Justice Harlan dissented against the Court's narrow interpretation of the Thirteenth and Fourteenth Amendments for all five of the cases. He argued Congress was attempting to overcome the refusal of the states to protect the rights denied to African Americans that white citizens took as their birthright. Private railroads (Olcott v. Supervisors). were by law public highways, and it was the function of the government to make and maintain highways for the conveyance of the public; that innkeepers have long been held to be "a sort of public servants" (Rex v. Ivens 1835 7 Car. & P. 213)John E. H. Sherry (1993) The Laws of Innkeepers, Cornell University Press who had no right to deny to anyone "conducting himself in a proper manner" admission to his inn; and that public amusements are maintained under a license coming from the State. He also found that the lack of protection from the 1875 Civil Rights Act would result in the violation of the Privileges or Immunities Clause of the Fourteenth Amendment, largely on the same grounds. Harlan J would have held the Civil Rights Act of 1875 valid, because people were left "practically at the mercy of corporations and individuals wielding power under public authority". His judgment went as follows.
Justice Harlan dissented against the Court's narrow interpretation of the Thirteenth and Fourteenth Amendments for all five of the cases He argued Congress was attempting to overcome the refusal of the states to protect the rights denied to African Americans that white citizens took as their birthright Private railroads (Olcott v Supervisors) were by law public highways and it was the function of the government to make and maintain highways for the conveyance of the public; that innkeepers have long been held to be "a sort of public servants" (Rex v Ivens 1835 7 Car & P 213)John E H Sherry (1993) The Laws of Innkeepers Cornell University Press who had no right to deny to anyone "conducting himself in a proper manner" admission to his inn; and that public amusements are maintained under a license coming from the State He also found that the lack of protection from the 1875 Civil Rights Act would result in the violation of the Privileges or Immunities Clause of the Fourteenth Amendment largely on the same grounds Harlan J would have held the Civil Rights Act of 1875 valid because people were left "practically at the mercy of corporations and individuals wielding power under public authority" His judgment went as follows