River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1883-10-18
A SURPRISING DECISION.
The United States upreme Court Pro
nounces the civil Rights Act
Unconstitutional.

DECISION OF THE SUPREME COURT.
WASHINGTON. DC. ia most important
decision rendered by The supreme cour, of tie
Tn ted States was that in the five cases COM
monty known as the ciyil right cases, W. ich
we're submitted to the court en- printed al gu
ments auout year ago. The titles of these
ca ses and States from which they come are as
follows:
No. /. United States against hurry Stanley
From United STATES circuit court district of Kansas.
No. =. Uuited States against Michael Ryan.
From United States circuit court, district OF Cal
No g. United States against Samuel Nichols
From Uni,ed States circuit court Western district
No, rs. United States against Daniel D. Single
ton From United States circuit court, Southern
district of N YORK.
No. % Richard A. Robinson and Wife against
Tie Memphis IL Charleston Railroad Company.
From United States circuit court, district of Ten
uessee.
These cases were all based on the first and
second sections of the civil rights act of 1870,
and were respectively prosecutions under that
act fer not admitting certain coiored persons
To equal accommodations and privileges III inns
or hotels, i'll railroad cars and III theaters. The
defense set up, IN every case, the alleged un-
constitutional, Of the law. The fist aud sec
ond sect.ous of the act, which were paris di-
rectiy III controversy, are as follows:
Eirst-Au persons WITHIN tue jurisdiction Oh the
United States sal be entitled 10 tne TUT and equal
enjoyment of accommod .tlous, advantages, fare
ana privileges at inns. pubic conyeyances on and
aud water theaters ami other places Of amusement,
subject only conditions aud limitations es az
shed by law, aud applicable allAe to CT 'zens OF
every race aud color, regardless OF any previous
condition of seryltuGe.
sSeco1u-any person who violates the first section
shall be liable 10 for. ell S5uo for each onense, to
be rec9v, red in civil action, aud also to penal
Of from 800 To = 900 fine, or imprisonment from
in U DAYS O II.
ecu ious Exclusive jurisdic l9ns given to IN ois"
rle and circuit OF the United States III Gases
arising uuder the law Inc rights anu
privileges claimed by, and denied 10 cot-
ored people Ia these acts. were tut an equal
accommodations IN hoieis, IN ladies' cars on rat
ROAD ralns. and in aress circles IN theaters. lhe
court, III a long and carefully prepared OPINION
by Justice Bradley, uods:
Flrst-That cuugr had no constitution au-
thurlly to pass tho sections IN question, under
either The Thirteenth Fourteenth amend nent
TO the constll utlon,
Seconu-Ihat ne Fourteenth amendment is pro-
aibitory upon the States Only. and that legislation
enforcing that ndm .ut l. not direct leg isaton
on matter respecting which States
are prohibited from making or enforcing cer-
tain avs ordering certain acts. but IS corrective
Leg station necessary or proper for counter
acting aud redressng the effects OF such law
or laws that in forbdding Saies for exam
pe,to deprive any person of their liberty or proper
without due process of law, and gviag cong ess
power 70 en- orce prohibition il was not ineddet
law for the protection of life, Rberty and properly.
which wou d embrace almost all subjects
of legis atous but to provide modes Of
redress for counteractiug the operation
aud effect OF State laws obnoxious to
prohibition.
Thirl-rhat the thirteenth amendment gives
power to congress TO pass the sections referred
10 because that amendment relates only 70 slavery
aud involuntary servltude whlcn it abolished and
gives congress power TO pass laws TOR Its enforce
meut. That this power only extends TO the SUBJ ct
IN liter of the amendment itself namely slavery
and involuntary servitude and necessary incidents
and consequences those conditions: that II has
hing TO do With different races or color, but
refers TO slavery. Tie legal equality OF different
races, ana CLASSES of citizens being provided for in
tue fourteenth amendment, which prohibits States
from doing anything to Interfere with snch equal-
ity; that it IS no infringement on the thirteenth
amendment to refuse to any person equal accom-
mouatious and privileges In an inn or pacs OF pub
lie entertainment however it may be a VIOLA ioa OF
his legal rights; that il imposes upon HIM no
badge of slavery or lnvo untary serVtude, winch Is
Simply somo sort Of suhj-ctJn OF one person 10
another and incapacty Incidental thereto SUCH as
inability to mold property to make contracts TO DO
parties in court c., and that if the original civil
rights act, which abolished these iGcdpEcles might
be supported by the thirteenth amendment it does
not therefore follow hat the acI Of SO can be
supported By 1t.
Fourth-That this decision affects only the valid
ity OF the law in the atas. and not in the Terrific
ries or District Of Columbia where the legislative
power Of congress is unlimited, and 1t does uot I'M
dertake to decide what congress might or might
foreign naticAs and amongst the sersrai states, tas
law not beiBg drawn with any such pzwef
Ffth-T.1at therefore, it is tire opinion OF the
court that the first AMI second sections If the act OF
March L 1879, entit ed IAN act 10 protect ali cit
z-ns ia their civil and legal rights. unconstiu
tioDal, and judgment should be rendered upon in
die mems accordingly.
At the conc usion OF the reading of Justice
Brsdjey's opinion, which occupied more than
an hour, Justice Harlan said, under ordinary
circumstances and in an ordinary case, he
should he-itate 10 set up his individual opiuion
il opposition to that of his eight colleagues,
but ia view OF what he thought the people OF
this cou try wished to accomplish, what they
tried to accomplish and that they believed they
Aal Acc mpalshed by means Of this legi Ia
i'm, he must express his dissent from tue
op on II the court. He had not had time
yiace hearing that opinion TO prepare state
ment of his grounds If dissent hut he should
prepare and file one as soon as possible, and
in the meantims desired to put upon rec0rI
this expression of his individual Judgment