Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-10-25

case where the C0nStftIt ION seeks to protect tie
rights of the citizen against diScIfmnitiVe aul
unjust laws OF the state iy ting ~Icn laws.
IL is no. individual of1eDSssS. but anrog3ti0n and
denial of rights. which il denounces. and for which
it clothes the Congress With power 10 provide a
remedy.
THE LAW CANNOT BE SUSTAINED.
II the principles OF Interpretation which We have
laid down are correct, we deem them to la. il is
clear that the law in question cannot be sustained
by any grant OF legislative power made to Congress
by the 1ith amendment
But the powerof Congress to adopt direct md pri-
mary. as distinguished from corrective. legislation
on the subject In hand, Is sought, III the second
place, from
THE THIRTEENTH AMENDMENT
Which abolisheS slavery. This amendment declares
THAT neither slavery, nor involuntary seryfude
except as punishment for crime, whereof the
party shall have been duly convicted. shall exist
Within the United States, or any place subject 20
their Jursdiction;' and it gives Congress power TO
enforce the amendment by appropriate legtsIa ion.
ancillary legislation, SO far as its terms rms
I creumstances a By it's its OWN ss nsaldsa si'y forse
and effect it abolished slavery and established uni
yersal freedom Still, legislation may be necessary
and proper to meet all the various eases and cir
cumstances to be affected by it, and to prescribe
proper modes of redress for its violation in letter
spirit; and such legislation may be primary ana
direct in its character; for the amendment is not
mere prohibition Of state laws establishing up-
holding slavery, but an absolute declaration that
j.
any part OF the United States.
EQUAL RIGHTS.
Now, cOnceding, for the sake OF the argument
that the admission to an inn, public conveyance.
or place Of public amusement, on equal terms
with all other citizens is the right OF every man
and all classes Of men, is it any more than Of
those rights which the states by the Fourteenth
amendment are forbidden to deny to any person?
And is the Constitution violated until the denial Of
the right has some state sanction OF authority?
Can the act OF mere Individual the owner OF the
inn, the public conveyance or place Of amusement,
refusing the accommodation, be Justly regarded as
imposing any badge OF slavery OF servtude upon
the applicant, or only as iniiicting an ordinary
state, and presumably subject to redress by those
laws until the contrary appears?
NOTHING TO DO WITH SLAVERY.
After giving to these questions all the conSidara-
ton which their importance demands, we are forced
to the conclusion that such an act of refusal has
nothing to do with slavery or involuntary servi-
party his redress is to be sought under the laws Of
the state or, II those laws are adverse to his rights
be ooo ao mot 10 tbs R0eet a his s%y
Congress has adopted, or may adopt, for counter
acting the effect Of the state laws state action
prohibited by the 14th amendment. 1t would be
| running the slavery argument into the ground to
make 1T apply to every act OF discrimination which
person may see fit as to the guests he will enter
tain, or as to the people he will take into his coach
or cab. or car, or admit to his concert theae.
deal with In other matters OF intercourse bust
ness.
INN KEEPERS AND PUBLIC CARRIERS
by the law of all the states so far as aware
are bound to the extent of their facilities to fur
nish proper accommodations to all unobiectionable
persons who in good faith apply for them. II the
laws themselves make any unjust discrimination
aInenaDie to the prohibitions Of the 14th amend
ment, Congress has full power to afford remedy
under that amendment and in accordance with it.
WHEN NAN HAS EMERGED FROM SLAVERY,
and by the aid of benecent legislation has shaken
OH the fnseparable concomitants OF that state,
there must be stage in the progress OF his
Vatl0n when he takes the rank Of mere citizens.
ana ceases to be the special faVOrite Of the laws.
ana when his rights as citizen. or man. are to
De protected In the ordinary modes by which other
mems rights are protected. There We're thousands
It1on OF slavery, enjoying all the essential
rights OF life, liberty and property the same as
white citizens; yet no one, at that time thought
that 1t was any invasion Of their personal status
neemen because they were not admitted to all the
privileges enjoyed by white citizens or because
they were subjected to Determinations in the en-
j0yment OF accommodations In inns, public con-
veyanceS and places of amusement. Mere discrim-
nations on account OF race color were not re-
garded as badges OF slavery. If, since that time
the en1oyment OF equal rights in all these respects
has become established by constitutional enact
ment, it is not by force of the 18th amendment,
(Which merely abOlShes slavery, but by force Of
the 14th and 18th amendments.
CONCLUSION.
On the whole we are OF opinion that no co,lnte-
nance or authority for the passage OF the law in
question can be found in either the 18th or 14th
amendment OF the Constitution, and no other
ground OF authority for its passage being sug-
so far as its operation in the several states is con-
cerned.