River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1883-10-25
A SURPRISING DECISION.
The United States Supreme CGart Pro
nounees the Civil Rights Act
unconstitutional.


WASHINGTON, Oct ia most important
decision rendered by the supreme court of the
United States was that in the five cases COM
monty known as 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. i. United States against hurry Stanley
From United States circuit court district OF Kansas
No. 2. United States against Michael ryan
From United States circuit court district Of CAL
No. 8. United States against Samuel Nichols.
From United States circuit court, Western district
No. 80. United States against Daniel D. Single
ton From United States circuit court, Southern
No. 90. Richard A. Robinson and Wife against
TIE Memphis e. Charleston Railroad Company.
From United States circuit court, district OF Ten
These cases were all based on the first and
second sections Of the civil rights act of 1879,
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 10 theaters. The
defense set up, in every case, the alleged IN
constitutionality of the law. The first aud Sec
ond sections of the act, which were parts dl-
rectIy in controversy, are as follows:
First-Au persons within the jurisdiction of the
United States shall be entitled to the tu anu equal
euioyneut of accommodations, advantages, fare
and privileges at inns. public conyeyances on lana
and water, theaters and other places OF amusement
subject only to conditions and limitations estao-
tished by law and applicable anNe 70 ciIlzsas OF
every race aud color, regardless OF any previous
condition of servit0Ge.
Secondary person who violates the hrst section
shall be liable to forfeit 5000 for each oHense 10
he recovered in civil action, aud also to penalty
of from $500 to 81, 900 hne or imprisonment from
thirty days year to be enforced IN criminal pros
ecutions Exclusive jurisdiction is given TO the ois-
trc and circuit courts Of the United states In cases
arising unde. the law. The rghts anu
| privileges claimed by, and denied 10 col
ored people in these acts, were ful and equal
accommodations in hotels, in ladies' cars on rail-
road srains and in dress circles in theaters Inc
| court, in long and carefully prepared oplnlon
| by Justice Bradley, holds:
| First-That congress had no constitutional au-
thority to pass the sections in question. undei
either the Thirteenth Fourteenth amendment
| Second-That Inc Fourteenth amendment is pro-
aibitory upon the States only. and that legislation
referred to therein to be adopted by congress for
enforcing that amendment il not direct leg slatlon
| on matter respecting which States
are prohibited from making or enfo cling GER
tain laws ordering certain acts, but Is corrective
| Legislation necessary or proper for counter
acting and redressiug the effects OF such law
| or laws that in forbidding States, for exam
pleto deprive any person of their liberty property
without due process of law. and giving congress
power to enforce prohibition. il was not intended
to give congress power to provide due process OF
law for the protection Of life, liberty, and property
which would embrace almost all supJecIs
| of legislation, but to provide modes oil
redress for counteractiug the operation
and effect of State laws obnoxious to
Third-That the thirteenth amendment gives
power to congress to pass the sections referred
to because thai amendment relates only to slavery
| and involuntary seryitude which Il abolished ana
Gives congress power to laws for its enforce
ment. That this power only extends 10 the sue1ect
matter OF the amendment itself namely, slavery
and involuntary servitude and necessary incidents
| and consequences those conditions; that 1t has
| nothing to do With different races or color, put
\ refers to slavery. The legal equality of different
races, and classes of citizens being provided Tor IN
/ tile fourteenth amendment, which prohibits states
from doing anything to interfere with such equal
ty; that it is no infringement on the Thirteenth
| amendment to refuse to any person equal accom-
modations and privileges in an inn or place or pup
! lie entertainment however it may be violation OF
| his legal rights: that it imposes upon nm no
badge of slavery Involuntary servitude, which is
| simply some sort Of subjecton of one person to
another and incapacity incidental thereto sucn as
inability to mold property TO make CONTRACTS 10 De
parties in court etc, and that II the original clVll
rights act which abolished these incapscites might
4 be supported by the thirteenth amendment, 1t does
not therefore follow that the act or 1870 can Do
Fourtb-That this decision affects only the valid
fly of the law in the States and not in the Terrific
/ RES or District Of Columbia where the legislative
mower Of congress is unlimited aud it does not I'M
| dertake to decide what congress might or might
not do under the power to regulate commerce. win
foreign nations and amongst the sevsrat States, the
| law not being drawn with any such power
Fifth--That, therefore, it is the opinion OF the
court that the first and second sections Of the act OF
March !, 1873, entitled An act 70 protect all cit-
zsns in their civil and legal rights. are unconstu-
| tional. and judgment should be rendered upon in
| dement's accordingly.
| At the conclusion of the reading of Justice
Bradleys opinion, which occupied more than
| an hour, Justice Harlan said, under ordinary
circumstances and in an ordinary case he
| shduld he4itate To set nm his individual opiuiOn
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-
| ton, no must cypress his dissent from the
| opn,on Of the court. He had not had time
| since hearing that opinion to prepare a state
ment of his grounds Of dissent, but he should
| prepare and file one as soon as possible, ant
in the meantime desired 10 put upon reeorC
| this EXPRESSION of his individual Judgment