The Middlebury register and Addison County journal. [volume] (Middlebury, Vt.) 1883-1885, 1883-10-26
THE CIVIL RIGHTS BILL.
Important Decision by the United
States Supreme Court.
The Act of 1875 Declared to be Un-
constitutional

An important deci ion has Just been
rendered by the United States supreme court
in the five civil rights cases wh.ci were sub
mitted to it about n year ago.
These cases We're all based on the first and
second sections of the civil rights act OF iSi5
and were respectively prosecutions for no5
admitting certain colored persons to equal
accommodations and privileges i'll inns or
hotels, in railroad cars and in theatres The
defense set up was the alleged institution
atty Of the law The first AMI second sec
tons of the act, which were the parts direct
ly in controversy, are as follows:
Section |. That all ersons within the
jurisdiction of the United S ates shall be en-
titled to the full aud equal enjoyment of the
accommodations Advantages, facilities and
privileges of inns. public cOnveyanres ON
land and water, theatres and other places of
public amusement, subject only to the ndi-
tons and limitations established by law and
applicable alike to citizens of every race and
color fegardless of any previous condition on
servitude.
The second ction provides that any per-
son who violates the first section shall he
liable to forfeit 500 for each offense. to be
recovered in n civil action: and also of a
penalty of from 500 to $1,000 fine, or in-
prisonment OF from thirty days t. year, to
be enforce in crIm al prose 'utlon. EX-
elusive jurisd elton is given to the district
and circuit courts i'll cases arising under the
law.
The rights and privileges claimed and de-
mel to the colored pers ms in these cases
were full ami equal accommodations in
noteis' IN iadles cas- on railway Trans ana
III Ine ures' circ III tlea're'
Inc court III a iohS anu ctreiully PR
pared opinion by justice bra 'ley, helu'
frst-lhat congress ia no con
sItut ohal authority 70 pass lne
Two sections under either the thlltcenth OF
fourteenth amen iment Oh the CONSTITUTION
Seronl' tha1 the lourteehth aihehuliieht IS pro
inpitorv upon the States oh'y' anu tnat 'he
leSlsatloh authorized 10 DE adopteu ny Noh-
gress LOT enforcing thaO amendment Is noI
dlrtct legislation ON the matters respecting
Whcn thc states are PROMPTED from llahliS
OF enforcing certain laws OF uoihS certain
aus, put Is corrective leSlsla'iuhi necessary OF
proper Tor couhteiact.ng am iedfeS'lnS the
eneci OF such laws OF acts; tha1 III lorm /
dlilS the States, Tor example TO GeprlNe any
person OF HE, hporty or property wlthouU
uue process OF law ana SWING congress
power to ENFORCE the prohibition, IL wa not
intended t. give power t. proTiie
due process OF law Tor the protec ION OF me-
liberty aud pro- erty (Which would embrace
almost all SUBJECT ot legislation put 10 pro
vide mo les OF redre > for counter acting the
operation and elect OF state avs 0baoXiou'
to the prom bit ON. 1hird-lEat hcthlltesnth
amendment gave no power to Congress TO
ass the sections referred to, b ause II relates
TO slavery an involuntary serVltude, whch
II abollshes, and gives Congress powert 10 pass
laws for Its enfoi cement; that this power
only extends to the sub Get mat e. OF
the amendment it elf, namely, slavery and
involuntary servitude and the 1t ce-sary III
cldentS ana con e4uelcCs IL those condltlons'
that it has nothing to do with different ia aes
or colors, but only refers to S.avery-the
legal equality OF different l. ces and classes
OF citizens beng provide for IN the four
tenth amendment, which prohibits the
States from doing anything TO interfere
with such equality; ii at it isno infrin cement
of the thirteenth amendment to refuse to any
person the equal accommoda tions and priv
ileges of any inn or place of entertainment
however 1t may be viola tive of his Legal rights
that it imposes ON him no badgeof slavery or