Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1883-10-19
ut due process of law. and o;v;no

out due process OF law. and giving
Congress power to enforce prohib,
ton, II was LOT en- ended to 1--WE
Congress the power 10 provide due
process of law for the protection of
life, liberty and property (Which
would embrace almost ali subjects
OF iegislation). but to provide a
mole Of redress for counter acting
the operation and enact State laws
obnoxious to prohibition.
Third-That the thirteenth amend
ment gives no power to CoL-
gress to pass the sections re.
feried to, because that amendment
relates only to slavery and iuvolun-
tary servltude, which is abolished ,
aud gives Congress the power to
pass laws for is enforcement; that
THIS power only extends to the sub
Ject matter OF the amendment itself,
namely slavery aud involuntary
servltude and necessary incidents
and consequences of these condi-
tons; that 1t has nothing to do with
the different races or colors, but
only refers to slavery, the legal
equality Of dlffert ut race s and classes
OF citiz=ns being provided for in the
fourteenth anendnIeut, which pro-
hibits States from doing anything to
interfere with such equality; that it
Is no infringement of the thirteenth
amendment to refuse to any person
equal accommodations and privi-
leges in inns and places of public
entertainment, however it may be
viOlative OF his total rig Is; that it
imposes on him no badge of slavery
or involuntary servitude, which i'm
ply some sort of subsection Of one
person to another aud IN capacity
incident thereto, such as in ,bliity to
bold property. to make contracts, to
be parties in court, ETC.; that if the
original civil rights act was abol-
ished the incapacities might be sup
ported by the thirteenth omend-
ment. 1t does not. therefore, follow
that the act of 1874 Can be supported
by it
Fourth-That this decision affects
only the val.dity of the law in States,
and not in Territories or the District
Of Columbia, where the legislative
power of Congress is unlimited, and
it does not undertake to decide what
Congress might or might not do.
under power to regulate commerce
with foreign nations and amongst
the several States, the law not being
drawn with any such view.
Fifth-That it Is the opinion Of
the court that the first and second
sections of the net of Congress
Of March l. 1875, entitled, IAN
act to protect all citizens IN their
civil and legal rights" are uncon-
stitutlonal aud void, and judgment
should be rendered upon tue indict-
men,s accordingly.
At the conclusion Of the reading
Of Judge Brad:ey's opinion, which
occupied mole than al hour, Justice
Harlan said that, under ordinary
circumstances and in ordinary cases,
he should hesitate to set up IN indl-
vidual opinion in opposition TO his
eight colleagues, but in view of
what he thought the people of this
country wished to accomplish, what
they tried to accomplish, aud what
they belived they had accomplished,
by means Of this Legislation, he
must express his dissent from the
opinion of the court. He had not
had time, since the hearing of that
opinion, to prepare a statement of
his dissent. but he should prepare
aud file one as soon as possible, aud
IN the meantime deci ie to put upon
record this expression Of his indlv-
idual judgment.