The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1883-11-01
the SUPREME COURT DECISION.
A Negroes Protection Under tho
Law Equal with 4 White
Mans.
The Province OF Constitutional Amend.
'nents and the Scope Of State
Statutes.
Abstract Of the Recent Decision in the
Civil Right, Case.
ETC, ETC, ETC.

decision OF the Supreme Court In the civil
rights cases. After quoting the first two
sections or the act Justice bradley, who de-
li,crcd thc opinion. says:
Has C.nercss constitutional power 10 make
such u law uf taulse. no one VIII contend
that the l0wcr Ia pass II Mis- contained in tho
eo1stltution before the adoption ot the last
three amendments. Power ~ sought first IN the
Fourteenth amendment The first section
(which |. the one rel cl ON, alter declaring who
shall bic citizens OF the United state nh th.
several States. IL lrulibtory in It's character
and pioh.biors upon the states II il state
action ~ 4 particular character that iS nfuhib-
tied. individual invasion u individual rights
I not the subject matter ot III. amend
meat. Il hls deeper and broader
scope. II nrllii.cs aud makes void a ate leg
l.lation AMI Stste action ri every kind which
inl airs I'll. rylegts or imnnmities OF citizens
uf the lnited States, or which iuinras them In
life liberty or prosper ywit, our duc prose - of
law, or which denies to any oi them the equal
protection Of the laws. Ii not only does this,
but,tn or'ler that tn national will thus declared
may not be mere btHtuH fRiHtea. the last
section NJ tn amendment invests Com ress with
The power 70 enforce Il with appropriate lcgi~a-
ton. To enforce what. To enforce prohibit
t'on. To a3apt ppsorriate legislation tor cor
reetlng the effects .. such prohih cd state laws
AMI state acts. and thus to render them
.ilsetualiy null, void and. nnosuons:
This Is the legislative power conferred
upon Congress- and this Is the whela Of it. II
does not invest Congress withp,wer to l.gslate
npan subjects which are within tn" domain u
against state lea-latie Ii 1T State action III the
kind referred to- Until SOM State law has
be- Iassci or some state action through its
ufhc, rs or agents hten taken adverse to the
rights OF citizens sought to lie protected hy the
Forricanth amendment. no legislation OF the
United States under said amendment nor any
proceeding under such L gi~atian can be called
into activity. for the rruhibitions of tie ameni-
ments are against State laws anu acts duns
under state aut uthnrlty.
An insrc tion of the law here in question
The states which have he 1ustsst laws slcct-
Ing tha personal rights Of citizens, aud MhoSc
auth rites are ever ftaiy To enforce such laws.
as 10 IA, =, which arise IN States that mas have
violated the prohhtlve am nlment. In other
words, 1t stct : into he domain u local iaris.
prudence and laws down rules tor he conduct uf
Individuals i'll se,iety toward ctch other, and
imposes sanct ons fer the enforcement
OF those rules without referring in
the State or its authorities. Ii this legislation
| - apr lriac far Enforcing the prohibition
aneadmn nt II Il difficult - Mherc II i T.
