486 HASTINGS—POLICE POWER OF THE STATE. [June 19, 
the United States courts after one conviction had been had and 
reversed in the state courts. The indictment was quashed after 
such removal, on the ground that it had been found by a grand jury 
from which colored persons had been wrongfully excluded, and he 
was set at liberty. 
A new indictment was then found against him. He alleged the 
former proceedings and his discharge by the United States court. 
The plea was held insufficient ; the state court then ordered the 
sheriff to summon jurors without regard to race, and Bush again 
applied for a removal. This was refused. He was again found 
guilty, and his sentence affirmed by the Kentucky Court of Ap- 
peals, and by proceedings in error the case was taken to the federal 
Supreme Court. 
It appeared that the state statutes provided for only white jurors ; 
it also appeared that the state Court of Appeals, its highest tribunal, 
had held those statutes unconstitutional ; it was shown that a mo- 
tion to quash this second indictment, on the ground of the unlaw- 
ful exclusion of colored men from the grand jury returning it, had 
been overruled, The Supreme Court, in an opinion by Judge 
Harlan, held that in the absence of evidence it was to be presumed 
that the state officers followed the state statute, and that the jury 
was wrongly drawn, and the overruling of the motion to quash 
therefore erroneous. 
The next week was decided a case, 1Pace vs. Alabama, which 
held that the Alabama statute in providing one punishment for 
fornication between parties of the same race, and a severer one 
where one party was white and the other black, infringed no con- 
stitutional right. 
At the same time section 5519 of Revised Statutes of the United 
States was held unconstitutional in * United States vs. Harris. The 
section provided a fine for conspiring or going in disguise on the 
highway on another’s premises to deprive any person of the equal 
protection of the laws or of equal immunities under the laws, or to 
hinder the constituted authorities from securing to each person 
such equal protection. 
The defendants, Harris and nrc, had been indicted in the 
western district of Tennessee under this statute, and had demurred to 
the indictment; the judges had disagreed as to the case, and cer- 
1 106 U. S., 583 (1883). 2 Id., 629 (1883). 
