Page:Federal Reporter, 1st Series, Volume 1.djvu/490

 482 FEDERAL REPORTER. �FotJETEENTH Amendaient to National Constitutioiî.— The provisions of article 19 of the constitution of Califoraia, and eaid act of the legis- lature passed to enforce it, prohibiting the employment of Chinese, are also in contlict with the provisions of the fourteenth amendment to the constitutioja of the United States, and are void on that ground. �Bamb. — Said provisions are inconflict with that part of the said fourteenth amendment which provides that no state shall deprive any person of life, liberty, or property, without due process of law. �Samb.— They are also in conflict with that portion of said amendment which provides that no state shall deprive any person within its juris- diction of the equal protection of the laws. �Chinbse or Mokgolians, residing within the jurisdiction of Galifornia, are " persons " within the meaning of the term as used in the said four- teenth amendment to the constitution. �Sections 1977 and 1978 of the Rbtised Statutbs of the United States were passed in pursuance of said fourteenth amendment, and to give it elïect ; and said constitutional and statutory provisions of the state of Galifornia are in conflict with said provisions of the Revised Statutes. �DiscBiMiNATiNG LEGISLATION by a state against any class of persons, or against persons of any particular race or nation, in whatever form it may be expressed, deprives such class of persons, or persons of such par- ticular race or nation, of the equal protection of the laws, and is pro- hibited by the fourteenth amendment. �This Inhibition of thb Fotibteenth Amendment tjfon a State applies to ail the instrumentalities and agencies employed in the administration of its government ; to its executive, legislative and judicial depart- ments, and to the subordinate legislative bodies of counties and cities. �Powee over Corporations. — Where the state legislation, under its re- served power to alter and repeal charters of corporations, comes in con- flict with valid treaty stipulations, and with the constitution of the United States, it is void. - �Samïï. — Where the policy of state legislation, under its reserved power to alter or repeal charters of corporations, does not have in view the relations of the corporations to the state as the object to be effected, but seeks to reach the Chinese and exclude them from a large fleld of labor, the ultimate object being to drive them from the state, in violation of their rights under the constitution and treaty stipulations — the dis- criminating legislation being only the means by which the end is to be attained — the end sought is a violation of the constitution and treaty, and the legislation as such is void. �Unlawfot. Object. — Where the object sought is unlawful, it is unlaw- ful to use any means to accomplish the object. �Unconstitutional Act. — That which caunot be constitutionally dono directly, cannot be donc indirectly. ��� �