The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1883-10-25
A SURPRISING DECISION.
The United >tates upreme Court Pro
nOunces the civil Rights Act
Unconstitutional.
DECISION OF THE SUPREME COURT.

DECISION OF THE SUPREME COURT:
WASHINGTON, DC ia most important
dec,sl.n rendered by The supreme cour. Of the
On. ted States was that in the i've cases com.
mvuly known - the civil right cases, witch
were submitted to the court on printed argu-
meu,s ABOUT year ago. The titles OF these
ca >es and States from which they come are a.
follows:
No. l. United States against hurry Stanley.
From States circuit court. district OF k!nsas
NJ. z. United States against A.ichael RYAN
From United State. circuit court district Of Cali
turuia
No. g. United States against Samuel Nichola
From Uni. ed States circuit court, Western district
VI Missouri.
No. 26. United States against Daniel D. Single.
ton. From United States circuit court, Southern
No. rs. Richard a. Robinson and Wife against
Inc NJ. mphis g. Charleston Railroad Company.
rom United States circuit court district OF Ten.
,-sSee.
these cases we're oil based on tho first aud
se. ond sections of tie civl rights act Of 1875,
| aud were respectively Prosecutions under that
act for no. admitting certain colored persons
t., equal accommodations and privileges IN inns
ur hvtel,, III railroad cars aud III thealers. The
I aefense set up, IN ave'y case, the alleged uu-
Constitutional y Vt tue law. The 6rst aud Sec
| ond sect.ous OF the act, which were paris di-
rectly IN controversy, are as follows:
Firs'-All persons within the jurisdiction Of the
United States shall 10 entitled 10 lac tui and eouai
enjoyment of accummou .tiOus. advantages. fare
an privileges at inns. pubic conveyauces sand
aud water, theaters anu other places u amusement.
| -uject only to CONDITIONS aud limitations Is NJ.
| l!shed BY law, aud applicable alAe to ci lions OF
svery race aud color, regardless of any previous
condition OF serviluGe.
SECONDARY person who violates the flrs. section
shalt 10 liable 10 for.elt SOW tor EACH ufense. to
ue recov red in civil action. aud also to penal =
| u from $500 10 = 900 hne or imprisonment from
tniry days year. to b. enlol ecu III criminal pros"
IONS Exclusive jurisd'c ion is given to the dis
rc' and circuit courts OF the United states in Case.
! arising uuue- the law. The rights and
privileges claimed by. and denied TO col.
ured people in these acts. were tul AMI equal
accommodations in hotels. in ladies' cars On rail-
ROAD trains, and in circles IN tneaters. The
| court, in a long and carefully p-epared opinion
! ny Justice Bradley, holds:
| Frst-That congr.ss bad no constitution l au-
t.orly to pass the sections IN question. under
s.,ner the Thirteenth or Fourteenth amendments
~ Tho consti, utlOn.
.cun,,-lhat ne Fourteenth amendment is pro-
oibitory upon the States only and that legislation
referred to therein to b. adopted by congress for
enforcing that .uum mt j. no: direct leg slation
on matter respecting which States
are prohibited from making or enfor CHG GER
tam avs ordering certain acts. but IL corrective
Ion Or tor counter
or laws that In forbiddiug States, for exam
ple.to deprive any PERSON Of their liberty proper
without due process Of law. and giving cong e'ss
-
to give congress power to provide du, process OF
law tor the protection of life, liberty. and pronsr
which wou embrace almost all sS oj'ct.
and ettec: Of STATE laws no eDuo9 nssG to
Thirl-That tho thirteenth amendment gives
no power to congress pass the sections referred
10 because that amendment relates only to slavery
and involuntary servitude whicn it abolished aud
gives congress power to pass laws for its enforcs
ment. That this power only extends to the subj ct
NJ ,tter of the amendment itself nancy, slavery
aud invountar' servi' ude and necessary incidents
and con equences those conditions: that it has
moi hing 10 do With different races or color, but
refers TO slavery. Tie legal equality of different
races. aud CLASSES OF citizens being provided for in
tic fourteenth amendment. which prohibits States
from doing anything to interfere with such equal
ity; that it Is no infringement on the thirteenth
amendment to refuse to any person equal accom-
modaions and privileges Ii an inn or place of pub
tic entertainment however it may be . viola ion of
his legal rights: that it imposes upon HIM no
badge OF slavery or invo untary servude, which is
simply some sort OF suhj~ct'n of ono prrson to
another and ihcapacIly Incidental thereto such
inability to hcld property to make contracts to be
parties in COURT c., and that it the original civil
rights act which abolished these inca pacies, 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 the valid
ity OF the law in the at"s. ant not in the Terrific
RES or District OF Columbia where the legislative
power OF ,uZress is unlimited. and it does not un
not do under the power to regulate commerce with
foreign nations aud amongst the several Staes, the
| law not b.ing drawn with any such pnwer
F tth-Tuar, therefore, it Is the opinion Of the
court that the first and second sections # the &C: OF
March l. 1879. emit, I'd IAN act protect all CT l.
! z-n> in 1h"lr civil and legal riguts unconstu-
| ti"nal. anl judgment should be rendered upon in-
dc m-n. Accordingly.
At The conc usion OF tho rcadin. of Justice
| BrAdiey's opinion, which occupied moro than
| an hour, Justice Harlan said, under ordinary
| circumstance and in an ordinary case, he
| should he-itate to set up his individual opiuion
| i'll opposition to that of his eight colleagues,
ba. IN view Of what he thought the people Of
| this cou try wished to accomplish, what they
tried to acc,'ml lsh and that they believed the,
"a accomplished by m+aus Of this legi la
| in, LIE must express his dissent frou, the
| p n on If the court. He had not had tame
| ~ince hearing that opinion TO prepare q state.
ment of his round. If dissent, but he shoulc
Yspace and hls one as Sn,u a. possible, anu
in five mea"tlms desired 10 put upon RECORD
this expression Of his individual Judgment