The south Kentuckian. [volume] (Hopkinsville, Ky.) 1879-1883, 1883-10-23
CIVIL RIGHTS.
The First and Second Sections Of
the Bill Of No Value in
the States.
And the Whites Have a Legal
Right to Refuse the Blacks
Equal Privileges.


important decision rendered by the
Supreme Court of the United States
to-day was that in the five cases COM
monty known as the Civil Rights
cases, which were submitted to the
court on printed arguments about a
year ago. The titles of these cases
and the States from which they came
are as follows: No. 1.-The United
States against Murry Stanley, from
the United States Circuit Court for
the district Of Kansas. No. 2-The
United States againt Michaels, from
the United States Circuit Court for
the district of California. No. b.
The United States against Samuel
Nicholas, from the United States
Circuit Court for the Western dis
trict of Missouri. No. 26-The Uni
ted States against Samuel ID. Single
ton, from the United States Circuit
Court FOR the Southern district of
New York. No. 2S-Richard A.
Robinson and wife against the Mem
phis and Charleston Railroad Com
pany, from the United States Circuit
Court for the district of Tennessee,
These cases were all based on the
first aud second sections of the Civil
Rights Act of 1875, and were respec-
lively prosecutions under that act for
not admitting certain colored persons
to equal accommodations and privi-
leges in inns or hotels, in railroad
cars and IN theaters. The defence sci
upin every case was the alleged. un-
constitutionality of the law The
first and second sections of the act,
which were the parts directly in con-
uoyersy, are as follows:
SECTION |. That all persons within
the jurisdiction of the United States
shall be entitled to full and equal en-
joyment Of the accommodatiops,, ad-
vautagcs, facilities and privileges of
inns, public conveyanrts on fSnd' or
water, theatres apd other places of
public amusement, subject only to
the conditions and limitations estab-
lished by the law, and applicable
alike to citizens of every race and
color, regardless of amy previous con-
dilion Of scrvitude. 3f
The second section provides that
any person who violates the first sec
ton shall be liable TO forfeit $500 for
each ollcnse, TO be recovered in civil
action, and also to penalty of from
S5c) to $l,c)0 fine, or Imprisonment
for from thirty days TO Il year, to be
enforced in the criminal prosecution.
Exclusive iurisdictioni is given to Dis
trict aud Circuit Courts of the Uni
ted States in cases arising under the
law. s,
The rights and privileges claimed
by and denied TO the colored persons
in these cases were full and equal ac-
commodations in hotels, in ladies'
ears on railroad trains and in the
dress circle in theaters. The court
in a long and carefully prepared opin-
ion by Justice Bradley holds:
First-That Congress had no con-
stitutional authority to pass the Sec
ton in question. in either the 18th
l4th amendment to the Constitu-
ilon,
Second-That the Fourteenth a.
mendment is prohibitory upon the
States only, and that the legislation
authorized to be adopted by Congress
for enforcing that amendment is not
direct legislation on the matters pend
ing by which the States are prohibit
ted from making or enforcing certain
laws ordaining certain acts, but is
corrective legislation, necessary or
proper for counteracting and redress
ing the effects of such laws or acts
that in forbiddipg the States, for ex-
ample, to deprive any person of life,
liberty orpropepty without due pro-
cess of law, and giving Congress the
power to enforce prohibition, It was
not intended to give Congress power
to provide due process of law, for tat
protection of life, liberty and proper
| ty (Which would embrace all subjects
of legislation) but to provide modes
Of redress for counteracting the oper
alton and enforcement oflaws obnox
ious to prohibition. 'afF' " ~
Third-That the Thirteenth a
mendment gives no power to Con
gress to pass the sections referred to
because that amendment relates only
to slavery and involuntary servitud
which 1t abolishes, and gives Con
gress the power to pass laws for II
enforcement; that this power onl
extends to the subject matter of til
amendment ITSELF namely, SLAYER
and involuntary seryitude, and tn
necessary encidents and consequence
of these conditions; that it has moth
Ing to do with the different races
colors, but only refers 10 Slavery
the legal equality Of the diferen
races and classes of citizens bein
provided for in the Fourtcent
amendment which prohibits th
States from doing anything to inter
faras MI 4 n icttoh oft,, olit.r fhot ~ ,e n,