The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1883-11-01

eAo 0Iuyss UUt LICK 0uSD&nO l6O O1ou IL
1875, leaving her In comfortable circum.
ent upon her son and did not believe she
was entitled to pension owing to his
death. Fitzgerald replied that she was
mistaken, and that she should retnrn the
enclosed blanks properly filled, with $40,
and he would get the pension for her. by
advice of q local attorney she wrote to the
commissioner Of pensions.
:ass CIVIL RIGHTS. s w
TIE SUPREME COURTS DECREE
WARRINGTON, Oct 25.-The following are
points of the decision Of the supreme court in
civil rights cases. After quoting the first and
second sections of the act. Justice Bradley. who
delivered the opinion, says:
Has congress the constitutional power to make
such q law? OF course, no one will contend thai
the power to pass it contained in the constltu
ton before the adoption of the last three amend.
ments. Power is sought first in the fourteenth
amendment. The first section, which is the one re-
lied on after dec arng who shall be citizens OF the
United States aud several States, is prohibitory in
its character, and prohibitory upon States: 1t is
State action of particular character that is pro,
hibited. The individual invasion Of individual
rights is not the subject matter of the amendment
and makes void all State legislation and
State action of every kind which impairs the priv.
tleges or immunities of citizens of the United
States. or which Injuries them in life. liberty or
property, without due process of law, which de-
MES to any of them the equal protection OF the
laws. 1t not only does this but in order that the
national will thus, declared may not be mere
brutum fulmen. the last section of the amendment
invests congress with power to enforce it by ap-
propriate legislation. To enforce prohibition by
appropriate legislation for correcting acts acts
render them eftectualy null, void and inocuous-
this is the legislative power conferred upon con-
gress, and this is the whole of it. It does not in
but to provide modes of relief against State legsla
ton or State action Of the kind referred to. Until
some State law has been passed, or some State
action through its officers or agents. been taken ad-
verse to the rights of citizens sought to be pro-
tected by the fourteenth amendment no legislation
Of the United States under tho said amendment
called into activity by a prohibitory amend
ment against State laws and acts done under
State authority. Inspection Of the law here in
question shows that it applies equally to cases aris
Ing in States which have just such laws respecting
the personal rights of citizens, and whose author-
lies are now ready to enforce such laws as to those
prohibitions attacns. In other words it steps into
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
without referring in any manner to any supposed
action of the State or its authorities If this legis
ation ia appropriate for enforcing the prohibition
amendment, is it difficult to see where it is to stop2
Why may not congress with an equal show of
authority enact code of laws for the enforcement
aud vindication OF all rights of life. liberty
and property? II 1t is not supposable that
and property without due process Of law, and il the
amendment itself does so suppose. should not con-
gress proceed at once to prescribe due process OF
in every possible case we'll as to prescribe equal
privileges in inns public conveyances and theaters2
Judge Bradley refers to the civil rights bill OF
April f. 1866, and shows it is clearly corrective in
its character, intended to counteract and furnish
redress against State laws and proceedings and
toms having the force Of law, which sanction the
wrongful acts specified: In TINS coane t ne
are guaranteed by the constitution against State
aggression. cannot be impaired by the wrongful
acts of individuals unsupported by State authority
tive proceedings. The wrongful act Of an individ-
ual, unsupported by any such authority, is simply
private wrong. or crime Of that lndivldual-an
invasion Of the rights OF the injured party. it is
or bis reputation: but If not sanctioned in
come way by the State, or not done
under its authority his rights remain in full force
and may personally be indicated by resorts to the
laws Of the State for redress An individual cannot
deprive man of his right to VOTE to hold property
to buy and SELL to in the courts, or to be wit
ness or juror He may. by force; or fraud inter
case. He may commit an assault against person
or commit murder. or use ruftianly violence at him
or SANDER the good name of fellow citizen; but
unless protected in these wrongful acts by some
shield of State law or State authority, be cannot
destroy or injure the right He will only rende,
himself amenable to satisfaction or punishment and
amenabe, therefore, to the laws of the State where
wrongful acts are committed If the principles OF
Interpretation We have laid down are correct. We
deem them to be- it is clear that the law in question
or congress. or by the fourteenth amendment:
but to adopt direct and primary is distin-
Ruished 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 we'll as the fourteenth, is undoubt
eddy SELF executing. without any auxiliary legisla
ton. so far its terms applicable to any exist
ing state OF circumstances. By its own unadet
force aud effect it abolished slavery and
ESTABLISHED UNIVERSAL FREEDOM.
