The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1883-10-20
A SURPRISING DECISION.
The United States supreme Court Pro.
nounceS the Civil Rights Act
Unconstitutional.
DECISION OF THE SUPREME COURT.

WASHINGTON, o.. 15.-A most important
decision rendered by the supreme court OF the
United States was that in the five cases COM
| monty known as the civil right cases, which
were submitted to the court on printed argu-
ments about a year ago. The titles of these
cases and Safes from which they come are as
follows:
No. /. United States against hurry Stanley.
| From United States circuit court, district of Kansas
No. =. United States against Michael Ryan.
From United States circuit court. district of Cali
fornia.
From Uni.ed States circuit court, Western district
Of Missouri.
No. 20. United States against Daniel d. Single.
ton. From United States circuit court, Southern
district of N W YORK.
No. 2s. Richard A. Robinson aud Wife against
The Memphis & Charleston Railroad Company.
From United States circuit court, district or Ten
these cases were all based on the first and
| second sections of the civil rights act Of 1875,
and were respectively prosecutions under that
act for not admitting certain coiored persons
10 equal accommodations and privileges in inns
or hotels, in railroad cars and 10 theaters. The
| defense set up, in every case, the alleged un-
| constltutionally Of the law. The first aud sec
| ond sections OF the act, which were parts di-
rectIy In controversy, are as follows:
Firsr-An persons within the jurisdiction Of the
United states SlAl 90 emitted 10 the Iul huu SQual
| enjoyment of accommodations, advantages, fare
anu privileges at inns. public conVeyanees on land
aud wafer, theaterS and other places OF amusement.
subject only TO conditions and limitations es1ao.
lished by law, and applicable alike 10 citizens OF
every race aud color, regardless OF any previous
condition Of servituce.
shall be- liable 10 forfeit 800 for each Ohense, TO
be recovered in civil action, aud also to a penalty
of from $500 to Sl 1000 tine, or imprisonment from
thirty days TO a year, to be enforced IN criminal pros
! ecuions. Exclusive jurisdiction Is given TO the dis
trict and circuit courts of the United States in cases
arising unde- the law. Inc rights ana
oil I'D people in these acts, were fuh and equal
accommodations in hotels. in ladies' cars on rail-
court, in a long and carefully prepared opinion
by Justice Bradley, holds:
First-That coDgr.s IS bad no constitution ] au-
thority TO pass the sections in question, under
either the Thirteenth or Fourteenth amendment
to the constitution.
Secoud-That me Fourteenth amendment is pro-
nibitory upon the States only. and that Legislation
referred to therein as to be adopted by congress for
enforcing that am sndm5nt l. not direct legislation
on a matter respecting which States
are prohibited from making or enforcing Ger
tain Jaws ordering certain acts, but Is corrective.
Legislation necessary or proper for counter
acting and redresslng the effects OF such law
or laws that In forbidding States, for exam
ple,to deprive any person of their liberty or property
without due process of law, and giving congress
power TO enforce prohibition. i. WAS not intended
TO give congress power TO provide dus process OF
law for the protection Of life, liberty. aud properly,
wnich won d embrace almost all SUBJECTS
OF legis alton, but TO provide modes OF
and effect Of State laws obnoxious &c
prohibition.
Thiri-That the thirteenth amendment gives
no power to congress to pass the sections referred
| 10 because that amendment relates only to slavery
and involuntary sesvitude which 1t abolished and
gives congress power 10 pass laws for its enforce
ment. That this power only extends 10 the sub1sct
matter OF the amendment itself nameiy, slavery
and involuntary seryitude and necessary incidents
and consequences those conditions: that It has
nothing TO do with different races or color, but
refers 10 slavery. The legal equality of differens
races, and classes Of citizens beng provided for in
tie fourteenth amendment, which prohibits Stftes
from doing anything to interfere with such equal
ity; that 1t Is no infringement on the thirteenth
amendment TO refuse to any person equal accom-
modatfons and privileges la an inn or place OF pub
lie entertainment however 1t may be a viola ion OF
his legal rights: that IL imposes upon him no
badge or slavery or invo untary servitude. which ~
simply some sort OF s~ubjectDu of one person to
another and incapacity incidental thereto. such as
inability 70 hold properly. to make contracts, TO be
parties in court. Q C., and that IL the original civil
rights act. which abolished these fncdpEcities, might
be supported by the thirteenth amendment, il does
not therefore follow that the act OF 1879 can be
supported BY 1t.
Fourth-That this decision Affects only the valid
ity OF the law IN the States. aid not in the Territo-
ries or District Of Columbia, where the legislative
power OF congress Is unlimited and 1t does not un-
dertake to .scide what congress might or might
not do under the power TO regulate commerce with
foreign nations aud amongst the several states, the
law not Urlug ufaWn Win any such poWof
F,fth-That. therefore, il In tia opinion of the
court that the first and second sections Of the &C. OF
March i. 1875. entitled IAN act 10 protect all citi-
lens In their civil and legal rights" are unconstitu-
tienal, and Judgment should be rendered upon in
die, menis accordingly.
At the conclusion OF the reading of Justice
Bradley's opinion, which occupied moro titan
an hour, Justice Harlan said, under ordinary
circumstances and in an ordinary case, he
should hesitate to set up his individual opinion
in opposition to that OF his eight colleagues.
but IN view Of what he thought the people OF
this country wished to accomplish, what they
tried to accomplish and that they believed they
hal accomplished by means Of this legisla~
ZION, he must express his dissent from the.
op mon Of the court. He had not had time
since hearing that opinion TO prepare . state
ment Of his grounds Of dissent, but he should
prepare and file one as soon as possible, and
in the meautims desired 10 put upon record
this expression Of his individual Judgment