The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1883-11-01
C1VIt, RIGHTS:

civil RIGHTS:
THE SUPREME COURTS DECREE.
WASHINGTON, Oct 25.-The following 1re
civil rights cases After quoting the first and
delivered the opinion. says:
Has congress the constitutional power to make
such law? OF course. no one viii contend thai
the power to pass was contained In the constitu.
ton before the adoption of the last three amend.
ments: Power il sought first in the fourteenth
amendment. Tho fret section, which 10 the one re.
Lied on. after declaring who shall be citizens of the
United States aud several States IS prohibitory il
its character, aud prohibitory upon Statea Iii
hthited: The Individual invasion OF individual
rights Is not tho subject matter Of the amendment.
It has : deeper and broader scope. It nuline.
State action of every Kind which ipairs the priv :
ileges Or ithmuni.jes 81 citizens jGf the United
States. Or which Injuries them IN lilo. liberty o,
property, without due process OF law OF which de-
laws It not only does this, but In order that the
national will thus declared may not be . mere
brutum fulmen, the last section Of tho amendment
propriats legislation. To enforce prohibition BY
prohibited by State laws and State acts. and thus
this is the legislative power conferred upon coz.
gross, and this Is tho whole Of it, 1t does not u-
vest congress with power to legislate upon subjects
which are within the domain Of State legislation.
but to provide modes Of relief against State legsia
ou or State action OF the kind referred to. Until
some State law has been passed, some State
action through its officers or agents. been taken adj
verse to the rights of cisiaens sought to be pro.
tected by the fourteenth amendment no legislation
Of the United States undsr the said amendment
nor any. proceeding under such legislation can be
ment against State laws and acts done under
State authority. Inspection OF the law here in
question shows that 1t applies equally to cases aris
ing in States which have just such laws respecting
the personal rights of citiz MS aud whose authori
ties are now ready to enforce such laws to those
which arise, in State that may have violated the
the domain of local jurisprudence and lays down
rules for the conduct of individuals in society to.
ward each other. and imposes sanctions for
THE ENFORCEMENT OF THOSE RULES
action of the State or its authorities If this leeis
latiou is appropriate for enforcing the prohibitjon
amendment, is it difficult to see whore it is to stop?
authority enact code Of laws Tor the enforcement
and vindcatiou Of all rights OF life. liberty
and property? II it is not suppcsable that
and property without due process of law aud if the
amendment Itself does so suppose, should not con.
Eress proceed at once to prescribe due process Of
law for the protection Of every of these rights
In every possible case, we'll to prescribe equal
privileges in inns public convey and theaers2
Judge Bradley refers to the civil rights bill of
April t. 1866. and shows it is clearly corrective in
Its character, intended to counteraot and furnish
redress against State laws and proceedings ard cusi
toms having the force Of law, which sanction the
wrongful acts specified. In this connection" he
adds st is proper to state that civil rights such az
are guaranteed by the constitution agains: State
aggression. cannot be impaired by the wrongful
acts of individuals unsupported by State authority
in the shape of laws; customs, or judicial or execu-
tive proceedings The wrongful act Of an ndivid-
ual. unsupported By any such authority. is simply
private wrong, or crime Of that indivldaal-an
invasion of the rights of tho injured party, it Is
true. whether they affect his person. his property
under its authority, his rights remain in full force
and may personally be vindicated by resorts to the
laws Of the State for redress An individual cannot
deprive man of his right 10 vote. to hold property,
to buy and SELL to sue in the courts. or to be- Wit
ness or juror. He may, by force or fraud, inter-
fore with the enjoyment OF rights in a particular
case. He may commit an assault against a person
or commit murder. or use rufianly violencs at him.
OF SANDER tie good name of fellow citizen; but
unless protected In these wrongful acts by some
shield of State law or State authority, he cannot
destroy or njure the right He will only render
himself amenable to satisfaction or punishment and
wrongful acts are committed If the principles OF
Interpretation We have laid down are correct. as We
deem them to be- it is clear that the law in question
would be sustained by any grant. legislative power
or congress, or by the fourteenth amendment:
but to adopt direct and primary is distin-
gushed from corrective legislation on the subject
in hand. as sought in the second place from The
thirteenth amendment, which amendment abol-
ished slavery and gives congress power to enforce
the amendment by appropriate legislation. This
amendment. as well as the fourteenth, is undoubt.
eddy selt-executing. without any auxiliary egisa-
ton, so far as its terms are applicable to any exist.
log state of circumstances. By its own unaided
force and effect it abolished slavery and
ESTABLISHED UNIVERSAL FREEDOM.
