Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1880-03-04
Important United States Supreme
Court Decisions.
Chicago Evening Journal.

Important United states Supreme
Court Decisions.
Chicago Evening Journal.
Monday afternoon was devoted
by the Supreme Court Of the Unit
ed States to the reading of opinions.
The court had act been in session
for q month and the grist ground
out was unusually large and import.
ant. These opinions related to
twelve adjudicated cases. The first
in the lis. related to contract the
fulillment of which was delayed by
the war. The court he'd that the
nonperformAnce Was entirely ex-
cusabie under the circumstances,
reversing the decision of Southern
State Court. Five of the cases
came up by appeal from Illinois,
involving no important principle
except that two of them gave
further evidence Of the validity OF
railway.aid bonds. There ia no
doctrine better established than this
that municipality cannot evade
the payment of its obligations as
sumed in fu.therance Of public i'm
provements. Three of the cases
related to the rights of colored peo-
pls and enc to State rights 40
brought in issue by 'moonshiners."
On these four cases and no others
did the court divide. The venerable
Bourbon from Maine, Justice Cliff.
ford, and the California Democratic
aspirant to the Presidency, Justice
Field, took partisan view of the
question of State rights involved.
The color cases arose, one In
West Virginia and two in Virginia.
The three were essentially identical.
In both States oolored people are
not allowed to sit on juries, and up
on writ Of error test cases are
brought before the Supreme Court,
which has at last rendered decis.
ion which:is an important assertion OF
impartial rights under the national
constitution IS it 10, in contrast to
the really legal. although unjust,
decision in the Dred Scott case.
The Tue doctrine ia we'll sci forth
in the following extracts from the
opinion of the court, presented by
Justice Strong. in tho Cole case.
This court, after careful examination of
the act of March 4, 1875, which provides for
the trial and punishment of officers who ex.
cluded citizens from the jury,list on account
of race or color, holds that that act is author
lied by the Thirteenth aud Fourteenth
amendments to the constitution, for the en-,
forcement of which Congress is given power
to pass appropriate legislation. The court
also holds that the inhibition contained in
the Fourteenth Amendment means that no
agency Of State nor of officers or agents by
whom its powers are exerted shall deny to any
person within its jurisdiction the equal pro-
lection Of the laws. Whoever, by virtue of
public position under State Government,
deprives another of property, life or liberty,
without due process of law, or denies or takes
away the equal protection of the laws, vic.
lates the constitutional inhibition, as he acts
in the name and for the State. Otherwise
the constitutional inhibition has no meaning.
and the State has clothed one of it's agents
with power to amend or evade it. The cons
stitutional amendment was ordained to secure
equal rights to all persons, and, to insure to
all persons the enjoyment OF such rights, pow
er was given to Congress 70 enforce it's pros
visions by appropriate legislation. Such leg
islation must act upon persons--not upon an
| abstract thing denominated State-but up.
on the persons who are agents of the State
in the denial of rights which were intended
to be secured. Such is the act of March 4,
1878, and it is fully authorized BY the con-
stitution. The act Of defendant in selecting
jurors was a ministerial, not a judicial act,
and being charged with the performance of
that duty, although he derived his authority
from the State, the defendant was bound in
the discharge Of his duties to obey the Feder-
al constitution and the laws passed in pursu>
ance thereof
1t is refreshing to hear such Just
and strong words from the court of
final resort in this country. From
this decision there is no appeal. If,
however, Democrats had control of
the entire machinery of the law.
making power of the Government,
they would simply pass an act in
oreasing the number of Justices to
the extent that majority of the
court would be Bourbops of the
Clifford Field stamp. Then the doc
trine laid down 10 the decisions rem.
dered yesterday would be virtually
reversed. H
The only remaining case worthy
of note is one which arose out of an
indictment in the Tennessee State
Court of a Deputy Collector of Rev.
onue, James M. Davis, for the MUIR
der of James B. Hayes of that State,
in the Summer of 1873, Hayes being
o "moonshiner." The killing was in
self.defense by the officer in the dis.
charge of his official duties. Davis
applied for removal of his case to
the Federal Court, and his applica.
ton was granted. The doctrine of
national sovereignty laid down in
this case has the right ring to it, and
we close this article by quoting il,
for it is what Mr.. Greeley would
call "mighty interesting reading !"
The United States, the court holds, ia a
N0'Ssah~As "Ash C4bcuut1R over
the whole territory of the Union, acting upon
the States and people of the State. While
it is limited in number Of its powers, so far
as its sovereignty extends it is supreme. No
State can exclude it from exercising any
authority conferred upon it by the constitu-
ton, obstruct its authorized officers against its
viii, or withhold from it for q moment the
cognizance of any subject which that instru-
ment has committed to it, The general
Government must cease to exist whenever it
loses the power of protecting itself in the
exercise Of its constitutional powers 1t can
act only through its officers and agents, and
they must act with the States. II, when thus
acting and within the scope of their authori.
ty, those officers can be arrested and brought
to trial in State court on an alleged Of
Tense against the law of the State, yet war
ranted by the Federal authority they possess,
and if the general Government is powerless to
interfere at once for their protection, If their
protection must be left to the action of the
State court, the operations of the general
Government may at any time be arrested at
the will of one OF its members No such ele,
| ment of weakness is to be found in the con-
stitution. If case, whether civil or crimi,
| nal opa which he ,,,1;o;of :, ~ :.