The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1883-11-02
CIVIL. RIGHTS.
rnE SUPREME courts DECREE.

fhE SUPREME CoURTS DECREE.
WASHINGTON, Oct. 25-Tne following are
points Of the decision of the supreme court il
civil rights cases. After quoting the first and
second sections of the act. Justice Bradley. who
delivered the opinion, says:
Has congress the constitutional power to make
such a law? OF course, no one will contend thai
the power to pass it was contained in the constitu'
ton before the adoption of the last three amend.
ments. Power is sought first in the fourteenth
amendment. The first section, which is the one re.
lied on. after declaring who shall be- citizens of the
o iited States aud several States, is prohibitoryi r
It's character, and prohibitory. upon States. It's
State action OF q particular character that is bro
hibited. The individual invasion OF individual
rights is not the subjecs matter of the amendment.
Il has a deeper and bro adler SCOPE. II n%nli1e:
aud makes void all State legislation and
State action of every kind which impairs the priv.
ileges or immuui,ies OF citizens Of the United
States. or which Injuries them in life. liberty o,
property, without due process Of law. or which de-
mics to any of them the equal protection OF the
laws. 1t not only does this, but il order that the
national viii thus declared may not be q mere
brutnn fulmen, the last section of the amendment
invests congress with power to enforce I, by az
PROSTATE legislation. To enforce prohibition II
appropriate legislation for correcting acts
prohibited by State laws and State acts. and thus
render them efectually nuil. void aud inocuous-
TINS Is the legislative power conferred upon con-
gress, and this Is the whole of it. 1t does not in.
vest congress with power to iegislate upon sui jecis
which are within The domain of State legislation,
put TO provide modeso of relief against State legisia-
tion or State action of the kind referred to. Uniil
some State law has been passed.. or some State
action. through its officers or agents, been taken ad-
verse to the rights Of ci.isens sought to be pro-
tected by the fourteenth amendment no legislation
Of the United States under the said amendment
hor any proceeding under such legislation cap be
called into activity by a prohibitory amend
ment against State laws and acts done under
State authority. Inspection of the law here in
question shows that it applies equally to cases aris-
lug in States, which have just such laws respecting
The personal rights of ciliz MS, and whose auihori-
ties are now ready to enforce such laws us 10 those
l WHICH arise, IN n State that may have yi,lutni thu
prohibitions attached. In other words it steps INTO
the domain of local Jurisprudence and lays down
rules for the conduct of individuals, in society to-
waru each other, and imposes sanctions for
THE ENFORCEMENT OF THOSE RULES
without referring IN any manner to any supposed
action OF the State or Its authorities. Ii this legis-
, iatlon IL appropriate for enforcing the prohibi ion
amendment, is 1t difficult 10 sec where it is to \, toni
Why may not congress with an equal show q
authority enact a code of laws for the enforcement mt
aud vindication of all rights of life. liberty
aud property? It it is not supposable that
States may deprive persons Of life, liberty,
and property without due process of law, aud il the
amendment Itself does so suppose, should not con-
gress proceed at once TO prescribe due process of
law for the protection of every ono of these rights
in every possible case, as well as 10 prescribe equal
privileges in-inns, public conveyancesa and thea,ors1
Judge Bradley reters to tho civil rights bill OF
April 4, 1866, and shows it is clearly corrective in
its character, intended to countsract and furnish
redress against State laws and proceedings and GUS
toms having the force of law, which sanction tine
wrongful acts specified. In this connection" ne
adds. "tt is proner to stale that civil rights such as
| are guaranteed by the constitution agaius: State
aggression. cannot be impaired by the wrongful
acts of individuals unsupported by State authority
in the shape OF laws, customs. or judicial or execu-
tive proceedings. The wrongful act OF an !rdivid-
ual, Unsupported by any such authority, is Simply
a private wrong, or a crime of that indlviila!-au
invasion Of the rights of the injured party. it is
true. whether they affect his person, his property
or his reputation; but If not sanctioned in
come WY by the State, or not done
under its authority, his rights remain in full force
and may personally be indicated by resorts to the
laws uf the State for redress An individual cannot
deprive a man of his right TO vote. to hold property,
to buy and sell. to sue in the courts, or to be a wit
ness or Juror. He may, By force or fraud, inter-
fere with the enjoyment OF rights in a particular
case. He may commit an assault against a person
or commit murder. or use %rutiianly violeucs at him,
or slander the good name OF n fellow citizen; hut
unless projected IN these wrongful acts by some
shield Of State law or State authority, he cannot
destroy or ininre the right He will only render
himself amenabie to satisfaction or punishment and
amenable, therefore, to the laws OF tbs State where
wrongful acts are committed. If the principles OF
Interpretation we have laid down are correct. as we
aeem them to be, it is clear that the law in question
would be sustained by any grant. legislative power
or congress, or by the fourteenth amenimeut:
but to adopt direct aud primary is dis;in-
guished from corrective legislation on the subject
in hand. as sought in the second place from The
thirteenth amendment, which amendment abol-
Ehed slavery aud gives congress power to enforce
the amendment by appropriate legislation. This
amendment, as we'll as the fourteenth, is undoubt.
