The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1898-03-18


lses1y yesterday gave out q statement
applying the recent decision Of the su-
creme court IN the Nebraska maximum
freight rate case 70 the Kansas sftua-
ton. In his statement the governor
handles the supreme court most vigor-
czsly and makes the assertion that It
has been unduly Influenced by the cor
pOratlons- The governor saws.
Railroads VIA al UneIeau Fsesory.
Ehere has appeared for 3 year past at regu-
ler periods q statement IL the Associated press
dispatches that the supreme court OF the
United Stsses vas about 20 hand down q deci-
sen IN she Nebrasza rate case that vas ad-
Ferss g the state The opinion has been hand
81 dcEu. EnG the Associated press dispatches
sag that 30 IS q clean victory for the railroads
o. ne contrary, e = an unclsan victory IN
sFe-y aspect o. the case showing that no nat
e bow carefully the robes Of justice are fold
ca a6olt the personnel OF the supreme court
t1css robes can no longer conceal the cloTen
1ccl q oficial malfeasance and usurpation
- MS decision was due year ago, and as
mere vas no known reason for the delay and
a. the decision as rendered confirms the state
neat made In the Associated press dispatches.
from sims 70 time sEong color is given 20 the
s1zr-ci1n thai the press dispatches emanated
RON some person In touch with the court and
vas Ter the purpose q feeling the pulse Of the
pubic and preparing them Tor the decision.
which goes much further "a the direction q
usu-Ping power than any that has yet been
seotion : Of articIs IL Of the constitution Of
$50 % the state Of Nebraska contains this
Etatemeu1- And the legislature nay from
tine % time pass laws establishing reasonable
n1Ltr1ru rates OF charges for the transporta-
tlcn o. passengers and freight on the different
r1ilrosds in this state he liability o. rail-
road corporations common carriers shan
Aerrasza have been built since that time and
a. the face q that constitutional provision.
thereby agreeing in advance 20 submit 70 its
provisions Despite al this. the court has de-
libsratel5 set aside the constitution q the
ssats. though the court avoids mentioning the
fact IN its decision
Basis OF Decision Not q sound one
There IS long line o. decisions following
the Dartmouth college case 60 the eject that
corporations could nOt plead the same priTi-
ieEss and rights IS citizens. from the fact that
their creation was voluntary act. yet the su-
rreus court Of the United States n its decision
distinctly sets up the doctrine as having been
settled b. the courts that the fourteenth
amendment refers 70 corporations But deny
the soundness q the basis upon which the de-
sisi0n OF the court rests That basis is the
construction given 70 The word person IN the
fourteenth amendment 70 the United States
constitution
Justice Harlan says that railway corpora
ton Is e person" within the meaning OF that
Eo-d as there used, and upon that assumption
he builds up his theory that railways are with
VII everybody but a corporation lawyer OF a
subssrTient judicial tool Of corporate interests
What is the fourteenth amendment I want
20 quote It for the benefit OF the clacksrs and
lex 5pirtles who have never read IL. but who
win nevertheless now shout their approval OF
1his monstrOus perTersiou o. its meaning. It's
opening sentence IS. All persons born OF
nzruraizsd IN the United States. and subject
United States and OF the state wherein they
reside"
Corporations Created, Not Born
How IN the name OF God can this apply to
corpor1tionsf Corporations are not born they
are crested-made By law. They. cannot be
naturalizsds they can take no oath Of ale
glance only human beings born elsewhere and
rsmnving here can do that This amendment
next declares NO state shah make OF enforce
an7 law which shall abridge TIE privileges OF
Immunities Of citizens OF the United States -
Who are the citizens thus spoken OF whose
privileges OF fmmunitfes shall not be abridEeds
Evidently those who In the preceding sentence
we're declared to be citizens. because OF their
Being also born OF naturalizsd in the United
States The amendment then concludes Nor
shan any state deprive any person OF life. lib
srtT OF property, without due process Of law,
nor deny to any person within its Jurisdiction
the equal protection Of the laws Now this is
al o. The fourteenth amendment relating to
tEis subject
Who are the persons who shall not, accord
ing 70 these provisions, be deprived OF life. lib
lsctfong Everybody outside the asylum and
OF the federal judicial bench knows them TO be
and 70 only be-natural persons They are
nose who. besides the capacity 70 hold prop
ertT and enjoy legal protection, also have life.
and can enjoy liberty, and that means human
beings They are thO1e spoken OF In the first
sentence OF the amendment persons born
OF naturalized IN the United States"
The fourteenth amendment was born Of the
Ear. and had for IT'S object the protection Of the
recentiy emancipated negroes. and the white
reou1e Of the south who had remained loyal 20
the union Al the lawyers excepting those
engaged fl the business % making law for
separations, say this
HeanInE OF EouFteenfh Amendment.
lTr Hare IN his work on American constftu-
sIcnal law, says. the main object OF this
amendment IS clear. Il is 70 render AL persons
barn O. natuFslized in the United States, and
sspsciaily the recently emancipsted negroes.
cltizsns Of the United States and q the state
wherein they reside. and also 70 AFFORD the pos
sezsors Of such citizenship sn efectual gusrsn-
tee sgaiRst arbitrary OF unequal legislation on
tEs part o. several states The amendment
Vas adopted in fse8. and nobody dreamed that
- had any application 70 corporations until an
Insurance company down In Louisiana tried TO
1raWl under its protection snd cover upon the
rro1zd szat Il vas person" MF. Justice
woods. Of the United States circuit court who
sEleEusrd went upon the United States su-
rrsms bench. spurned Il away, saying
scrly natural persons can be born OF nstural-
La or liberty 50 that ft IS clear that artificial
PERSONS are excluded from the provisions o.
TIE drst two clauses Just quoted II We adopt
the construction claimed By complainant We
mast hold that the word person. where IL oc-
crrs the third tine IN this section. has wider
and more comprehensive meaning than Fl the
c.ser clzuzes OF the section where Il occurs
I1ls would oe q construction for which We md
No warrants in the rules OF Interpretation The
plain and evident meaning o. she section Is
tnat the persons 70 whom the equal protection
- ne law IS secured are persons bora OF
rzturalized or endowed with life ana 4bsTty,
1nd consequently natural and not artificial per-
me corporation lawyers win md this case
raraFsed IL FIRST Woods, Il s Circuit Report
r-sa 81" That decision was made IN 1870, ana
st reuaizad the unquestionsd law followed by
r-tifcrnia. Rhode Island and other states. and
- ne fedszal courts until -1sea. when Judge
esd ana another federal Justice o. the peace
ez Sawyer decided th5 other way and sincs
lssa UheEsVere corporation starts ont g con
rle hig1Way robbe-ys pick mas POCKET OF
public treasury. 3 DISCUSSES itself e. q
scae endzcss 0ut On 1z1nlssion q plunder-