Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1883-10-26
A SURPRISING DECISION,
The United States supreme Court Pro.
nounces the Civil Rights Act
Unconstitutional.
DECISION OF THE SUPREME COURT.

DEClSlCN OF Ike SUPREME COURT.
WASHINGTON, Oct. ia most important
decision rendered by the supreme cour. of tie
United States was that in the hive cases COM
monly known as the civil right cases. which
were submitted to the court on printed argu-
ments about year ago. Tho titles Of these
cases and States from which they come are as
follows:
No !. United States against hurry Stanley
From United States circuit court district OF Kansas
No. 2 United States against Michael Ryan
From United States circuit court. district Of CALI
forna.
No. s. United States against Samuel Nichols.
From United States circuit court, Western district
No rs United States against Daniel ID. Single.
ton. From United States circuit court, Southern
district Of New York.
No. 2S Richard a. Robinson and Wife asains,
The 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 tie civil rights act Of / 1875,
and were respectively prosecutions under that
act for not admitting certain cOlOred persons
TO equal accommodations and privileges in inns
or hotels, in railroad cars and in theaters. The
defense set up, in every case, the alleged un-
coustitutionali1y Of the law. The first aud sec
ond sections of the act, which were parss Gil
rect!y I'D controversy, are a. follows:
First-All persona within the jurisdiction OF the
United States shall lie entitled to The ful and equal
enjoyment Of accommodations, advantages, fare
ana privileges at inns. public conveyances on land
aid water, theaters and other places OF amusement,
subject only to conditions and limitations esau-
lished by law, aud apu:icabe aIlhe to citizens of
every and color. regardless OF any previous
condition of servituGe.
Secondary psrsou who violates the 6rst section
shall be liable to forfeit $500 for each ofeuse, to
DO recovered in civil action, and also to pouaty
n fPNr 10 ON
thirty days to year, to be enforced in crnlna!
ecuons Exclusive jurisdiction is given to the dis
s and Sne! }s dT hs rSs
privileges claimed by, and denied TO col
oreu people ia these acts, were tu!l and equal
accommodations in hotels III ladies' cars On rail-
road trains, and in dress circles tLeaters. The
court, in a long and carefully prepared opinion
by Justice Bradley, holds:
Filst-That congress had no constitutional au-
thorily to pass the sections in question. under
either the Thirteenth or Fourteenth amendment
to the constitution.
Secocl-That the Fourteenth amendment is pro-
o1bitory upon the States orly, and that legislation
referred to therein b. adopted by congress for
enforcing that amendment j. no. direct leg islation
on a matter respecting which States
are prohibited from making or enfor chg Ger
tain aws ordering certain acts, but is corrective.
Legislation necessary Or proper for counter
acting and redressing the effects OF such law
or laws that in forbidding States, for exam
Dleto deprive any person of Jheir liberty proper
without due process of law. and giving congress
power to enforce prohibition. II was not intende!
to give congress power to provide dus process of
which would embrace almost all subjects
of legislation but to provide modes Of
and sed Tor the
Thrl-That tho thirteenth amendment gives
power to congress to pass the sections referred
to because that amendment relates only to slavery
and involuntary servtude which it abolished and
gives congress power to laws for its enforce
men.. That this power ouly extends TO the subject
matter of the amendment itself namely, slavery
and involuntary servitude and necessary incidents
and consequences those conditions: that it has
nothing to do With different races or color, but
refers to slavery The legal equality of different
races, aud classes of citizens being provided for in
the fourteenth amendment, which prohibits States
from doing anything to interfere with suca equal
ity; that ii is no infringement on the thirteenth
amend ment to refuse to any person equal accom-
modations aud privileges il an inn or place OF pub-
lie entertainment however it may be violation Of
his legal rights; that it imposes upon him 70
badge OF slavery nvo untary seryitude, wu oh is
simply some sort Of subjecton of one person TO
another and iucapacity Incidental thereto, such
inability to held property. to make contracts 10 be
rights act. which abolished these incapacites, might
be supported by the thirteenth amendment, it does
not therefore. follow That the &C; Of o75 can be
supported BY it.
Fourth-That this decision affects only tbs valid
ity OF the law in the Sates anu not in the Tevrto
yes or District of Columbia, whore tho legislative
power OF congress is unlimited, and it does not
dertake to decide what congress might might
not DO under the power to regulate commerce with
foreign nations aud amongst the several States,
law not being drawn with any such power.
Fitth-That therefore, it is the opinion OF the
court that the first and second sections Of the act OF
March l. 1875. entitled IAN act protect ali ciI-
zsns in their civil and legal rights" unccnstu-
tlenal, and judgment should he rendered upon in
dlctments accordingly
At the conclusion Of the reading OF Justice
Bradley's opinion, which occupied more than
an hour, Justice Harlan said, under ordinary
circumstances and in an ordinary case, he
should hesitate to set up his individual opinion
in opposition to that of his eight colleagues,
but in view Of what he thought The people Of
this country wished to accomplish, what they
tried to accomplish and that they believed they
had accomplished by means Of this legi:la-
ion, ho must express his dissent from tbs
opinion Of the court He had not had tiale
since hearing that opinion 10 prepare state
ment OF his grounds Of dissent, but he should
prepare and file one as soon as possible, and
in the meantime desired to put upon record
this expression of his individual judgment