The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1883-10-25

In every valley. Strained through a.
udder, that kind Of beer ought to b
harmlessand perfectly acceptable evel
TO te-tOtaller.
CONSTITUTIONAL BI THE
Y. s. SUPREME COURT.
WAsHINoTON, Oct, i5.-The mos
important decision rendered by thi
Supreme Court OF the United State
today was that in the five cases com
monty known as the civil rights case,
which were submitted 10 the court OF
printed arguments about year ago
The Titles % these cases and the State
frOiu which they came are a. follows
No. ]. The United States agains
Murray Stanley, from the United
States Circuit Court for the District OI
Kansas. No 2 The United State,
against Michael Ryan, from the
United States Circuit Court for the
District OF California. No g. ThI
United States against Samuel Nichols
from the United States Circuit COuri
for the Western District Of Missouri
No. 80 The United States against
Samuel ID. Singleton, from the United
States Circuit Court for the Southern
| District OF New York; and No. D
i Richard A. Robinson and wife against
the Memphis and Charleston Railroad
/ Company. from the United States Cir.
cult Court for the Dirtrict Of fen
nessee.
These cases were all based on the
first and second sections OF the civil
rights act Of 1873, and were respec.
| lively prosecutions under that act fOI
not admitting certain eOlored persons
To equal accommodations and privileges
IN fms and hotels; In railroad can
and In theatres.
The DEFENSE SET UP
in every case was the alleged uneon.
stitutiOnality OF the law. The first
and second sections Of the act, which
were the parts directly In controversy,
are as follows:
SECTION /. That all persons within
the Jurisdiction Of the United States
shall be entitled to full and equal en-
/ jOyment Of the accommodations, ad-
vantages, facilities and privileges OF
inns, public cOnveyances on land and
water, theatres and other places of
public amusement, subject only to the
conditions and limitations established
by law, and applicable alike to every
race and color, regardless Of any pre-
viOus condition Of servitude.
The second sections provides that
any person who violates the first sec
ton shall be liable 10 forfeit $500 for
each Oflense, to be recovered In civil
action, and also to q penalty Of from
$500 to 81 900 fine, or Imprisonment
from thirty DAYS to year, to be en-
forced In criminal prosecution. Ex-
elusive Jurisdiction Is given TO district
and circuit courts Of the United States
In the eases arising under the law.
The right and privileges claimed by
aud denied to cOlOred persons en- these
cases we're full and equal accOmmOda-
tiOns In hotels, In ladies' cars on rail-
way trains, and I'm the dress circle in
theatres.
The Court in a long and carefully
prepared
OPINION BY JUSTICE BRADLEY HOLDS,
/. That Congress had no cOnstitu-
tiOnal authority to pass the sections in
question under either the thirteenth or
fourteenth amendments TO the COnsti-
tuition.
,. That the fourteenth amendment
Is prOhibitsry upon States only, and
that the legislation authorized TO be
adopted by Congress for enforcing that
amendment is not direct legislation on
matters respecting which States are
prohibited from making or enforcing
certain laws or doing certain acts, but
Is corrective legislation necessary or
proper for cOunteracting and redress
Ing the effect Of such law or acts that
In fOrbidding the States, for example,
to deprive any person of liberty or
property without due process Of law,
and giving Congress power to enforce
prohibition, il was not intended to
give Congress the power 10 provide
due process Oflaw for the protection of
life, liberty, and property, which
would embrace almost ali the subjects
of legislation, but 10 provide modes Of
redress for cOunteracting the operation
and effect of the State laws obnoxious
tn prohibition.
3. That the thirteenth amendment
gives no power 20 Congress TO pass the
sections referred TO, because that
amendment relates only TO
SLAVERY AND INVOLUNTARY sERvI-
TUDE,
which IL abOlishes, and gives Congress
the power 90 pass laws for it's enforce
ment that this power only extends 10
the subject matter Of the amendment
itself-namely, slavery and invOlun-
tary servitude, and the necessary incl
dents and consequences Of those con-
ditiOns that IL has nothing 10 do with
different races or eOlOrs, but only refers
to slavery, the legal equality OF the
different races and classes Of citizens
being provided for In fourteenth
amendment, which prohibits states
from doing anything TO intefeFe with
such equality; that Il Is no infringe
ment OF the thirteenth amendment 20
refuse to any person equal aecOmmO-
datiOns and privileges in an inn or
place Of public enteTtainment,h however
it may be viOlatiYe Of his legal rights
that Il imposes upon him no badge Of
slavery or involuntary servitude,
which implies some sort Of subsection
OF one person TO another and the inca
pacity incident thereto, such as ina
billy 10 hold property, 10 make con-
tracts, 10 be parties In court, etc. and
that II the original civil rights act
which abolished these ineapacities
might be suppG'ted by the thirteenth
&c does not therefore fol-
low that the act of 1874 can be sup
ported by It.
4 That this decision affects only |
the validity Of the law In the States |
and not ln the Territories or District |
Of Columbia, where the legislative !
power of Congress Is unlimited, and IL /
does not undertake 10 decide what /
Congress might or might not dO,uuder
the power 10 regulate commerce with |
foreign nations and among the several /
states, the law not being drawn with |
any such view.
5. That it Is the opinion Of the
court that the first and second acts Of
Congress Of March ], 1875, enti tied /
AN act 10 protect all citizens In their
slvil and legal rights" are uncOnsti-
utional and void, aud judgment ]
IhOuId be rendered accordingly
JUSTICE HARLAN's OPINION.
At the conclusion OF the reading OF
Judge Bradley's opinion, which oceu-
lied more than an hour, Justiee Har-
an said under ordinary circumstances
md in an ordinary case be should
lesitate TO set up his individual opin-
on ia opposition 10 his eight col
eagues, but IN view Of what he
hOught the people OF this country
Wished to accomplish, what they tried
% accomplish, and what they believed
bgv had accomplished bV means Of