Little Falls transcript., 1883-10-19
"A SURPRISING DECISION.
The United states upreme Court Pro
nounces the Z ivil Rights Act id.
! Unconstitutional. =
DECISION or THE supaEME COURT.

DECISION OF THE SuE6EhAtS OcSEI.
WASHINGTON. Oc., 15.--A moss important
decslun rendered by the supreme cour. Of tue
Un ted States was that III the tivs cases COM
snunly known 10 the c.v'i right cases. w.ich
were submitted to tbs court on printed a,gl-
meu,s aaout . year ago. Inc titles Of thuss
ca ,es and s.ntzs from which they come are as
10 lew: -:
No !. United s,ates against Murry Stanley.
From Uu States circuit court, district OF ksusas
NJ. 2. United States AGAINST a.lchael II, IAN.
From Ualted statea circuit court. district ct Can-
NJ. 3, United States against Samuel Nichols.
Fom Uni.-d States circuit court, Western district
NJ. 26. United States against Daniel D. Single.
ton. From Unlt~d States c'ruuis court, Southern
ais,ricr ur n YORK.
No. 20. Richarl A. Robinson and Wife against
Tie M, mplis u Charleston Railroad Company.
Uuited States circuit courl. dls.rcr of Ten-
1-sses.
lnese cases were all based on the frst ami
second sections of tie civll rights act Of 1873,
aud were resp ctsvely Prosecution, unler chat
act for no. admitting certain coiored person
~ equal accommodations and privileges n inns
OF hotel-, ia railroad cars aud III theaiers. The
defense set up, IN eye.y Case, the alleged un-
c,pst.utionan y uf the law. The first Aud Sec
ond sect.ous OF the act, whicn were parts d.-
rectly N controversy, are as follows:
United States ei,al be entitled tull anu
enjoyment of accummou tious. advantages. tare
an, privileges at mus. public conyeyances on and
aud wafer tLea.ers anu olner places VI amusement.
"a ,iect only 10 couuiuons and limitation
iishsd by law. and applicable allAe to CT 'zens OF
every aud color. regardless Of any prsvious
condition OF seryituGe.
Secuuu-Any u.rsou who violates the flrst section
shall DO liable 10 for.el $5uo Tor each uffense. to
be recuv red in civil actlun, and also to penal
OF from 500 to 81. 400 hue, or imprisonment from
tiayS to bt EMU Qai
ExcIaslv- jurisdo lnn Is glveu TO the dis
trc, and circuit c"urs OF the United States III Cases
p,,y,leses claimed By. and denied 10 col
ored people In shese acts. were tu.l AMI equal
accommodations in hotels, in ladies' cars On rail-
road lrains~ aud in uress crcus IN theaters The
court, iu a long and Carefully prepared opinion
by Justice Bradley. hoids:
FIrst--Ihat coLgr had no constitution | su-
tuurlly to pass the sections IN question. under
either the 1h,r,eeut OF Fourteenth amendment
70 the cuustl ulion.
Secouu--Ihat ne Fourteenth amendment is pro-
hb.ory upon the States oriy, and that legislation
referred To therein to b. adopted by congress for
enforcing that am us mt l. no. dlrec leg slation
On s.,. a mater respeeiue which States
tain Jaws ordering certain acs, but is corrective
acting and redress,ng the effects OF such law
or lava that in forbdding States, for exam
piesto deprive any person Of their liberty proper
without due process of law, and giving ccugre>s
power to enforce prohibition. il Was not intendei
law for the projection of life, liberty. aud properly.
which woud embrace almost all subjects
OF Of, LEG legislation but to . provide modes Of
aDd effect Of STATE laws % ebno9Ious 9s't to
prohibition.
Thirl-That the thirteenth amendment gives
no power to congress pass the sections referred
TO because that amendment relates only to slavery
and Involuntary servitude which it abolished anu
gives congress power TO BASS laws tor its enforce
menc That this power only extends the subj ct
matter Of the amendment itself namely, slavery
ana Involuntary seryi,ude and necessary incidents
and consequences those conditions: that it has
nothing to DO With different races or color, but
refers to slavery. The legal equality of different
races, and cssvs of citizns beng provided for in
tie Fourteenth amend men' which prohibits States
from doing anything to interfere with such equal
1ty; that it ls no infringement on the u.irteanth
amendment to refuse SO any person equal accom-
mocatons aud privileges in an inn or p!ace OF pub
lie entertainment however it may be viola ion of
his legal rights; that 1t imposes upon him
badge OF slavery or invo untary servtude, which is
simply some sort Of sut'jeoton OF one person to
another and incapacty Incidental thsreto, such as
Inability to hold property, to make contracts, to be
parties in court, and that If the original civil
rights act, which abolished these incapacites might
be supported oy the thirteenth amendment, it does
not therefore follow hat The act Of 1873 can be
supported by IT,
Fourth--Ihat this decision affects only the valid
ty OF the law iu the States. anc not in the Terrific
res or Districs of Columbia, where the Legislative
power of congress Is unlimited, aud it does
dertake to decide what congress might might
not do under the power to regulate commerce with
foreign Eatous and amongst the several States, t4a
law not being drawn with any such power.
Ftth-Fhat. therefore, it is the opinion of the
that the first and second sections Of .be
March ]. 1873. entitled IAN act protect all citi
zrn> in their civil and legal rights. nconstitu-
tiona. aud judgment should be rendered upon in
die nents accordingly.
At tho conclusion OF the reading Of Justice
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 view Of what he thought the people of
| this country wished to accomplish, what they
tried to accomplish and that they believed they
| had accomplished by meaus Of this legi Ia
[ lion, he must express his dissent from the
op MON OF the COURT He had not had time
| since hearing that opinion TO prepare a state
| mont Of bis grounds of dissent but he should
prepare and file one as soon as possible, and
in tho meantime desired to put upon record
| this expression of his individual Judgment