Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-10-26
fTe full and equal accQpmQdations in
L 6ls, id1AdisS eAs' On raiissaN kains,
md iii thefrass-fifdle lathsetss,Es
ePtN1okvog gftE ours Sc
The Court IN : aRg SD. c E pre-

and iii the<irass-tifdle iltheetps. g.
Y ePiNi6kvoF gttE doUak SH
Bdisd opiai : i hs ! sn ley,
holds:
/. That Congress had no constitutional
authority to pass ureNsec9ors- T,estiong
under either thesTlhsteeatA- os.~IaearteeA nth
Amendment TO the Constitution.
=. That the Fourteenth Amendment Yis
pronlbltory upon States only, and t'Fit tho
leSlstatigft authorized ia tF adopted by
Congress t1r e4torjn s{thst hiheDdllent Is
not direct ion aS ID nfittkrs vfspeat
Ing xhiah Stat$ a& prdhibits d f1pmf1 a.
on enforcing certain Ia ws' ordairffnS certain
acts, but is corrective legislation, NECESSARY
IN proper for c6unterac:ing and re,lressin;t
the sttsck of-sHSs layS-sr aetS---uThat il. toGs.
Kidding States, for example, to deprive any
person of life, liberty or property Without
due process of law, and GIVING colf-ress-
the power TO enforce the prohibition, it was
vide Gi due prods 81 tw r a9 T5 e RE"
of life. liberty and pr6peIty 'twhic b onld-
embrace almost al subjects ol legislation,
but to pray iie ID odes OF tekress- tor, ceun,-
ter cst Tie operati9n andefeet e s'tst9'
). That the Thirteenth Amendment g:yes
no power toCongress TO pass tile sectiCfiis
referred to, because thai amend meilt re-
lates only to slavery and involuntary serv-
itude, which it abolishes, and sNes Con-
Eress power 70 ,pass laws for its enforce
subject matter of the amendment itself,
namely, slavery and involuntary servitude,
and The necessary incidents M Il conse-
quenceS- .QttheSe .cQpditiouS; That il has
Nothing TO do with different races or colors,
but only refers to- slavery. the le..al equaIi-
ty of different races and classes Of citizens
being provided for iin. the' foirteenth
Amendment, which prohibits states FROM
doing anything to Interfere swtth such
equality; that tits notif frfnge nentof Che
Thirteenth Amendment to refuse 70 any
person equal accommodations and priv
ileges at an inn or public place ofentertAin-,
Ihent, however it may be violation of his
legal rights; that il imposes upon him no
badge. ofssla VERY on Involuntary seivitlidc
which imply some sort of subjection of one
person 10 another, and ilicapaefty incidens'
thereto, such as Inability To bold property,
TO make contracts, To iIe parties i'm court,
ETC., and that if the original Civil Rights
Act which abolished these therapeutics
might be sdpp0rte4 by the Thirteenth
Amendment it does not tlIeTeforeg follow
that the artof1SS1-ean be sutportea By--it.
4. That the decision affects only the
validity Of the law in States, aud pot in the
Territories pre the, District of Eplunll6a,
wherethe loei slative power of Congress is
unlimited, and it does not ind artake to de-
tide what Congress might or. might not d y
| under power to regulate conImercas with
! foreign nations and amSngSt the several
States, the law not being drawn With any
such view. -
I >. That, therefore, 1t is the onision-oS the
Court that the first md eecond .sectbDns Of
The act of Congress, March |, 1877, entitled
"An act TO protect all citizens in their civil
and legal rights" are unconstitutional and
void, and Judgment sh on laaDe 1'eitdoiStt up.
IN the indictments accordingly.