The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1880-03-25
l.NATlnNg WITHARlH AMg
DECISIONS OF THE
SUPREME COURT.

DGL DLulL AODAls
THE NATIONAL AUTHORITY SU-
PREME.
The U. S. Supreme Court last
week decided several very important
cases, involving the supremacy Of
the .. S. Constitution and laws
over those Of a State, in all matters
of national concern.
The first was from West Virginia,
where a negro named Strauder was
convicted of murder in a State Court.
Before trial be asked for a removal
of the case to the 2. S. Circuit
Court, on the ground that the law
of West Virginia, excluding oolored
men from juries, was virtually a de-
NAL Of his right to the equal pro
lection of the laws. The applioa-
ton was refused. The Supreme
Court now holds, that when a color
ed citizen is tried for his life by q
! Jury from which citizens Of his own
race are by State statute express
Iy excluded, he Is denied the equal
protection Of law guaranteed by the
third clause of the fourteenth amend
ment to the Constitution, and
that a State statute denying him
such right is repugnant to said con
stitutional provision.
The judgment of the Supreme
Court of Appeals of West Virginia
was reversed. Justice Strong de-
livered the opinion, Justice Field
dissenting.
The second case was that Of Judge
J. D. Coles, of Virginia, who was in
dicted in the .. S. District Court
for violating the Civil Rights bill,
by excluding colored men from
| juries. In this case the Court held
that not only can a State not dis
criminate against the colored race,
but that no agency of a State can do
so without suffering the penalties Of
the Civil Rights Bill The practical
effect Of this decision is to render
liable to Indictment and punishment
all persons who by virtue Of public
position under a State GoVerpmen
deprive others Of any right Of per
son or property without process OF
law. The Court held that an officer
acts for a State, and whatever he
does the State is responsible there
for.
This case is especially worthy Of
note, because the State of Virginia
had not by law excluded cOlored
men from acting as jurors, and
therefore had not in this respect
technically violated the Civil Rights
bill, as did West Virginia, in the first
case referred to. In the presen
case the Supreme Court held, that
there are other modes of violating
the rights guaranteed to cOIored citi-
zens under the Civil Rights bill. be-
sides enacting State laws denying
such rights, It can be done by the
act of a judge, or any other State
officer or agent, IN the exercise OF
his official functions, as was done in
this instance by Judge Coles. But
the Supreme Court held, that in Sc
lecting jurors Judge Coles was
bound to obey the Constitution and
La1c8 Oftbe United States, notwith-
standing he was a State officer, and
that be can properly be punished for
violating them.
Another decision was in a case, in
voIving the right of United States
Revenue Officers, where they are in
dicted in a State Court for any act
done by them in the discharge Of
their duty, or under color Of their
Office, or for any act which they
claim was done in such manner, to
remove such State prosecution from
the State to the Federal Courts,
/ there to be tried. This has been a
vexed question in many Of the South.
ern States for years, and in many
cases has brought about a conflict
Of authority between the Federal and
| State Courts.
The Supreme Court decides that
U. States officers have a right, in all
such cases, to be tried by the q. S,
Courts, and that the authority and
jurisdiction of the U. States are
/ paramount and superior to those Of
any State.
The Washington correspondent of
the Cincinnati Commercial says:
The effect of these decisions upon
politics in the South will be quiet
ing, although it Will be very obnox-
iOus to those have tried by every
method that ingenuity could suggest
to prevent the enforcement of the
Civil Rights Bill, and thelprosecution
of moonshine distillers and other
criminals under the Federal stat
utes. These decisions will strength
en- the hands of the Govern
ment in the South, and pre-
vent the use of State Courts for the
protection Of violators of the In
ternal Revenue laws and those who
commit political crimes. In some
parts of the South those who have
been engaged in arresting and prose-
cutting the Ku Kluxand White League
organizations have been arrested
upon trivial charges by State au-
thOriGes and thrown into Jail, to
/ prevent them from performing their
. y l.