The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-10-17
UNCONSTITUTIONAL.
The Much-Vaunted Civil Rights
Bill Declared Void.
Mysterious Disappearance without
Any Crooked Transactions.
A Loophose in the Chinese Treaty
Through Which the Celestials
Creep Into San Francisco.
CIVIL RIGHTS.

BBeOn stitutioDaI and Void-So says the
Uni4ed States suprerse Court.
WASHINGTON, Oct l5.-The mOst important
decision rendered by the Supreme Court of
the United States to-day was that in the five
eases commonly known rs the civil rights
cases, which were submitted TO the Court on
printed Arguments about year ago. The
titles OF these cases and the States from which
they came are as follows; No. l, the United
States against Murray Stanley, from the Uni
ted States Circuit Court for the District U.
Kansas; No. >, the United States against
Michael Ryan. from the United States Circuit
ronrt for tie District Oi California; No. 3 the
United States against Samuel Nicholas from
the United States Circnit Court for the West
eTn District OF Missouri; No. % the United
States against Samuel d. Singleton, from the
United States Circuit Court for the Southern
District Of New York, and No. 2S, Richard
Robinson and wife against the Memphis and
Charleston Railroad Company, from the Uni
ted States Circuit Court for the District OF
Tennessee. These eases were all based on the
fst and ID Sections OF the civil Rights Act OF
1873, and were respectively prosecutions
under that act for not admitting certain col
s0reC persons 10 equal accommodations ana
privileges IN inns or hotels, in railroad cars
and in TbeateTs.
The defense set up in every ease was the
alleged uDcODstitn tionaliIy 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 iu-
risdietion OF the United States shall be enti-
lied TO full and equal enjoyment of accom-
modations advantages, facilities and priv-
ieces OF inns. public conveyances on land
and water. Theaters and other places OF pub
lie amusement, subject only 10 conditions
and limitations established by law and appli-
cable alike to citizens of every race and
color, regardless of any previous condition
Ol seFVitude
The second section provides that any per-
son who violates the first section shall De liza
bic 10 forfeit 500 for each oilense, 10 be re-
covered in civil action; and also to a penalty
from $500 TO 81 600 fine or Imprisonment OF
thirty days 10 year, To be enforced in Grim
inal prosecution Exclusive jurisdiction is
given to the District and Circuit Courts OF
the United States in cases arising under the
law
The rights and privileges claimed by and
denied TO colOred persons in these eases were
full and equal accommodations in hotels, in
ladies cars OH railway trains, and in dress cir
cles in Tbeaters. The Court, in long and
carefully prepared opinion by Justice Brady
holds: % That the Congress had no Consti-
tuOonal authority TO pass the sections in
question under the thirteenth or fourteenth
amendment of the Constitution; (2) that
the fourteenth amendment is prohbitory
upon the States only. and that the legislation
authorized TO be adopted by Congress for
enforcing that amendment is direct legisla-
ton on matters respecting which States are
prohibited from making or enforcing certain
laws ordaiDing certain acts. but is corrective
Beeislation necessary or proper for counter
acting ana redressing the effects OF such
Jaw acts. that in forbidding
States, for example. TO deprive any person
of life, liberty or property witheut due pro-.
"ess Of law. and giving Congress the power TO-
enfozce prohibition. IL was aot intended TO
ssve-COngress the power TO provide due pro
cess OF law for the protection OF life. liberty
and property (which would embrace almost
ali subjects of legislation). bat to provide
modes Of redress for couDteractiDg the oper-
alton and effect of State laws obnoxious TO
DrObibjtiOG: t3) that the thirteenth amend
1nent gives no power TO Congress 10 psss the
seetions referred 10 because that amendment
relates only to slavery and involuntary serv-
Itude, which it abOlishes and gives Congress
the power to pass laws for it's enforcement;
that this power only extends to the subject
matter OF the amendment itself. namely,
slavery and involuntary seJyitude and nee