Professional Documents
Culture Documents
Constitutional
Law II
Date Made:
February 7, 2016
Digest Maker:
Ruth F. Melicor
Counsel for defendant argued that the non-Christian tribes were being
discriminated against.
The government wishes to guide these tribes into the path of civilization.
The guaranty of equal protection of laws is not violated by a legislation based on
reasonable classification
o Must rest on substantial distinction
o Must be germane to the purposes of the law
o Must not be limited to existing conditions only
o Must apply equally to all members of the same class
Act 1639 satisfies these requirements. The classification is real and substantial, not
based on accident of birth but upon the degree of civilization and culture. This
distinction is reasonable
It is germane to the purposes of the law to insure peach and order in and among
non-Christian tribes, since free use have resulted in crimes, not aiding the govt in
its efforts
Law is not limited in its application to conditions existing at the time of enactment.
It is intended to apply for all times as long as those condition exist. Legislation
understood that the civilization process is a slow one.
The act applies equal to all members of the class.
Second Issue:
The provision is not involved in the case at bar. Furthermore, notice and hearing is
not always necessary
Due process of law means simply:
o (1) that there shall be a law prescribed in harmony with the general powers
of the legislative department of the government;
o (2) that it shall be reasonable in its operation;
o (3) that it shall be enforced according to the regular methods of procedure
prescribed;
o (4) that it shall be applicable alike to all citizens of the state or to all of the
class.
Third Issue:
It is a proper exercise of police power. It is designed to promote peace and order
for the tribes, and remove obstacles for their growth.
It does not seek to mark them as an inferior race.
There can be no true equality under the law; when public safety or the public
morals require the discontinuance of a certain practice by certain people, the
intent of the Legislature cannot be stopped.
Private interests must yield to the interest of the nation
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Ruling
Judgment is affirmed, with costs against appellant.
Other Opinions:
NONE
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