The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1883-10-26
A SURPRISING DECISION.
The United States supreme Court Pro
nounces the Civil Rights Act
Unconstitutional.
DECISION OF THE SUPREME COURT.

DECISION oF THE SUPREME COURT.
WASHINGTON. Oc. 15.-A most important
decision rendered by The supreme court OF tho
United States was that in the five cases COM
monty known as the civil right cases, w.'rh
we're submitted to the court on printed af6n-
men,s about q year ago. The titles OF these
cases and States from which they come are as
follows:
No. l.. United States against hurry Stanley
From United State s circuit court, district OF Kansas
No. =. United States against Mlchaei Ryan.
From United States circuit court, district oil Can
fornia. -. r;.,..
From Uni. ed States circuit court. Western district
No. 70. United States against Daniel ., Single.
ton. From United States circuit court, southern
| listrict of New YORK.
No. %. Richard A. Robinson aud Wife against
The Memphis d Charleston Ralroad COMPANY.
| From United States circuit court. district eff Ten
These cases we're all based on the first and
| second sections OF the civil rights act of 1870,
and were respectively prosecutions under that
act for not admitting certain colored persons
10 equal accommodations and privileges IN inns
Of hotels, in railroad cars aud III theaters. Inc
defense set up, in every case, tie alleged un-
coustltutionali,y of the law. The first aud sec
ond sections of the act, which were parts d-
| rectly III controversy, are as follows:
| FiESt-Au persons Wltniu Inc JURISDICTION OIL tue
United States shall be entitled 10 tns tuii and equal
enjoyment of accommodations advantages, fare
anu privileges at inns. public conveyauces on !and
and water, theaters and other places Oh amuseheh''
| subject only to conditions aud limitations eslau-
| ished by law, aud applicable allAe to ci,izens OF
avery race aud color, regardless OF any previous
| condition Of aervituGe.
.sccoua-any person who violates the FIRST section
shall be liable 10 forfeit $500 tor each o1ease. to
be recovered in civil action, and also to - penal y
! Of from $500 To ST. 900 fine, or Imprisonment from
4 tlirIy t1nysi 10 a wear. to be enforced IN criminal pros
scutions. Exclusive jurisdic ionis given to the DIS
trict and circuit courts OF the United States IN cases
privileges claimed by, and denied TO col
ored people III these acts. were fun and equal
accommodations In hotels, IN ladies cars on rail-
road trains. and in dress circles IN theaters. The
rour,, in q long and carefully prepared opinion
by Justice Bradley, holds:
Flrst-That congress had no constitution ! nu-
thurity to pass the sections in question. under
either the Thirteenth or Fourteenth amendment
to the constitution.
~second-Ihat The Fourteenth amendment Is pro
aibitory upon the States only, aud that legislation
referred to therein as to be ad by congress for
enforcing that amendment il. no. direct legislation
on q matter respecting which Suites
are prohibited from making or eufor 1ug GER
tain laws ordering certain acts, but IS corrective.
Legislation necessary or proper for counter
or laws that In forbidding States, for exam
ple.to deprive any person of their liberty or proper. 5
without duo process of law. and giving congress
power to enforce prohibition. IL was not inte,.lel
to give congress. power to provide due process of
law for the protection of life, liberty, aud properly,
which would embrace almost all subjects
redress for counteractinr the operation
and effect OF State laws obnoxious TO
Thirl-That the thirteenth amendment gives
no power to congress to pass the sections referred
TO because that amendment relates only 70 slavery
and involuntary serviiude which 1t abolished and
gives congress power to pass Laws for its enforce
ment. That this power ouly extends 10 the subject
mattcr OF the amendment itself namely. slavery
and invoiuntary servitude and necessary incidents
and consequences those conditions: that 1t has
nothing 10 do With different races or color, but
refers to slavery. The legal equality of different
races. and classes Of citizens being provided for in
tue fourteenth amendment, which prohibits States
from doing anything to interfere with such equal
lty; that 1t Is no infringement on the thirteenth
amendment to refuse to any person equal accom-
modations and privileges in an inn or place Of pub
lie entertainment however it may be a viola ion of
his legal rights; that it imposes upon him no
badge of slavery or invo untary servituGe, winch 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
rights act, which abolished these incIpacities, might
be supported by the thirteenth amendment, it does
not therefore follow that the act of 1875 can be
supported by 1t.
Fourth-That this decision affects only tho valid
ity 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 il does not I'M
deriake to decide what congress might or might
not do under the power to regulate with
foreign Eatious auu amongst the several States, the
law not being drawn with any such power.
~F.fth-That, therefore, 1t ia the opinion of thu
court that the first and second sections Of the &C. Of
March 4. 1878. entitled IAN act 10 protect all ci:i-
IONS in thar civil and legal rights" are uncous.itu-
tional. and Judgment should be rendered upon in
diclments accordingly.
At the conciusion Of the reading of Justice
Bradley's opinion, which occupied moro 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,
bnt 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 lesi.la-
ton, he must express his dissent from the
opinion of the court. He had not had tine
since hearing that opinion to prepare q sta;o-
ment of his grounds Of dissent, but he shoulh!
prepare aud file one as soon as possible, and
in the meantime desired to put upon record
this expression of his individual Judgment.