holding
1 them.
-Four other cases are disposed of by this de
cision.
an E.c-JudOe and IVe1t Kno.c,t Citizen, ar
/ rested for -4fs0H.
/ ST. LOUIS, Jan. 14.-Judge NJ. Wood OF
Henry county, Mo-, has been indicted for arson
in burning store belonging to the count,
grange. Mood had charge Of the store, and il
! is alleged, contrary to instructions, had pur
chased goods to a considerable amount, ane
when the fire occurred owed some 81, 500 to st
Louis and Cincinnati merchants. It is alst
said that instead Of there being 94, 600 worth O
stock in the store at the time of the fire, III
claimed by Wood, there was but 1880 worth
1t was further charged that several Thousand
dollars have disappeared unaccountably, ant
that arson was committed to destroy the eyi
dency of dishonesty. Wood was formerl.
4 judge of the Henry county court. is a farmer o
property, and is regarded as a man Of atrie
integrity.