The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-11-01
WASHINGTON NOTES.
Justice Bradley Opinions on the Civil
Rights Decision.
General Happenings and Doings at The
Nations Capital,
Together with National Notes 10 Brief.

WAsHIseroS. Oct. 25.-rhe secretary o
the navy awarded the contract Tor armoI
Mate for turrets and pilothouse of the
monitor Liantonomah to an English firm
The Inembe of the Corean emoassy who
remained in Washington, including Hong
liz, minister. and Two attaches, cdlieu on
the secretary Of stale and navy To Gay, ana
were received at the navy department. by
Secretary Chandler ana Rear Anmiral
Schufelat. The embassy will return t.
Coca on the United States steamer Tren
ton. now being fitted out at he New York
navy yard for an Asiatic station. Sue VIII
sal in November. Ensign Fouik has be
designated by the president 10 accompany
the embassy TO COrea, and Will remain III
that country for some time.
James +. Rushing, pension attorney al
Trenton, n. mas been suspended by
Secretary Teller aud by request, Commis
sioner Dudley has been restored To prac
tice his ffonsc nsisted IN tne use OF the
words United Pension Agency" as de-
scriptive of his busi iess at Washington
The following are the main points in the
decision of the supreme cOnrt III the clVil
rights cases: After quoting The first TWO sec
tions OF the act, Justice Bradley, VINO de-
livered the opinions, says: Congress mas the
constitutional 20 Her 10 maze sucn law
OF course no one will contend that the
stitution before the adoption o. the last three
amendments. The poSer Is sought first In
the fourteenth amendment, mrs. section,
which is the one relied on atttr declaring
who shall be citizens OF the United States
and the several states, as prohlbltory IN Jus
oh iracter and prohibitory upon the states,
IL is a state action of a particular character
that is prohibited, individual invasion
and individual rights are not the subject
matter of tae amendment; II has deeper
and broader scope Ii utilities and makes
void all state legislation ana state action OF
every kind which impares the privileges
OF citizens, or which ipjures them IN lie
liberty or prosperity. without que process
OF law, or what denies to any
of them. eausl protection by the law.
Tnelas section ot,the amendment invests
congress With the power 10 enforce u Dy
apbrurriate legislation. 10 entorce what!
To adopt appropriate legislation for coun-
teracting the effects OF such prohibited
stale laws and state acts. and thus to rem
der them eheclualy yoio anu az; in,
nocuons. This IS the legislative
power. conferred upon congress
and this is the whole Of it, II does not in
vest congress with the power TO legislate
upon su bjects which are within the domln-
ion OF slate legislation, but TO provide
mode and relief against stare legiSietlOni OF
Ita;e action of the kind referred to, until
6Oulu StdbO low AAno 49,
some state action, has through us oillcers
or-4A: sgeuts been iaken, ao-
verse Ito the rights OF CITIZENS
thought TO be protected oy the fourteenth
amendment. 10 iegisla ion oy the United
States under said aipehdment, nor any
proceediug under such legl4latlon, can De
called into activity for he prOhlbtory
amendments against state laws aud acts
done under state authority. The Inspection
lsx-hsre in question shows that 1t apples
equally in any case arlsiqglH when
have Just laws respecting the pereo-
nal rights OF q. ciliz ms, and whose
aathoriiies are ever ready 10 ENFORCE such
laws, as Ia. those which arse in States that
may have violated the prohibition amend
ment. In other words, IL Steps into the
domain OF local jurisprunence, and lays
down rules for the conduct vi individuals
in society towards each otneI. Withopt re.
ferTing in any manner 10 any supposed
action OF the state or It's authorities IL
thislegislation is appropriate ior enforcing
tha probibitory amendment, 1t is difficult
TO see where 1t is % stop Why may
not congress, with an equal show. exer-
else the au hority to ennct code OF laws
for the enforcement aud vinHication OF all
the rights of life. liberty and prosperity
Hit Is not suppOssble that states may de-
prive persons of life, liberty and prosperity
without due process oflaw, (and the amend
nient ITSELF does suppose thls) why should
not congress proceed at once TO prescribe
due process OF Law for the protection OF
every one. These are Inc fundamental
rights in every possible case, as well as 10
prescribe equal privilege in public convey
ances and theatres.
Judge Bradley refers to the civil right.
bill OF April 4th, 1906, and shows IL is
clearly corrective in its character ana in
tended to counterfeit redress against state
laws and proceedings and customs having
in lorce laws which sanction wrongful acts.
In this connection be adds. II
rights, such as are guaranteed oy
nv the constitution against state aggression
IL cannot BE- impaired by wrongful acts OF
individuals unsupported by state author
ily in the shape OF laws and customs IN 1u-
dicial or executive proceeding
A wrongful act OF an individual IN
supported BY any such authority, Is
simply private wrong OF crime, that IL
individually 40 Invasion Of the rights Of the
injured parry. II is true, where they al
feet his person, or property. or reputation, !
will not sanction in 20 ne way BY the state, |
or when not done under its authority, his |
rights remain in full force aud may |
presumab y be INDICATED BY resort |
10 the laws Of the state. An individual can't |
deprive a man OF bis right to vote, 10 hold /
TO buy or sell, 70 sue In courts OF
TO be witness, or juror; he may BY force
or fraud interfere with electment rights. II
in a particular case he may commit an as
sault against a person. or commit m1rder
or use rufhAn violence a. the
rols: sqs pnls'; act. protected g. the
.tate sn;korsy be cannot destroy
Dr. injure the right. He will only render
himself amenable 20 punishmeDt and
.mensble therefore 10 TIE stste where
Ihe wrong act IVES c3mnittei.
II the principal Interpretations We
have laid dogn are corroof ~ We claim
.hsm 10 b. II isa ues uon thai cannot be
By any grant a ifgislst W power
made 10 c1igress by ihr u / auendment,
but the power II congre-s 10 adopt q di.
rect and primary. - digtin4lltbeo from
legislation. % the snrjrct IN
land. - sought In the rec md piscs from
be 18Th smendmehi Nnich eoolishes
isvery, ard gives conrfees the power 20
'nforoe the emendmerts ~ appropriate
egislsfiOn- ibis amendment, WITCH ~
H. lfh. IL undoub' edy fef eNacuring,
r5fhonf any auriliary i-gislsii0r- - fer Il !
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"A e-fsbIisned un'rertai freedom, still T,
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and 70 pre.crlbe p-upef NOSE - redress 1
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