Section providing punishment in case "two or more persons in any State * * * conspire * * * for the purpose of depriving * * * any person * * * of the equal protection of the laws * * * or for the purpose of preventing or hindering the constituted authorities of any State * * * from giving or securing to all persons within such State * * * the equal protection of the laws * * *," held invalid for punishment of conspiracy within a State—as not supported by the Thirteenth to Fifteenth Amendments.
United States v. Harris, 106 U.S. 629 (January 22, 1883).
In Baldwin v.. Franks, 120 U.S. 678 (March 7, 1887), an attempt was made to distinguish the Harris case, and apply it to conspiracy against aliens, though within a State, and held, the provision was not separable in such case.
20. Revised Statutes of the District of Columbia, section 1064 (act of June 17, 1870, 16 Stat. 154, ch. 133, sec. 3).
Provision that "prosecutions in the police court [of the District of Columbia] shall be by information under oath, without indictment by grand jury or trial by petit jury," as applied to punishment for conspiracy, held to Contravene article III, section 2, clause 3, requiring jury trial of all crimes.
Callan v. Wilson, 127 U.S. 540 (May 14, 1888).
21. Act of March 1, 1875 (18 Stat. 336, secs. 1, 2).
Provision "That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations * * * of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude"—subject to penalty, held not to be supported by the Thirteenth or Fourteenth Amendments.
Civil Rights Cases, 109 U.S. 3 (October 15, 1883), as to operation within States.
Butts v. Merchants and Miners Transportation Co., 230 U.S. 126 (June 16, 1913) as to operation outside the States.