Strauder v. West Virginia

Tue, 21 Oct 1879 13:00:00 +0000

Location

West Virginia General Assembly

16th and Market Street Wheeling WV 26003

Wheeling, WV 26003

United States

40° 3' 50.1444" N, 80° 43' 19.146" W

See map: Google Maps

Case Basics

Petitioner

Strauder

Respondent

West Virginia

Heard By

Waite Court (1877-1880)

Decided By

Waite Court (1877-1880)

Opinion

100 U.S. 303 (1880)

Argued

Tuesday, October 21, 1879

Decided

Monday, March 1, 1880

Facts of the Case

A West Virginia law declared that only whites may serve on juries.

Question

Does the state law barring blacks from jury service violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

Yes. Strong, writing for the majority, declared that to deny citizen participation in the administration of justice solely on racial grounds "is practically a brand upon them, affixed by law; an assertion of their inferiority, and a stimulant to that race prejudice which is an impediment to securing to individuals of the race that equal justice which the law aims to secure to all others."

Stone v. Mississippi

Thu, 04 Mar 1880 13:00:00 +0000

Location

Mississippi Agricultural, Educational, and Manufacturing Aid Society Warren County, MS

United States

32° 23' 56.2092" N, 90° 47' 28.7628" W

See map: Google Maps

Case Basics

Petitioner

Stone

Petitioner Type

Petitioner

Respondent

Mississippi

Respondent Type

Respondent

Heard By

Waite Court (1877-1880)

Decided By

Waite Court (1877-1880)

Opinion

101 U.S. 814 (1880)

Argued

Thursday, March 4, 1880

Decided

Monday, May 10, 1880

Facts of the Case

In 1867, the provisional state legislature of Mississippi chartered the Mississippi Agricultural, Educational, and Manufacturing Aid Society. The Society was chartered to run a lottery for the next 25 years; however, in 1868, a new constitution ratified by the people outlawed lotteries in the state. John Stone and others associated with the Society were arrested in 1874 for running a lottery. The Society claimed they were protected by the provisions of their charter while the state declared that the subsequent enforcement legislation had repealed the grant.

Question

Did Mississippi violate the Contract Clause by repealing the Society's grant?

Conclusion

A unanimous Court found that the Mississippi classification of lotteries as outlawed acts was valid. The State legislature do not have the power to bind the decisions of the people and future legislatures. The Court stated that no legislation had the authority to bargain away the public health and morals. The Court viewed the lottery as a vice that threatened the public health and morals. The contracts protected in the Constitution are property rights, not governmental rights. Therefore, one can only obtain temporary suspension of the governmental rights (in this case, the right to outlaw actions) in a charter which can be revoked by the will of the people.

Cases - 1879 term

Strauder v. West Virginia

Location

Stone v. Mississippi

Location