![]() ![]() (a) The Acts of 18 are not inconsistent with the Acts of Congress of 18, and they survived the latter Acts. Held: The Acts of 18 survived subsequent changes in the government of the District of Columbia and are presently enforceable, except that the Court does not reach the question whether the 1872 Act was repealed by the 1873 Act and leaves that question open on remand of the cause to the Court of Appeals. Each Act makes it a crime to discriminate against a person on account of race or color or to refuse service to him on that ground. Of the Legislative Assembly of the District of Columbia, June 20, 1872, and the others charging violations of the Act of the Legislative Assembly of the District of Columbia, June 26, 1873. The information was in four counts, the first charging a violation of the Act In a criminal proceeding in the District of Columbia, respondent was prosecuted for refusal to serve certain members of the Negro race at one of its restaurants in the District of Columbia solely on account of the race and color of those persons. Within the meaning of 18 of the Organic Act of 1871, the "rightful subjects of legislation" to which the legislative power of the District of Columbia government extended was as broad as the police power of a state, and included a law prohibiting discriminations against Negroes by restaurants in the District of Columbia. 17 of the Constitution, empowering Congress "To exercise exclusive Legislation" over the District of Columbia, the word "exclusive" was employed to eliminate any possibility that the legislative power of Congress over the District would be deemed concurrent with that of the ceding states and it does not make the power nondelegable. (c) The Constitution does not preclude delegation by Congress to the District of Columbia of full legislative power, subject to constitutional limitations to which all lawmaking is subservient and to the power of Congress at any time to revise, alter, or revoke the authority granted. (b) The power of Congress over the District of Columbia relates not only to "national power" but to all the powers of legislation which may be exercised by a state in dealing with its affairs. 17 of the Constitution to grant self-government to the District of Columbia is as great as its authority to do so in the case of territories. 17 of the Federal Constitution, Congress had power to delegate its lawmaking authority to the Legislative Assembly of the municipal corporation created by the Organic Act of 1871 for the government of the District of Columbia.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |