Page:Federal Reporter, 1st Series, Volume 1.djvu/528

 C20 FEDERA.L EEPOETER. �In view of recent events transpiring in the city of San Fran- cisco, in anticipation of the passage of the statute now in question, which have become a part of the public history of the times, I deem it not inappropriate in this connection to call attention to the fact, of which many are probably una- ware, that the statutes of the United States are not without provisions, both of a civil and criminal nature, framed and designed expressly to give effect to, and enforce that provision of, the fourteenth amendment to the national constitution, ■which guarantees to every "person" — which term, as we have r.een, includes Chinese — "withiia the jurisdiction" of Califor- nia "the equal protection of the laws." Section 1979 of the Eevised Statutes provides a civil remedy for infractions of this amendment. It is as follows : "Every person who, under the 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 jurisdiction thereof, to the deprivation of any rights, privi- leges 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." �Thus a remedy by action is given to any "person," against any other person who deprives him of "any right, privilege, or immunity," secured to him by the constitution, even if it is done "under color of any statute, ordinance, regulation, custom or usage of the state." Possibly the prisoner might have been liable had he, in pursuance of the mandate of the statute in question, and on Uiat ground, discharged the China- men for whose employment he is now under arrest. But it is unnecessary to so determine now. At ail events, he stood between two statutes, and he was bound to yield obedience to that which is superior. �Section 5510 makes a similar deprivation of rights under color of any statute, etc., a criminal offence, punishable by fine and imprisonment. And section 5519 provides that "if two or more persons in any state * * * conspire indirectly, any person or class of persons of the equal pro- ��� �
 * * * for the purpose of depriving, either directly or