The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1883-10-25
A SURPRISING DECISION.
The United States Supreme ccart Pro.
nounces the Civil Rights Act
Unconstitutional.
nro,s,oN OF THE SUPREME COURT.

DECISION OF THE SUPREME COURT
WASHINGTON, Co.. ia most important
decision rendered by the supreme court OF the
United States was that in the five cases COM
monty known a. the civil right cases, which
we're submitted to the court on printed argu-
ments about year ago. The titles OF THESE
cases and States from which they come are as
follows:
No. !. United States against hurry Stanley.
From United States circuit court district of Kansas.
No. q United States against MlcnaeA ryan
From United States circuit court dlstr1ct OF cah-
No. g. United States against Samuel Nichols:
From Unised States circuit court western o's1r'c'
No. 26. United States against Daniel p: Single.
| ton, From United States circuit court, eoutnern
No. 2s Richard 4. Robinson and Wife against
| The Memphis & Charleston railroad COMPANY
From United States circuit court, district OF len.
These cases were all based on tho first and
etond sections. of the civil rights act Of 1875,
and were respectively prosecutions under that
act for not admitting certain colored persons
| to equal accommodations and privileges IN inns
| or hotels, in railroad cars and in theaters. The
defense set up, in every case, the alleged un-
| constitutionalily of the law. The first and Sec
ond sections of the act, which were parts dl-
rectly in controversy, are as follows:
First-An persons within the jurisdiction OF tho
United States shall be entitled to full and equal
| enjoyment of accommodations. advantages. fare
| and privileges at inns. public conveyances on land
aud water, theaters and other places OF amusement
subject only to conditions and limitations estau-
lished by law, and applicable alike to citizens Of
| every race aud color. regardless OF any previous
condition of servituGe.
! Secondary person who violates the first section
shall be liable to forfeit $500 for each ofense. to
be recovered in civil action, aud also to penalty
of from $500 to 81 900 fine. or imprisonment from
thirty days year. to be enforced in criminal pros.
ecutons Exclusive jurisdiction is given to the dis
tro and circuit courts Of the United States in
aneS ae py and Denied o
ored people in these acts, were full and equal
accommodations in hotels, in ladies' cars On rail-
road ,rains, and in dress circles in theaters. The
court in a long and carefully prepared opinion
by Justice Bradley, holds:
Frst-That congress had no constitutional au-
thorty to pass the sections in question. under
either tho Thirteenth or Fourteenth amendment
| to the constitution.
Second-That the Fourteenth amendment Is pro-
hibitory upon the States only. and that Legislation.
enforcing that amendment II not direct log isation
on a, matter respecting which States
are prohibited from making or enfor cling GER
tam laws ordering certain acts. but is corrective.
acting and redressing the effects OF such law
or laws that in forbdding States, for exam
without due process of law. and giving congress
power to enforce prohibition. it was not intended
to give congress power to provide due process of
Which would embrace ''' almost all ali SUBJECTS
of legislation, but to provide modes of
aga sd tor the SsG On
Third-Thnt the thirteenth amendment gives
no power to congress to pass the sections referred
to because that amendment relates only to slavery
and involuntary servitude which it abolished and
gives congress power to pass laws for its enforce
ment. That this power only extends TO the subject
and involuntary servltude and necessary Incidents
and consequences those conditions: that it has
e 50 WITH or Of f0G
races, and classes Of citizens being provided for in
the fourteenth amendment, which prohibits States
from doing anything to interfere with such equal
lty; that it is no infringement on the thirteenth
amendment to refuse to any person equal accom-
modations aud privileges in an inn place of pub
lie entertainment however it may be violation of
his legal rights; that it imposes upon him no
badge of slavery or Involuntary servitude which is
simply some sort Of subjecton Of one person to
another and incapacity incidental thereto. such as
inability to hold property. to make contracts, to be
parties in court. ETC., and that if the original civil
rights act which abolished these ncapscities, might
be supported by the thirteenth amendment, it does
not therefore. follow that the act of 1875 can be
supported by it.
Fourth-That this decision affects only the valid
ty of the law in the States. and not in the Terrific
ries or District of Columbia, where the legislative
power of congress is unlimited, and it does uot un-
dertake to decide what congress might or might
foreign nations and amongst the sevaral States the
law not being drawn with any such power.
Fltth-That, therefore, it is the opinion of the
court that the first and second sections of the act of
March l, 1875. entitled IAN act to protect all citi
IONS in their civil and legal rights. are unconstitu
tienal, and judgment should be rendered upon in
dictments accordingly.
At the conclusion Of the reading of Justice
Bradey's opinion, which occupied more than
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
had accomplished by means of this legisla-
lion, he must express his dissent from the
op mon Of the court. He had not had time
since hearing that OPTION to prepare state
ment of his grounds Of dissent, but he should
prepare and file one as soon as possible, and
in the meantime desired to put upon record
this expression Of his individual Judgment