Still. legislation may be necessary and proper to
admit all the various cases and circumstances 10 he
affected by it and to prescribe proper measures OF
redress for its violation in letter spirit, and such
legislation may be primary and direct in its charac-
ter. for the amendment is not a mere prohibition
of State laws establishing or unfolding slavery,
but an absolute declaration that slavery involun
United States. Now. conceding for the sake Of
argument that admission in public conveyance to
any place of public amusement, on equal terms
with all other citizens is the right Of every and
all classes of mon, is it any more than one
Of these rights. which the States by the Fourteenth
amendment are forbidden to deny to any person?
And is the constitution violated until denial Of the
right has the same States sanction or authority? Can
the act of mere individual owner of public con-
veyance, or Of a ace Of amusement, refusing ac-
commodation. be justly regarded as imposing any
badge OF slavery or servitude upon tho applicant.
only as an action for ordinary civil inquiry it
properly cognzable by the laws Of the States and
presumably subject to redress by their laws till the
contrary appears? After giving to these questions
all the consideration which their importance de-
mands, We are forced to the conclusion that such,
an act of refusal has nothing 70 do with slavery
tnat. II VOL alton
any right of the party, his redress is to be sought
under the lave of the State: Or if those laws are
adverse to his right aud do not protect him, his
remedy will be found in the corrective legislation
which congress has adopted, may adopt. for
counteracting the effect Of State laws or State
action prohibited by the fourteenth amendment
1t would be running slavery argument into the
ground to make it apply to every act of discrimna
ton which person may commit as to
whom he will entertain as guest. OF
as to what people he will take into
his COACH or cab. or car or admit to his concert or
theater. or deal with in any matters of inter-
course or business. Innkeepers and public car
riers by the law OF all States. SO far as we are
aware are bound to extent of their facilities to fur
nish proper accommodation to all unobjectionabie
persons who in good faith, apply for them. IT the
latter themselves make any unjust dlscr mnatlon,
amenable to the prohibition OF the fourteenth
amendment. congress has full power TO afford a
remedy under that amendment and in accordance
with it. When a man has emerged from slavery.
and by the aid of definite legislation has shaken
off the nscparable concomtants of that state there
must be some stage in the progress of his elevation
when he takes rank as citizen, and when his rights
citizen or man to be protected in the ordi-
nary modes. by which ether mems rights are
colored people in this country before the
abolition Of slavery, enjoying all the essential
rights Of life liberty and property the same as
white citizens Yet no one at that time thought 1t
was any invasion of their personal status as free
men because they were rot admitted to all the
privileges enjoyed by white citizens; or because
Lu6y were SuuJeCleO 10 DETERMINATIONS IN tue Gu.
joyment of accommodations of inns. public con-
veyances and places of amusement These discrim-
nations on account of race color. were not re-
garded badge Of slavery. If since that time the
enjoyment Of equal rights in all these respects has
become established by constitutional Enactment. it
is not by force of the thirteenth amendment,
which merely abolished slavery. but by the force of
the fourteenth and fifteenth amendments. On the
whole. We of tho opinion that no countenance
of authority for the passage of the law be found
in either the thirteenth or fourteenth amendment
to the constitution: and no other ground of au,hor
ity for its passage being suggested. it mast neces
sary be declared void, at least SO far it, opera
tons in the several States is concerned.
Vast Accumulat ton or Cash in the
Treasury.
Washington, Special: The cash in the
treasury continues to pile up beyond all ex.
pectation, for the two fold reason that the
receipts have not fallen off to the extent an
ticipatad, and the pension office seems 10
DO in a state of blockade, owing to the fail
ure, it is alleged, of claimants for arrears
Ia sending in additional evidence called for
in their respective cases, Commissioner
Dudley has not called for anything this
month, nor will he do so; and although he
thought a month ago he v0ul1 need mt