Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-10-16
IMPORTANT DECISION
Rendered in the United States
Supreme Court.
CONGRESS RULINGS SET ASIDE
And the Famous First and Second Sections
Of the Fourteeth Amendment
are Declared to be Null
and Void.

W ASHINGTON, OctODer 10.-A most lu-
portant decision, rendered by the Supreme
Court of the United States to-day, was that
in FIVE cases commonly known as civil
rights cases, which were submitted to the
court on printed arguments about one
yesrago The titles ofthese cases and States
from which they came are as follows:
No. l. United States sgainst Murray
Stanley, from United States Circuit Court
| district, Kansas.
No. .. United States against Michael
District Of California.
No. 3. United States sgainst Samuel
Nichols, from United States Circuit Court,
| Western District of Missouri.
No 26. United States against Samuel D.
| Singleton, from the United States Circuit
! Court for the Southern District OF New
| York.
No. p. Richsrd A. Robinson and wife
| against Memphis and Charleston Railroad
Company, from the United States Circuit
| Court of the Fourth District OF Iowa.
These Cases Mere AIl Based
on the first and second sections of the civil
rights of October, 1875, and were respec.
uveiy prosecuted under that act tor not
admitting certain cOlOred persons to equal
accommodations snd privileges in inns and
hotels in railroad cars, and in theatres.
/ The defense set up in every case was the
alleged uncOnStituliOnality OF the Law.
The tirst and second sections OF the act
which were the parts directly in contro-
yersy, are as follows:
SIC l. That all persons within the juris.
dicton OF the United States shall be en-
titled to full and equal enjoyment, &C
COmmodatiOns, advantages, facilities and
privileges in inns, public conyeysnces on
land aud water, theatres and other places
OF public amusement, subject only to con-
ditions and limitations established by law
and applicable alike 10 citizens of every
race and color regardless OF any
Previous Condition Of SerVItude.
The second sec ion provides: Any per-
son who violates the first section snail be
liable TO q forfeit Of 800 for each otfeHse,
TO be rendered in civil action, and also to a
Eenalty of from $500 to $1,000, or i'm
Irisoument from thirty days tn a
ear 10 be enforced in criniual
prosecution. Exclusive jurisdiction is
giYen to District and Circuit Courts in the
nited States in cases arising under the
law. The rights and privileges claimed by
and denied to colOred persons in these
cases were full and equal accommodations
in hotels, in ladies' cars on railway trains
| and in the dress circle in theatres
The Court, in long and
carefully prepared opinion by
Justice Bradley Holds,
First, that Congress had no constitu-
tional authority to pass the sections in
question under either the thirteenth or
fourteenth amendments of the constitution.
Second, that the fourteenth amend
hent is prOhibitOry upon States only.
and that legislation authorized to
he adopted by Congress for en-
forcing that amendment Is not direct
legislation, on matters respecting which
states are prohibited from uIaking or en-
forcing certain laws or doing certain acts,
but is corrective legislation necessary or
proper for cOuuleraCtIng and redrsSsing the
effect Of such laws or acts that in forbid
ding states for example, to
Deprive Amy Person Of Life,
| liberty. or property, without due process
! Of law and giving Congress power to en-
/ force prohibition. Il Was not intended to
| give Congress power to provide due process
Z Of law tor protection of life, liberty and
property, which would embrace almost all
| subjects Of legislation, but to provide ways
| OF frsdress for cOunteraGtiOn OF operation and
! fleet of State laws obnoxious to prOhibi-
tlOn. Third: That the Thirteenth amend
meut gives no power 10 Congress IN parts OF
sections referred TO. because that amend
ment relates only 10 slavery and inyOlun-
tary servitude, which il abOlishes and gives
Congress power TO pass laws for its enio:ce-
ment; that
This Power ORly Extend
to the subject matter of the amendment
itself, namely, slavery and involuntary
seryitude and the necessary incidents and
| consequences Of these conditions; that it
| has nothing 10 do with different races or
! cOlOrs, but only refers 10 slavery, the legal
! equality Uf different races aud classes
| of citizens being provided for In tue
/ Fourteenth Amendment, which prohibits
| States from doing anything to interfere
with such equality; that 1t is no Iatrinse-
| mert Of the Thirteenth Amendment to
refuse to any person equal accom- mO1a'
| tiOLs and privileges in an inn, or place OF
| pUOliC entertainment, however it may viO-
| late his les al rights; that it imposes upon
| him
No Badge OF Slavery
| or involuntary seryitude, which imply some
| sort of subjectiOn Of one person to another
| AND inferlOrlty incident tUeIetO, such as in-
| ability to hold property, to make certain
| contracts, 10 be parties in court, etc, and
| that i>Lk4AEiginal civil rights act which
| aboliS.,Sf these inCapscitieS might be sup.
| DOTtPO nY the t0iTIeeulu dncuutueut, u
] does not therefore follow that the act OF 1910
| can be supported by it. Fourth that this
| decision stFects only the validity of the
| lsw in States and not in Territories or the
| District of Columbia, where the legisla.
| tive power of Congress is unlimited, and
| it does not undertake to decide what Con-
gress might OF mis- b: not DO under power
to regulate commerce with foreign nations,
and
Amongst Several states,
the law not being drawn with any such
view.
Five. That, therefore, it is the opinion of
| theCo that the hrst and second sections
Of the act Of Congress OF March l, 1919, en-
titled IAN act tO protect all citizens in
their civil and legal rights, are unconstitu-
tional and void, and judgment should be
rendered upon indictments accordingly
At the conclusion of the reading Of JUS
tice Bradley's opinion, which occupied
more than an hour, Justice Harlan said
under ordinary circumstances and in an
ordinary case he should hesitate TO set up
his individual opinion in opposition. TO
that of his eight colleagues. but IN vie "
that he thought the people of this country
wished 10 Accomplish
what they tried to accomplish aud what
they believed they had accomplished b.
means of this legislation, he must express
his dissent from the opinion OF the court.
He had not had time since heNlng that
opinion to prepare a statement OF the
grounds of his dissent, but he should pre-
pare and file one as soon as possible, and
in the mean time. desired to put upon rec
ord this expression of his individual iudg'
. ment.
NTHE SHADOW OF THE GALLONS,