The Mineral argus., 1883-11-08

tucu \ lahf VI course no one Will eOnt.
the power TO pass Il was contained in the 4
ton before the adoption Of the last thre/
ments. Power is sought first In the n
amendment. The first section, which il thl
led on, after declaring who shall BE- citizeu.
Uaited States aud several STATES, iopraAN
lis character, and prohibitory ur
State action Of a particular chara
hibited. The individual invasion
rights Is not the subject matter Of tn
IL has a deeper and brc ader scoDl ~
and makes void all State leaElati
State action OF every kind which impairs
neges or immunifies OF citizens or the
States, or which Injuries them ia life, no
property, without due process OF law, or W
nies 70 any Of them the equal protection
laws. IL not only does this, but In order |
national will thus declared may not be
brutum fulmen, the last section Of the and
Invests congress with power to enforce Ii
Dropriate legislation. To enforce prOhibi
Appropriate legislation for correctiuI
prohibited by State laws and State acts. a
render them eifeCtually null. void aud ino
this is the legislative power conferred I'M
gress, and this Is the whole Of IT, IL docs |
vest congress With power to legislate upon
which are within the domain Of State leg |
but TO provide modes Of relief against State
lion or State action II the kind referred 10
some State law has been passed, or SOM
action. through its officers or agents, been Ia
verse To the rights of citizens sought 10 |
tected BY the fourteenth amendment no lor
Of the United States under the said amel
uor any proceeding under such legislation /
called into activity BY a prohibitory
ment against state laws and acts done
State authority. Inspection Of the law
question shows that Il applies equally 10 cas-
ing in States, which have just such laws res
the personal rights OF c~itiz3ns, and whose
Ties are now ready TO enforce such laws as
which arise, in a State that may have viola
prohibitions attached. In other words il ~
The domain Of local iurisprudonce aud lar
rules for the conduct Of individuals. in soct
Ward each other, and Imposes sanctions for
TaE ENFORCEMENT OF THOSE RULES
without referring in any manner to any su
action Of the State or its authorities IL IN
alton Is appropriate for enforcing the pro-
amendment, is IL difficult to see where it Is
Why may not congress with an equal "A
authority enact a code Of laws for the enfor
and vindicatiou Of all rights Of life,
and property II IL is not supposabls
States may deprive persons Of life,
and property without due process of law, aul
amendment Itself does 80 suppose, should
gress proceed AZ once to prescribe due pro
law for the protection Of every one Of these
10 every possible case. as well as to Drescribl
privileges in inns, public c0~nveyances and Oh
Judge Bradley refers to the civil rights
April 4, 1866, and shows u Is clearly correc
rs character, intended to cuuntsract and
redress against State laws aud proceedings
toms having the force Of law, which sane I
wrougiu al acts specified. In this connect
adds. 81 Is proper 20 state that civil rights
are guaranteed by the constitution agains
aggression. cannot be impaired by The "
acts Of individuals unsupported by state au
In tho shape Of laws, customs, or judicial OF
tive proceedings The wrongful act Of an %
nal, unsupported b. any such authority, is
a private wrong, or a crime OF that indiviIlN
invasion Of the rights Of the injured part
true. whether they ufect his person. bis pu
or his reputation; but II not sanCtio1l
come WY by the State, or not
under It's authority, bis rights remain In full
aud may personally be sindicated b. resorts
Of the state for redress An individual [
deprive a man Of his right TO vote, % hoid prdN
to buy and sell, 10 sue in the courts, or 20 b.
ness or juror. He NAV, By force. or fraud, /
fere viii the enjoyment 0f rights IN q par
case. He mas commit an assault against a
or commit murder. or use r~ufianly violence
or SANDER the good name Of a fellow citiza1
unless protected in these wrongful acts hv |
shield Of State law or state authority, b.
or tnjure the right He will oniy
himself amenable TO satisfaction OF puuishuaN
amenable, therefore, 20 the laws Of tie Sta
wrongful acts are committed. Ii the princId
Interpretation We have laid down are G rect II
deem them 20 be, % Is clear that The law III Of y
would be sustained by any grant. Legislative 1
or congress, or BY the fourteenth amen .
to adopt direct and primary Is
from corrective legislation on the
10 hand, as SOUGHT IN the second place III
LA $3.50 NA1-.HHAA"NNH MAANA MAAENNANNaNN l.
lshed slavery aud gives congress power 20
The bv appropriate Legislation
as well as the fourteenth, is uu 4
edly selt-execuung, without any auxiliary
lion, 80 far as its term are app tsable 10 any
.ug state OF circumstances By its own
force and effect o. abolished slavery aud
UNIVERSAL FREEDOM l
Still, legislation may be necessary and Dr. Il
admit al tho various cases aud cir-umstauces I
lhected by IL and 10 prescribe proper meas1 /
aAmmam HAm HHa HH.nmHHaA d.. b. o
legislation may be primary and direct in its I
for the amendment Is not a mere prob Il
lf state laws establishing OF unfolding
but an absolute declaration that slavery or iua
seryitude, shall MT exist in any part I
United States. Nov, concediug for he
argument that admission In o public convoy
my place Of public amusement on equa 4
With all other citizens Is the right Of every n
NJ classes OF men, Is Il any more tha-|
II these rights. which the States by the TourN
amendment are forbidden to deny 70 any p
And Is the constitution violated until a denis. 4
light has the SAM States sanction or AUTHORITY Il
he act Of a mere individual owner Of a pub
or Of a Place OF amusement, refus I
'ommodation, be justly regarded as imposil
iadge Of slavery or servitnde upon tho apr 4
b. only as an action for ordinary civil irCN II
properly coguizable by the laws OF the Stat
Presumably subject 10 redress b. their laws
contrary appears2 After giving to these on
NJ the consideration which their impostan
nandHs We are forced 10 the conclusion thai 4
10 act Of refusal has nothing 70 do with II
lr involuntary servitude; that. II h lisa violadI
my right Of the party, his redress Is 70 be
inder the laws Of tho State: or, II those D
diverse to his right aud do not protect b
emcdy viii be found 10 the corrective leglI
which congress has adopted, or may Adolf
'ounteractiuR the effect Of State laws o.
Iciion prohibited by the fourteenth amend
{ would be running slavery argument o.
round % mako Il apply TO every act Of discr
100 which a person may commit
ghom he will entertain a. a guesl
= TO what people he will take
is COACH or cab, or car, OF admit 20 his oond
or deal with in any matters Of
curse or business. Inukeepers and publ
iors, BY the law %: al State, so far as
are bound % extent Of their facilities L
lsh proper accommodation 10 an unobiecfi \
'era0u- Who' tl good faith, apply Tor them.
alter theMselfes AJAX any unjust dIscrimi- 1
% the prohibition o. the four 1
meudmHnt, congress has full power Co al
emedy under that amendment and iu acca
lfh a. Nucu a mao has emsrgel from b.
BY tho AID "a definite legislation has l
n The inseuaTahle cuncomitauts OF hat stale II
.ust he some stage Boo tho progress Of his elt
'heu De- LAKES RANK az a citizen. and whom bis
q o. citizen or mln are 20 BIO protected il the 4
airy modes, by which ether meas ugl
rejected There were thous.lis Of \