STOP WHY may not Congress, with an clual
show of authority. enact 4 code Ut laws tor tho
enforcement anu sin.ilcat.oa ot all rights nf lite,
liberty aud property. II il i not suppasahls
that states max deprive persons of lite, liberty,
anu property without dnc process OF law tanl
The amendment Itself does not suppose this,
why ii uld hot Congress rocee,i Al once To pre-
scribe due process OF Law for the protection OF
every one OF these fundamental rights in every
POSSIBLE case, "a well a. to prescribe equal
privileges IN inns. ruhiic conscNanceS ane the
afefss
Judge bradley refers t. the Gisil Rights
bill OF April l. ls,ia, ana shows ii i. Is clearly
corrective in its character, intended Ia coun-
icract and furnish redress against State laws
and proceedings and customs having tho
force of law which sanction the wrongful
acts specified
In this connection 1t l. proper to state that
civil rights such as are guaranteed by the con-
stitutiun against State aggression cannot hc im-
paired by the wrongful acts II individuals I'M
supported hy state authority. in the shape OF
laws, customs, or Judicial or executive rru-
ccetngs. The wrongful act of an individual
unsupported by any such authority is simply u
private wrong or crime of that individual-an
invasion OF the rights of the injured party IL is
true, whether they affect his pc, son, his proper
~ or his regulations: but. IL not sanetiun,d Il in
some way by the State or not done under lis
authority, his rights rsman in full force AMI
may presumably be yindicated by resorts To
the laws ot the State for redress An in,lis ilual
cannot deprive man OF his right to vote. to
hold property. 10 buy AMI sell. To sue III the
courts or To be n witness OF juror lie may. hy
force or iraui, interfere with the enjoyment OF
4 right in particular ease. lie may commit
assault against person, or commit murder. or
use ruffanly violence n the polls or SANDER the
good name ot a felaw-citiaen. but, unless pro-
tec.ed in these wrongful acts by some shield Of
State law or State authority, he cannot destroy
or injnre the right. lie will only render himself
amcnahlc To satisfaction or punishment, and
amcnable therefore To the laws OF the State
where the wrongful acts arc committed. II tho
principles. OF Interpretation we have laid down
arc correct rs We deem them 10 lie. Ii Is clear
/ the law in question cannot he sustained by any
grant of lesisla i've power made to Congress hy
the Fourteenth amendment
But the power af Con .ress to ADOPT and d-
rect primary distinguished from corrective
legislation ON the subject IN hand IL sought In
the second place from the Thirteenth amends
ment, which ahulishes slavery and gives tun-
gre>s power II enforce the amendment hs an-
/ propratc legislation. THIS amendment. n we'll
~ the Fourteenth. Il undoubtedly sclf-exeeu-
tars without any ancilary legislation. 81 far a.
its terms are applicable To any existing state at
circumstances, by its own unaided force anil
| effort ii abolished slavery aud established un-
,erSal freedom. Still legislation may be neces-
sars and proper To meet all the various cases
and circumstances Affected by iLand to rr, scribe
proper modes of redress for its viola,ion in letter
or spirit, and such legislation may he primary
and direct i'll Its character. tor the amendment
il not a mere pfohihlipn ot state laws
establishing or nphol,llnS slavery, bAt an ahso-
lutte declaration that slavery or involuntary
) .rvitude shall no, exist In any par, III the
United states. NON. ronc,diug tor the sake of
argument, that admission to an inn, i publ .
conveyance, or place Of public musement
ON equal terms With all other ii liens Is the
ght of every man aud all classes OF men, is IL
amy more than one Of these rights which the
States by the Fourteenth amendment afe tor-
hidden 10 DENY To any person ami is the eenstl-
taton violated natii the denial II right las
some state sanction or authority: Tan thu ac-
uf i mere individual, thu owner III an inn, pub
lie cuny ancs, or place of amusement, I'm resus-
ing accommodation he Justly regarded aS inlnos-
in. any badge Of slavery or ser,itnde upon the
applicant or only a~ iniiicting an ordinary civ
iliniurs properly cagnxalle by the laws OF The
State and presumably subject to redress bv
tloss LAWS until the contrary appears
After giyin. To thes. quests ions all the consil-
| Grafton which their inheritance demands Nc
are forced 10 the conclusion that such an act os
refusal has nothing IL ,lu with slavery Or lnsul-
| untary s,rvituae and that III il Il Ninla.isc III
any right al 4 party his redress il To hc sought
untler the law d. the state, ug, III those avs arr
adverse t. his rights and do not protect him. his
remedy will be found in the corrective Legislation
| which Congress has auaptel or may a.lapt Ter
| ,ountrracting the effect OF the state laws ,r
| State action prohibited by the Fourteenth
! amendments ltwonld he running the slavery ar
| pumcnt into the ground tn max. IL apply Ia every
ACT OF discrimination wlsch a person max ~, lit
a. 10 guest lc Will entertain OF n 10 tue people
| he will take into his coach or cab or rar OF
| admit Ia his concert or thcater or deal Within
| other matters uf intercourse or business Inn
kcemrs and public carrie rs hy law In all states,
! ~ FAR "A We are awar. are hound I, the extent
of their facilities Ia furnish proper aceamaia-
| tipn 10 all uuoheetiauahle persons wha iii good
fai,h annly I, n Them III th, Ian fh.n,s Ives