Harlan F. Stone

“ The unlawful administration by state officers of a state statute fair on its face, resulting in its unequal application to those who are entitled to be treated alike, is not a denial of equal protection unless there is shown to be present in it an element of intentional or purposeful discrimination. ”

“ All questions pertaining to the political arrangements of state governments are, no doubt, peculiarly outside the domain of federal authority. The disposition of state offices, the manner in which they should be filled and contests concerning them, are solely for state determination, always provided that the equality of treatment required by the Civil War Amendments is respected. ”

“ The protection extended to citizens of the United States by the privileges and immunities clause includes those rights and privileges which, under the laws and Constitution of the United States, are incident to citizenship of the United States, but does not include rights pertaining to state citizenship and derived solely from the relationship of the citizen and his state established by state law. ”

“ It is not to be resolved by abstract considerations such as the fact that every official who purports to wield power conferred by a state is pro tanto the state. Otherwise every illegal discrimination by a policeman on the beat would be state action for purpose of suit in a federal court. ”

“ State of New Jersey, 211 U.S. 78, 97, 29 S.Ct. 14, 18, 19, 53 L.Ed. 97, is a right secured by Art. 1, §§ 2 and 4 of the Constitution. See United States v. Classic, 313 U.S. at pages 314, 315, 61 S.Ct. at page 1037, 85 L.Ed. 1368 and cases cited; United States v. Mosley, 238 U.S. 383, 35 S.Ct. 904, 59 L.Ed. 1355. The Court pointed out that 'the indictment on its face does not purport to charge a deprivation of equal protection to voters or candidates,' 313 U.S. at page 329, 61 S.Ct. at page 1044, 85 L.Ed. 1368, and declined to consider whether the facts alleged could constitute such a denial. ”

“ American Sugar Refining Co., 241 U.S. 79, 86, 87, 36 S.Ct. 498, 501, 60 L.Ed. 899, or it may only be shown by extrinsic evidence showing a discriminatory design to favor one individual or class over another not to be inferred from the action itself, Yick Wo v. ”