The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-10-26
CIVIL RIGHTS CASE.
THE SUPREME couar DECISION.
On the sutJ,e.-rhs s4ia Pdlats ., the osiaien
Of the Coart-Ths astl,atIosllity sr ne
4 Qats,lou Di,eassld-rhk Enssi of the II
Civil Rights Bill shown.

WASHINGTON, D. O., October e5 Follow
ing are the main points Of the decision OF
the Supreme Court in the civil rights case.
After quoting the Gtst two sections OF the
act, Justice Bradley who delivered the
opinion, sayp:
"Has Congress constitutional power to
make such law?p
otcourse no one will contend that the
power to pass 1t was contained in the con-
stitution before the adoption Of the last
three amendments Power is sought first
in the fourteenth amendment, first section,
(which is the one relied on) after declaring
who shall be citiz,ns Of the United States
and the several States is prohibitory in lis
character, and prohibitory upon States. 1t
is State action OF partisan character that Is
prohibited. Individual invasion, indi.
vidual rights is not the subject matter OF
the amendment II has o deeper and
broader scope. 1tnullifiasa and makes void
all State legislation and State action of
every kind which impairs the pri ileges
aud immunitics OF citizens OF the United
States, or which Injuries them in life, lib
erty or property without due process of
law, or which denies TO any OF them the
equal protection ot law. Il not only does
this, but in the order of the national will
thus declared may no. he a mere bruitm
tataea lost.
This section Of the amendment invests
Congress with power 10 enforce II by APP
propriate legislation, TO enforce prohibition,
10 adopt appropriate legislation for correct
ing the effects Of such prohibited State
laws and Snte acts, and thus 10 render
them etfectually null, void and innocdous.
THE POWER OF CONGRESS.
This is the legislative power conferred
upon Congress, and this is the whole Of ii.
Itdoes not invest Congress with the power
to lesislste upon suti cts which are within,
the domain Of State legislation, but to pro.
mote the modes Of relief against State leg
islation or State action of the kind referred
to. Until some State Law has been passed
or some State ac!iou, through it's officers
or agents, has been taken adverse to the
rights OF citizens sought to be pro-
tected by the Fourteenth amendment,
no legislation Of the United States
under the same amendment nor any pre-
ceding, under such egislasi ion can be called
into activity, for the prohibitions OF the
amendment are against the State laws and
acts done under state authority. Inspec-.
ton OF thelaw here in question shows
tina. itappliea equally 10 cases arising IN
the States which have the justest laws re-
sptcting the personal rights Of citizsns, and
whose authorities are ever ready 10 enforce
such laws as 10 those which arise In States
tha. may have violated the prohibition of
the amendment.
WHAT TIE LAW DoEs.
In other words /. steps into the domain
Of local jurisprudence and lays down rules
for the conduct oil individuals in society
towards 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. IL
this legislation is appropriate for enforcing
the prohibition amendment il is difficult
to see where 1t is to- stop. Why
may not Congress With equal show,
OF authority enact asccde OF lawH for
enforcement and -'yindlcation OF all
rights oil life, liberty and property.
lit is not supposeable thatsthe States may
deprive persons Of lie, libetty and proper
| ty without due process OF law, and the
amendment itself does suppose this, why
should not Congress proeeedlnt once to pre-
scribe a due process of Law for the protection
Of every one Of these fundamental rights in
every possible case as well as to prescribe
equal privileges in inns, public convey.
ances and theatres. Jadge Bradley rsfers
to the Civil Rights bill Of April q, 1865,
aud shows It sis clestly corrective in is
character and intended TO counteract and
furnish redress agains. State laws, and pro.
ceedinga and customs having the force Of
law which sanctions the wrongful act
Ispecified.n Tsi. - = + = - -