eddy selt.executing, without any auxiliary legisla-
ton, so far as its terms are applicable to any exist
log state of circumstances. By its own unaided
force and effect it abolished slavery and
ESTABLISHED UNIVERSAL FREEDOM.
Still, legislation may be necessary and proper to
admit 1.-the various cases aud circumstances TO bs
affected by it and to prescribe proper measures OF
address for its violation in letter or spirit. and such
Legislation may be primary and direct in Its cllarac.
ter. for the amendment Is not a mere prohibition
of State laws establishing or unfolding slavery,
but an absolute declaration that slavery or involun-
tary seryltude, shall MT exist in any part OF the
United States. Now. coucedine for the sake Of
argument that admission in a public conveyance to
any place OF public amusement. on equal term.
with all other citizens is the right of every man and
all classes of men, is 1t any more than one
of these rights. which the States by the Fourteenth
amendment arc forbidden to DENY to auy persrnp
And is the constitution violated until a denial Of the
right has the same States sanction or authority Can
the act of q mere individual owner of q pubic con-
veyance, or OF u pace of amusement, refusing ac-
commodation. be justly regarded as imposing any
badge of slavery or servitude upon the applicant,
or only as nn action for ordinary civil inquiry il
properlv coeuiZable by the laws of the States and
presumably subject to redress by their laws till the
contrary appears? After giving to these Questions
all the consideration which their importance de-
mands, We are forced to the conclusion that such
an act of refusal has nothing to do with slavery
or Involuntary servitude; that. if it is a violation Of
any any right mt o. q the party, his redress is TO be sought
adverse to his right and do not protect him, his
remedy will be found in the corrective legislation
which congress has adopted, or may adopt. for
counteracting the effect of State laws or State
action prohibited by the fourteenth amendment.
1t would be running slavery argument into the
SUM y II Apply Every uCl III ulSCtlDlUt-
whom - vil entertain as a guest. OK
as to what people he will take into
his coach. or cab, or car, or admit. to his concert or
tneater. or deal with in any matters of inter-
course or business. Innkeepers and public car
riers. by the law OF all States. so far as we are
aware. are bound to extent of their facilities to fur
nish proper accommodation to all unobjection.ble
persons who, in good faith, apply for them. 1t the
latter themselves make any unjust discrimination.
nmeuable to the prohibition of the fourteenth
amendment, congress has full power TO afford a
remedy under that amendment and in accordance
with it When a man has emerged from slavery.
and by the aid of definite legislation has shaken
off the inseparsble conconitants of that state, there
must be some stage in the progress of his elevation
as a citizen or man are to be protected in the ordi.
nary modes. by which ether mems rights are
protected. There wers thousands of free
colored people In this country before the
abolition OF slavery, enjoying all the essential
rights of life, liberty and property. the same as
white citizens. Yet no one at that time thought it
was any invasion of their personal status as free
men because they were rot admitted to all the
privileges enjoyed by white citizens; or because
they were subjected TO discrimination in the en-
1oyment of accommodations of inns. public cou-
yeyances aud places of amusement These discrim-
nations on account of race or color, were not re-
! garded as q badge Of slavery. II since that time the
become established by constitutional enactment, it
Is not by forcs of the thirteenth amendment.
which merely abolished slavery, but by the force of
the fourteenth and fifteenth amendments. On the
whole. we are of the opinion that no countenance
OF authority for the passage OF the Law can be found
in either the thirteenth or fourteenth amendment
to the constitution: and no other ground of author
i,y for its passage being suggested, it must necss-
sarily be declared void. at least SO far as its opcrar
tlona in the several States is concerned.
Objections to Iron Girders.
A writer in one of the London tech
nical journals asserts What continuous
Orders, in iron work, though economi-
cal in first cost, are Objectionable for
use in road bridges, owing to vibrations;