Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-10-16

Declared Unconstitutional By
the Supreme COu't.

The following Is a synopsis Of the opin-
ion delivered by the Supreme Court, yes
terday:
The rights and privileges claimed by
and denied 10 colored persons in these
cases were fall and equal accommodations
in hotels, in ladies cars on railway trains,
and IN dress circles IN thcaters. The court
in long and carefully prepared opinion
ty Justice Bradley holds; |. That con-
gress had no constitutional authority 10
pass the sections in question under the
18th or 18th amendment Of the cOnst tu-
ton. 2. That the l4th amendment is pro-
hibit ny in States only, and that the legis-
lation authorized 10 be adopted by con-
gress for enforcing that amendment is
not direct legislation on matters re-
spectng which States are prohibited
from making or enforcing certain laws
ordaining certain acts, Tut is cOrrec-
tive legislation necessary or proper for
counteracting and red essing effects
which law or acts that in iorbidding
States, for example, TO deprive any person
Of lie, liberty or property without due
process of law, and giving Congress power
TO enforce prohibition. II was not intend
ed 10 give Congress power TO provide due
process of law for the protection Of life
liberty and property, which would EN-.
barrass almost all subjects of legislation,
but to provide mode, Of redress for coun-
teracting the operation and effect of State
laws obnoxious 10 prohibition void: that
the Thirteenth amendment give no power
TO Congress 10 pass the sections referred
TO, because that amendment relates only
to slaveowners and invo untary servituie,
which II abolishes, and gives Congress
power TO pass laws for lis enfjrcement;that
this power only extends 10 the subject
matterof the amendment itself, namely,
slavery and inyolunt ry servitude and the
necessary incidents and consequences Of
these condition.; that 1t has nothing 10 do
with the different races of colors but only
refers to slavery, the legal equality Of the
different races and classes of citizens being
provided for by the l4th amendment,
which prohibits the State from doing any
thing to interfere with S ich equality; that
tits not an hiring mont Ofthe 18th amend
ment to refuse to any person quail accom-
modations or privileges in an Inn or pub
lie en- ertainment, however, it may be vi
olative Of his legal rights that it imposes
upon him no badge of slavery or invoun.
tary servltude, which imf ies some sub
lection Of one person to another, and
incapacty incident thereto such as inabil
ity to hold property, 10 make contracts, TO
be parties in Gu I. etc, and
that if the original civil rights act
which abolished these incapacities
might be supported by the 18th
amendment it does not therefore follow
that the act Of 1877 can be supported by
IT, 4 That this decision affords on y va
idity of the law in States and not in
Territories or the District of Columbia,
where he legislative power of Congress is
unlimited, Hnd 1t does not undertake TO
decide what Congress might or might not
do under power to regulate commerce
with foreign nations and amongst the sew
eral ST $, the law not being drawn with
any such view. g. That, therefore, it is
the opinion Of the Court that the first and
second sections OF the act of Congress Of
March |, 1877, entitled an act TO protect all
citizens ia their civil and legal rights are
Unconstitutional and void, and judgment
should be rendered upon dictments ac-
oOrdinOlv