The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1883-10-20
A SURPRISING DECISION.
The United states uprcme Court Pro
nounces the Civil Rights Act
Unconstitutional.
DECISION OF THE SUPREME COURT.

| WASHINGTON, Oc ia most important
| lecisiun rendered by the supreme cour. Of tic
| Tn ted States was that in the tive cases COM
| mouly known as the c.vii right cases " ich
we're submitted TO the court on printed al ga
mepls atouta year ago. The titles Of these
cases and S.at.s from which they come are AZ
folcw.;
| No l. United States against Murry Stanley,
From ai'ed States circuit court, district NJ nsas.
| No = United States against Michael Ryan,
From United States circuit court. district oil Can
| torua.
| No 3 United States against Samuel Nichols
From uni ed States circuit court, Western district
No 20 United States against Daniel y siugls.
| or. From United States circuit court, Southern
| district Of n " YORK.
| No. % Richard A. Robinson and Wife agains.
! The NJ. mphis IL Charleston Railroad COMPANY
| from United States circuit court, district OF Ten
| lessee
IIese cases were all based on the frs, and
sec und sections OF the civil rights act of 1878,
aud were respectively prosecutions under that
act for not admitting certain cJlored persons
ID equal accommodations and privileges III inns
or hotels, in railroad cars aud IN theaters. The
| defense set up, IN every case, the alleged un-
coLsttutionah,y of the law. The first aud sec
ond sections OF the act which were parts d.
| rectly IN controversy, are as follow:
| Elrst-All persons wlthu the iurlsdC'lcu OF the
Culed States shall be entitled 10 Ia. tut aul equal
enjoyment of accommod ltions, advantages, fare
anl privileges al inns. public conveyancrs on and
aud water, tLeaters and other places OF amusement.
,uJject only 10 conditions aud limitation, es,a
ished by law, aud applicable aliAe to ci,,zsns OF
! every race aud color, regardless OF any previous
! condition OF seryiuce
| SECONDARY person who violates the frst section
shah be liable 10 forelt 300 tor each Ufense TO
sc recuv red in civil acton, aud also TO penal y
II from 1900 10 y 900 fine, or Imprisonment from
thir days year. 10 be eutoI ced IN crin nal pros.
scu ions. Exclusive jursdc lou is gwen o tn. DIS
rcl aud circuit cours Of the United states In cases
| arising unde- the law, The rehls and
privileges claimed By. and denied TO col.
bred people IN these acts, were ful AM equal
! accommodations ia hotels. in ladies' cars on rail-
road trains, and in dress clrclos IN 'hcaiors The
our, in long and carefully prepared OPINION
hy Justice Bradley, holds
Fust-That congress had no constitution au
tnorty 10 pass tue sections III question, under
either The Thirteenth or Fourteenth amendment
- the Consti ulion.
Second-Ihat ne Fourteenth amen lment is pro-
libory upon the States only, and that legislation
.eerred 10 therein bs adopted by congrrss Tor
enforcing that am ndm mt j. no. direct legislation
oa a mater respecting which States
are prohibited from making or enior cling GER
tam avs ordering certain acts. but Is corrective
Leg s.a,,oa nesessary or pf9psr for eosnteT
or avs that IN forbddiDx States, for exam
pe,to deprive any person OF their liberty proper
without due process of law, and glviug congress
TO give congress power 10 provide du, process OF
law tor the protection OF life, berty and proper Y.
which won embrace siEoS all subjects
OF legis ston. but TO provide modes OF
redress for coun,eracting the operation
and effect Of State laws obnoxious to
prohioitlon.
Ihirl-Tha. the thirteenth amendmeut gives
no power to congress TO pass the sections referred
10 because that amendment relates only II slavery
ana Involuntary servitude winch 1t abolished aud
gives congress power TO pass avs for its enforce
ia nuly aNt Ia Z, In a. 81
u tier OF tie amendment itself nancy, slavery
and involuntary scryiluds and necessary incidents
and consequences those conditions: that it has
nothing TO do with different races or color, but
refers 10 slavery. Tie legal equality of different
races, ami closes Of ctizns being provided for IN
q fourteenth amendment, which prohibits States
from dong anything TO interfere with such equal
NS. that II Is no infringement on the thirteenth
amendment 70 refuse To any person equal accom-
modaiuns and privileges In an inn or placJ Of pIo-
lie enertanm- ut however u may be viola ion Of
his legal nlhIs. that 1t imposes upon Ii III no
badge OF lavery or invo untary seryltude. which rs
slmpy some sort OF sui lrctun of one person 20
another and incapac,ty Incidental thereto. such as
n&hutv 10 mold properly. TO make contracts, TO be
par"s IN court, c., and that II the original civil
rghis act, winch abolished these inca pacitles, might
be suuposteI by tho thirteenth amendment, II does
DOT therefore follow hat the act or l SO can %
supported bg II,
tourh--ILa; this decision affects oay the valid
ty OF the law IN The at"s, an not 10 the Terrific
flcs or Ds'Gct ot Columbia, where the legislative
ruw"r Of ,ugreSs is ualmtad, aud it does not un-
deriase 10 decide what congress migAt or mgHt
not DO under the power 10 regulate commerce with
torcIgu hatons apd amongst tae several Saes, tue
liw not bong drawn wi, IA auv such power.
fih-2nat, Therefore. it IL the oliDiun Of the
court that the first ana second sections f the ac Of
March !. 1879 enti ID An act 10 ptotect all citl-
IN, IN ibrr cv ami legal rights" are uucous,itu-
u 'na, AL Judgment should be rendered upon in
Q.c III MS aCcorui.sly.
Al The conclusion Of the reading OF Justice
BfsdDey's opinion, which occupied moro than
all hour, Justice Harlan said, under ordinary
circumstances and in an ordinary case, he
should he-itate TO set up his individual opinion
Ia opposition TO that Of his eight colleagues,
but IN view OF what lie thought the people OF
this cou try wished to accomplish what they
tried to accomplish and that they believed they
| al acco mD.Ished by aus Of this legi Ia
ii II, lie must express his dissent from the
op n on Of the court He had no; had time
since heariug that opinion TO prepare o state
ment Of his grounds II dissent but he should
! revsre and iils one as soJn as possible, and
IN the meaatms desired 10 put upon record
tlis expression Of his individual judgment