The herald., 1893-08-01

difference between the case OF citizen
and that of an alien friend whore his
rights are openly violated"
In the case OF All Kow vs.. Nunan, B
Sawyer, boz, Mr.. Justice Field, referring
to the fourteenth amendment OF the
constitution Of the United States, said:
THAT amendment in its first section de-
clares who are citizens OF the United
States, and then enacts that no state
shall make or enforce any law which
shall abridge their privileges and i'm.
munities. 1t further declares that no
state shall deprive any person (drop.
ping the distinctive term citizen( OF life,
liberty or property, without drs pro-
cess OF law. or deny to any person the
equal protection of the laws. This in
hibition upon the state applies to ali the
instrumentalities and agencies en-
ployed in the administration OF Its gov
ernment, to its executive, legislative and
judicial departments, and to the
subordinate legislative bodies of
counties and cities. And tho
equality of protection thus assured to
every one whilst within the United
States, from whatever country he may
have come, or of whatever race or color
he may be, implies not only that the
courts of the country shall be open to
him on the same terms as to all othefs
for the security OF his person or prop
erty, the prevention or redress OF wrongs
and the enforcement OF contracts; but
that no charges or burdens shall be laid
upon him which are not equally borne
by others, and that in the administra-
ton of criminal justice he shall suffer
for his ofenses no greater or different
punishment.
''Since the adoption Of the fourteenth
amendment, congress has legislated for
the purpose OF carrying out itu pro-
visions in accordance with these views.
The revised statutes re-enacting pro-
visions Of law passed in 1870 declare
that all persons within the jurisdiction
OF the United States shall have the
to make and enforce contracts, to sues
full and equal benefit of all laws and
PROCEEDINGS for the security OF persons
and property az is enjoyed by white
citizens, and shall be subject to like
punishment. pains, penalties, taxes,
licenses and exactions Of every kind,
and to no other (Sec. 1879 They
also declare that every person who, un-
der color of any statute, ordinance,
regulation, custom or usage OF any state
or territory, subjects, or causes to be
subjected, any citizen OF the United
States, or other person within the jnris-
diction thereof, to the deprivation OF any
rights, privileges or immunities secured
by the constitution and laws, shall be
liable to the party injured in an action
at law, suit in equity or other proper
proceeding for redress (Sec. 1879
''It is certainly something in which .
citizen of the United States may feel q
generous price that the government Of
his country extends protection to all
persons within it's jurisdiction; and that
every blow aimed at any OF them, how
ever humble, come from what quarter it
may, is caught upon the broad shield
of our blessed constitution and our equal
laws.'i1 .1E
The invalidity Of that portion Of sec.
| ton of the Geary act providing for the
imprisonment at hard labor for period
of not more than one year Of the Chi.
nese person or person OF Chinese de-
scent found and adiudged to be unlsw-
fully within the United States does not.
however, affect the deportation clause
of the section nor any Of the other pro-
visions of the act. There 10 no neces.
sary connection between the deportation
of the person, and his imprisonment at
hard labor for one year, or for any less
time The unconstitutionality Of an
independent clause OF statute does not
render unconstitutional the remainder
of the statute.
From the views above expressed it
results that that portion OF the order of
the commissioner directing that the de-
fendant be imprisoned at hard labor in
| the state prison at San Quentin for two
| days should be annulled, and that in all
other respects the judgment and order
| should be affirmed.
|, Ordered accordingly.