The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1879-08-08

mont OF streets and other Highways.
NEGATIVE AaREEM MENr8-iRnkYAHAhLn I'M
JuRY, When 4 contract contains covenants
TO do certain acts, and also 70 abstain from
SonE SIa Ssesr e ss Ss Gonss Sossh S 3 s
s5sdslSa e spssinoSIly .dsS RsSsfGs sls. e: e:
tight 70 relief does not depend upon the
character OF the Injury threatened. Each
the Injury Tor hInsseif, and it is enough n the
Court is satlsded nom the allegations Of the
complaint that the injury thus dehned VIII
result from the threatened breach.
These are suits by the City OF Portland to Fe-
strain the dsfsndants nom en- mpioying Chinese
upon certain street Improvements In the city.
Yatea ana aamiison sntsred into conffacis
With the city for the improvements Ia quea'
lion; that y was expressly stlpgl.e.ied and and the
Chinese laboreFs should be employed upon
the work; that the work contrAesed for ~
and that Baker and Hamilton are proceeding
in violation OF their contracts and o. the lsws
OF the state 20 make the improvements with
Ths qussIiona 70 be considered arise upon
An act OF the IssgisisinTe of this state, ap.
proved October u. ls1a. prohibits tho employ
improvemsnts OF the state, or upon tho streets
OF any Incorporated city within she State, ex-
cept aa 4 punishment for crime.
IA is argued that this ael lnteFferes with the
operation Of Art. . Of the Treaty OF leea be-
tween
n vioistSs ths ian amsndment 10 tho Constl.
tuition Of the Untted States, aud ia, therefore.
void. The Treaty article Ia question IL -
scitisons OF the United states Waiting OF 70.
siding In China shall enjoy She same prtvi.
travel or residence aa may there be enjoyed
by the citizens or subjects OF ths most favored
visiiin. or reading in the United states sbaii
enjoy the Same privileges. mmuuities and ex-
NAV there be enleyed BY The citizens or 6nh-
jectn OF the most favored nation. But nothing
hsrein contained ahal. DO held 70 confer
S,a,ss 10 0slns; "a n9r npon the aaa''O'1 OF
The itth amendment 20 the Consultation Of
the United states provides ~ follows: "No
state shall make Or enIoree any law which
/ citizens OF ths United States; nor shall any
! state deprive any person OF life, liberty or
/ 70 any person within iIs Jurisdiction ths equal
/ protection OF ths laws"
I Portland, recently decided By HIS Honor
Judge Dsady. OF the United States Dialrei
Court. IL Was held that the state law inteFferra
I win ths operation OF the Treaty. and Il for
( that reason Of no effect.
I against sheriff Nunan Of San ErAneiseo, u
/ Naa held By Judge Field, OF the United states
supreme Court. and Judge SAWYER. u The
I providing for the cutting Oh Of the hair Of all
per-onu inPriso sed 10 the county jail OF san
1 Discrimination against Chinese subjects, and
| has the effect 10 deprive them Of that equal
Ia.se Ia,h sInsndmsnI Thess SseiSions are SsiIsd
/ upon BY the defendants aa authoritative dec
% a is ss sT vs cy ol tRSrs Forssd Z
/ in point, bot cannot admit the correctness OF
I Tns fact that the Improvement In question
I - n public Improvement has NOS been quea-
/ ti0ned. The stato has the power and u - Us
/ duty 70 provide means OF facilitating com.
muuieAtion between distant localities The
/ establishment and maibtninanee Of roads Il
therefore one OF the high exercises OF Its sovor-
| elgn power. A street Ia any city OF Town. COM
I mon 10 All people. Is a public higbwsy. The
ing and grading OF streets In = city, and the ~.
{ ssSsment OF tne expenses OF the same upon the
Seen held 10 - : propsf asd eonstitationai sz-
/ eFcise OF the taxing power BY the Legislature
/ (Angell on HighWaya, 1917.
| The city, In opening OF improving streets.
I exercises = merely d1leEated authority con-
/ streets. and the manner N which the Improve
ment shall be made are matters exelusively
/ iaiure-as much 90 Is the erection OF public
/ buildings for State uses. Those Who per.
iorm Labor upon sJe1 ~, ise hs M
and provided for, and which II paid for out OF =
| fand raised. - has been seen, 6y tax. II fol.
/ lows that n the STATE cannot prohibit the em-
Spoa street Improvements. il cannot make
/ ment which iL aatioFlxes. II the Legislatnre
should enact that no Chinese subjects
should bs employed - guards a. the peniten.
| the state, or as workmen upon the unnniGhed
cheeIy cited, would not be allowed 70 stand.
The decision In the ease referred 70 u upon
the assumptlcn that the right secured hy The
United States implies the right 10 labor
here for a living. Conceding ,his, II does
PSs oses '9oR 9pon the a,s the dniy OF
/ ploymenL II this right 70 labor Is thus Sc
! labor for those.who choose 70 employ them.
| suppose. however, the state does not choose 70
haRR thss or The esnsns MthIn M
tion7 The state has undertaken 70 say for IL
not the Iimitation or = right, but the exercise
Of one.
sometimes resorted 70 by governments a. q
matter Of STATE policy-one Of the objects
abo4sr "a sas eaSs.s S2 % ms
/ for labor. The propFioty OF the adoption
Of this policy IN this eoantry Is sometlmes
| the advantages whieh such n policy offers TO
labor Is necessarily the property OF the world,
the bestowal OF lis favors 70 discriminate be-
| tween It's own citizens and aliens.
II ~ BOT apparent upon what reason the OBJ
/ lection TO the exclustOn OF Chinese subjects
| from employment on public works can be
the public service. nor, asi il law which 50 ex- <
| cludes them Is void, why law wh On pre-
| scribes such qualifications for ONCE holders as
| In effect excludes tuem from Office should not
also be neid 70 be void.
Il is clear that II the right OF residence is Inn
! 10 employ them, the resolution OF q manufac-
| turing corporation not % employ them will
/ have the same effect In either ease, as the
argument goes, the opportunity 20 earn liv-
| Ing, which the right Of residence IL made 70
imply, Is abridged.
II the words % the treaty, privileges, Inn
munities and exemptions Ia respect 70 travel
| or residencen Imply the right claimed. upon
the ground that the right 70 reside In country
| implies The right 10 follow any puFBuit which
viii contribute to the residents SUPPORT then
every pursuit which engages the attention OF
mans and every advantage which his conve-
nience suggests, are implledly secured 70 such
| resident. But the words, "in respect 20 resi-
dence or travel" are restrictive, and this fact Is
| In the W8y OF such q construction. Tney OBJ
viously ply that the treaty did not intend TO
| secure 70 Chinese subjects 0tt the privileges
which other aliens may enjoy; and yet there
are no privileges enjoyed by subjects "of the
most favored nations" that the Consumption
1 commended for by the defendants Will not
secure 10 Chinese subjects
It cannot be presumed that the trainers OF
| the treaty had nothing In view when they
used the words sin respect to residence or
travel" the Court has no authority to oblit-