Daily Los Angeles herald., 1883-10-18


The Supreme Court OF the United
States, on the 18th inst, rendered IN
opinion, through Mr.. Justice Bradley,
which, outside OF certain dissenting opin.
ions of Mr.. Justice Field, has becen the
first really constitutional note delivered
by that tribunal, in seriously contro-
verted question, since Chief Justice Chase
rendered his judgment in the case OF
Bronson v. Rodes. To overcome Just
constitutional views, as advanced by
Chief Justice Chase, the personal con-
stitution Of the Supreme Court was re.
modelled, Justices Strong and Bradley
being added to that body, with the un-
avowed but covert purpose oil reversing
Chase's decision. Take IL for all in all,
1t was the most scandalous episode
known in our judicial history. 1t re.
called certain famous remark of James
III. OF England, when that monarch was
bent upon overturning theunwritten con.
stitution Of his inherited country. Tap.
ping Churchill, afterwards the famous
Duke Of Marlborough, on the shoulder,
james avowod his purpose to compass
his unlawful aim, il, to do so, it were
necessary to add Churchill's whole regi.
ment to the House OF Lords, In view
of the scandalous methods by which Mr..
Justice Bradley obtained his seat upon
the Supreme bench of the United States,
we arc even more surprised than pleased
to see him getting into tho groove OF
constitutional law. While we do not
feel like condoning the infamy of his
original appointment, we are ready to
concode the fact that he is doing work
meet for repentance. A thousand years
OF like work might make man Of him.
Divested of oil legal technicalities, the
decision to which we refer is one which
strips the thirteenth and fourteenth
amendments to the Constitution of the
United States of much that might be
construed by subservient courts into O
malign Significance. In the main, those
amendments have worked great good.
Not even the most enthusiastic advocate
Of slavery, in the old days, would be
willing to resurrect human servitude in
any form. The colored man possesses
his personal freedom and the elective
franchise; and, while many persons may
have had grave doubts as to the wisdom
Of his investiture with the latter, they
have accepted that result of the war in
good faith. But there they halt. As
to all that legislation of Congress which
was designed to bestow, compalsorily,
a social equality with the whites upon
the black man, there are mutitudes Of
the people of the United States who
regarded it rs neither judicious nor con.
stitutional.
That legislation was embraced in acts
of Congress dated in 1874 and 1875.
The statutes under consideration pre-.
tended to inaict penalties upon those
managers of hotels, inns, theatres and
railways, who should presume to make |
any social distinction between the lately |
enfranchised eolored man and his white |
fellow-citizen. This legislation was
based upon constitutional amendments
which simply prohibited the esevoral States
from enacting any discriminating laws
which would prevent the crude and lately |
emaneipated black man, or the black
man of whatever grade or culture, from
orowding into the company of his white
fellowcitizens in the select places of the
theatre or opera, the hotels, inns and
palace cars, etc. The Supreme Court
holds, in effect, that while the States
are prohibited from legislation excluding
such persons from such places, this in no
sense implies that Congress has any |
right to legslate to enforce their admis-
sion. Certainly, never since the forma-
tion of the government, was there ever
rendered a judicial decision more in
consonance with common sense and the
Constitution of the United States, even
as amended, than this. The prohib.
tion OF the Constitution to the States is
one thing. There is not single word
or line in any of the constitutional amend. |
ments which permits Congress to make
any laws in the matter save as cor
rective of special inimical State legisla.
tion, and so the Supreme Court OF the
United States has very properly decided.
As consequence, these pragmatical
statutes fall to the ground and any
hotel or inn keeper, manager of thsater
or opera or railway. and SO on to the end
OF the chapter, is at perfect liberty to
make just such regulations as to him
may seem best as to the proper and
separate accommodations of the white
and black races. AS no special power
has been delegated to Congress to legis.
late on such matters, either by the Con-
stitution or its amendments, the whole
subject comes under that clause of our
national organic law which says that
powers not expressly delegated to the
Congress by that instrument are re-
served to the States respectively or to
the people. As the States are forbidden
to legislate upon the matter in hostile
spirit, and as Congress cannot do il in
a friendly way, it could only be reached
by new amendment to the Constitution,
which would be very unlikely to pass,
ia the present temper of our people.
In rendering its judgment the Su.
preme Court makes the just distinction
that the acts of 1874 and 1875, supposed
to be passed in pursuance of the amend
ments TO the Constitution born of the
war, only apply to the territories and to
ths District of Columbia, as to both of
which Congress has the supreme power
of legislation.
Ths most notable circumstance about
this decision is that it was concurred in
by the whole bench of the Supreme
Court OF the United States, with the
single exception of Mr. Justice Harlan.
His remarks on the occasion were dema- {
gogic to the highest degree. He had !
nothing to say against the Judgment
except, in substance, that it did not ,
agree with certain town meetings held I