The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1883-10-27
A SURPRISING DECISION.
The United states upreme Court Pro
nOunces the civil lights Act
Unconstitutional.
DECISION OF THE SUPREME COURT.

DECISION OF THE SUPREME COURT.
WASHINGTON, Oc. i5.-A most important
lecslun rendered by The supreme cour, Of the
Tn ted States was that III the iive cases com
mouly known ~ the eva right cases, w.ich
we're submitted to tho court on printed aigd.
meuIs out year ago. Inc titles OF tIrse
ca ,es ana S.at4s from which they come are as
70 low:
No l. United States against Murry Stanley.
From Uni ed States circuit court. district OF ,usas
No =. Uuited States AGAINST a.ichae! IL, al.
From United States circuit court, district ot Can
NIB Tinted States against Samuel Nichols
From Uni cd States circuit court, Western district
Il Missouri.
NJ, 26. Uni'ed State, against Daniel D. Single.
Ton. Frum Unt~d states circuit court, soathern
No. IS. Richard A. Robinson and Wife against
lie NJ, mphis a. Charleston Railroad Company.
rom Uuited States circuit court, dis'rItt OF Ten
lnese cases were ali based on the first ani
sc, und sections OF tie civn rights act OF 1879.
and were re-pectvely Prosecutions unier that
act for no. admitting certain colored person,
to equal Recommendations and privileges III inns
or hotel., Ia railroad cars aud III theaIers. Tho
defense set up, IN eve.y case. the alleged uu-
cuhsttutiuuan uf the law The ist aud sec
ond sect ons OF the act which we're paris d.
teCtIy All COuIoNeteys sio - Aoi'o"''
Firs-All persons within the jurisdiction OF the
Uned Stai es shal Ue entitled To tns tuiI and eoua
,Dioymtnt Of accommod ,tona advautages' rare
an privileges at inns. pubic cenveyances on aud
III .,j.ct only to conditions aud limitation, es 40
tshrd by law, aud Applicable alae to ci tz'ns or
every race aud color. regardless OF any previous
condition Of srrvi uco.
Secupa-Any person who violates the frat section
shall bs able TO for OIL f1UU tor each Ufense, TO
Dc recJv red IN civil acton, AUD also 10 penal
d from $500 To = 900 nne or imprisonment from
tuir days year, to be -t ced IN cFlb nti pros"
ecu IONS EAcluslvr jurlsdic ms gwen 10 tn. ds-
rc and circuit ur,s OF the Uuied states la cases
lti,ng unue. the law. The rghs ana
pred people Ia lhese acts, were tu AMI equal
tccummoda ious iu hoJes. IN ladies' cars IN rail-
toad Trains, aud in dress circles ~ Iheatera Inc
.ourt, In a long and carefuIiy-pTepaied OPINION
rl Justice Bradley, hulds;
irst-lhat congr IS lad no constitution | au-
tuurily 10 pass tuc sections IN question, undef
stner the IhTteenlh or Fourteenth amendment
10 the consti utlon.
Necona-l hat he Fourteenth amen iment is pro-
lbtory upon the States Only, and that legislation
reierred to therein b. sd opted by congr Tor
snlorclng that am udm ut /. no. dlrec l-gisation
mater respecting which States
are prohibited from making or enor cing cer-
tain avs ordering certain ac's. but - corrective
Log station necessary or proper Tor cpnntrt-
aclng aud redrrsslng the effects o: such law
laws that in forb bddiug States, for exam
ple,to deprvr any person Of their liberty or prop"r
without due process OF law. and giving cong e's
powrr 10 en- orce prohibition. II was not inteude
to give congress. power 10 provide du' process OF
Jaw tor the protection OF life, liberty. ari pronr y.
wncn woud embrace almost all s41l"ct.
OF ies's .ton' ou, TO p,ov'is modes oass,,,oa on
and effect Of State laws obnoxious to
prohibition.
Thirl-That the thirteenth amendment gives
no power to congress 10 pass the sections referred
TO because that amendnent relates only 10 slavery
aud involuntary seryiiude whlcn 1t aboi'hed and
gives congress power TO pass aws for its entorce-
ment. That this power ouly extends TO the subj ct
II tier OF the amendment Itself nancy slavery
aud invoun'ar' servilude and necessary incdeats
aud con -eQuences those conditions: that II has
no. hug TO do with different races or color, but
refers to slavery. Tie legal equality of dIferen
races, ana closs-s Of citiz-ns being provided Tor IN
l. g tVur,e-nth sm"ndmrn', which prohibs States
from dong anything 10 Interfere with such equal
ty; that II Is no infringement on the thirteenth
amendment TO ret use 10 any person equal ACCOM-
mudaious and privileges in an inn or plAcs OF pab-
nc en ertanm"nt however u may be Vto!a ioa OF
his Igal rlgnts: that II imposes upon III no
badge OF slavery or invo unary serytude, winch Is
smpIy some sort OF sutj-ct, Of one p-rsJn 10
another and incapacity Incidental thereto. such as
inapIltty to mold property 10 make conIac 5, 10 be
parties in court, . C, and that II the original cly
rights act, which abolshe these capacities, might
be supported by tie thirteenth amendment It does
not herefore follow hat the ACT Of SO can be
supported bg IT,
tour,h-lhat this decision Affects only the valid
ity oil the law 10 the a"s anu not in the Terrific
res or District uf Columbia. whero the legislative
power OF cIHgre,s IS unlimited, and IL does not un-
dertake 10 decide what congress might or mght
not do under the power 10 regulate commerce with
foregu nations aud amongst tue several Sta,es tue
Law not bang drawn with anv such power
i ttu-laat, theI efure, it is the opinion or the
that the frs; and secoud sections Il the act o
March !, 1879, eutii I'd IAN act 10 protect all ci!
z-n> in ihslr evil aud lrga rights unconsitu-
ti'nai, snl judgment should be rendered upon in
dlc mrn accordingly
At The conc usiun OF the reading Of Justice
Bradey's opinion, which occupied more than
sn hour, Justice Harlan said, under ordinary
circumstance and in an ordinary case, he
should he itate TO set up his indlv dual opinion
In opposition to that Of his eight colleagues,
bui III view OF what he thought the people OF
this cou try wished 70 accomplish what they
tried TO acc lish and that they believed they
lat accomplished by msaus OF this legi Ia
j n, he must express his dissent from the
,p u on II the court He had not had tame
-iuce hearing that opinion TO prepare . state
ment Of hIs & ounds II dissent. but he should
Prepare and Ill, one as -0hn IS possible, aud
III the mea desired 10 put upon record
this expression Of lis individual Judgment