Still, legislation may be necessary and proper Il
admit all the various cases and circumstances to bt
affected by 1t and to prescribe proper measures
redress for it's violation in letter or spirit and sucl
legislation may be primary and direct in its charac
ter, for the amendment is not mere prohibition
of State laws establishing or unfolding slavery
but an absolute declaration that slavery invoun
tary seryitude, shall not exist in any part Of tn
United States. Now, conceding for the sake O
argument that admission in public conveyance tt
any place of public amusement, on equal term
OF these rights which the States BY the Fourteenth
amendment are forbidden to deny to any person
And is the constitution violated untila denial of tn
right has the same States sanction authority? Ca
the act of mere individual owner of public con
veyance or of place of amusement, refusing &C
commodation. be justly regarded as imposing an.
badge of slavery or servtude. upon the applicant
or only as an action for ordinary civil inquiry i
properly cogniZable by the laws of the States AM
presumably subject to redress by their laws till tn
all the consideration which their importance de
mands, We are forced to the conclusion that suc
an act of refusal has nothing TO do with SLAYER
or involuntary servitude: that if it is violation
any right of the party, his redress is to be sough
under the laws of the State; or. if those laws
adverse to his right and do not protect him. hi
remedy will be found in the corrective Legislation
counteracting the effect Of State laws or Stat
action prohibited by the fourteenth amendment
It would be running slavery argument into tn
ton which person may commit as t.
whom he will entertain as guest. o
as to what people he will take int
his coach. or cab or car, or admit to his concert
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 We arr
aware. bound to extent of their facilities to fur
nish proper accommodation to all unobJectlonable
persons who, in good faith, apply for them. If the
latter themselves make any unjust Discrimination
amenable to the prohibition of the fourteenth
amendment. congress has full power to afford I
remedy under that amendment and in accordance
with it. When man has emerged from slavery,
and by the aid Of definite legislation has shaken
off the inseparabe concomitants of that state, there
must be stage in the progress of his elevation
when he takes rank citizen, and when his right
as citizen man are to be protected in the ordi
nary modes, by which other mems rights arr
po%d on There s Ses Of fire.
abolition Of slavery, enjoying all the essentia
rights of life, liberty and property, the same a
white citizens: Yet no one at that time thought
was any invasion of their personal status as free
men because they were rot admitted to all tn
privileges enjoyed by white citizens; or becaus,
they were subjected to determinations in the en-
joyment of accommodations of inns. public con-
veyances and places of amusement These discrim-
inations on account of race or color, were not re-
enjoyment Of equal rights in all these respects ha
become established by constitutional enactment, il
Is not by force of the thirteenth amendment
which merely abolished slavery, but by the force o.
the fourteenth and fifteenth amendments. On thu
whole, we are of the opinion that no countenanct
of authority for the passage of the law can be fount
In either the thirteenth or fourteenth amendmen
to the constitutions: and other ground of author
tty for its passage being suggested, 1t must neces
sary be declared void, at least so far as it, opera
lions in the several States is concerned.
Suspension of WORK on the Canad:
Pacific
The surprising report gcomes from Win
nipeg that the Canada Pacific has suspend
ed work for two years, aad that the work
men have left. At this late hour. when tn
track has been laid far up the Bow rive
pass, to within thirty-fve miles or so of tn
summit, it has been discovered that after al
it may be impossible to cross vi,
HI o1x,M %ofp 4