Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1898-03-18
Arraigned by the Kansas Pop
ulist Administration.
MAXIMUM FREIGHT RATE LAW
Nebraska Case Decision Was Palpa.
bly, WrOng-An Address Issued.

ciSm OF the recent decision of the (
United States supreme court in the Ne.
braska maximum freight case. The ad. +
dress is significant in that Governor
Leedy has already taken steps prelm.
mary to calling the state Legislature in
special session, with the especial pur.
pose Of cnacting q maximum freight !
rate law. While the address is given
out over the signature OF Governor
Leedy, it had first been approved by
Chief Justice Bosler, of the state su-
preme court and other prominent Pop
ulists. In giving the address to the (
reporters. Governor Leedy said:
''How long do you suppose a man can
write treason like this without getting +
into Jail? You may put my signature
to it and make it a signed statement, 50
that if anybody goes to Jail it will be (
me-"
The governor begins his address with
the statement that for year the press
dispatches have said that the opinion
in the Nebraska case would be adverse
to the state. Then he says:
Liz OpllllUIl IlttS DCcll uullubu uUW1,
and the Associated Press dispatches say
that it is clean victory for the rail-
roads. On the contrary, it is an un.
clean victory in every respect OF the
case, showing that no matter how care
fully the robes of justice are folded
about the personnel of the supreme
court, the robes can no longer conceal
the cloven hoof of official malfeasance
and usurpation. AS this decision was
due year ago, and as there was no
known reason for the delay, and as the
decision as rendered confirms the state
ments made in the Associated Press
dispatches from time to time, strong
color is given to the suspicion that
the press dispatches emanated from
some person in touch with the court,
and were for the purpose Of feeling the
pulse of the public and preparing it
for the decision which goes much fur.
ther in the direction of usurping power
than any that has been made"
The governor declares that the con-
stitution of Nebraska gives the legis.
lature power to establish maximum
charges for transportation, and de-
clared that the supreme court has tried
to abrogate it. He challenges Justice
Harlan's declaration that corporation
is person under the 18th amendment
to the federal constitution, and says:
81 deny it, and so will everybody
but corporation lawyer or a subserv-
,n,,t ,,,1ininl tpnl Of Int
ests."
Governor Leedy then quotes the 14th
amendment, and says:
"How, in the name of God, can this
apply to corporations? Corporations
are not born; they are created-made
by law. They cannot be naturalized;
they can take no oath of allegiance;
only human beings can do that"
After more in the same strain, the
governor, still referring to the 14th
amendment, says:
"Who are the persons who shall not,
according to the provisions. be deprived
of life, liberty or property, nor be de-
MED equal legal protection? Every
body outside the asylum and off the
judicial bench knows them to be-and
to only be-natural persons. They are
those who, beside the capacity to
hold property and enjoy legal protec.
ton, also have life and can enjoy lib.
erty, and that means human beings"
Continuing, the governor quotes
Hare on American Constitutional
Law" and a decision by Justice
Woods, of the United States circuit
court, afterward supreme court justice,
to prove that the l4th amendment does
not refer to corporations, and declares
that the Woods decision had been fol-
lowed in California, Rhode Island and
other states from 1870 to 1882, "when
Justice Field and another federal jus.
tice of the peace named Sawyer decided
the other way, and since then, when
ever corporation starts out to commit
highway robbery, pick mans pocket
or loot public treasury, it diguises it
self as person and goes out on It's
mission of plunder. Nobody but a
slave or knave will yield assent to the
hideous distortion of meaning which
Judge Harlan gives to the word per
son. as used in the l4th amendment,
and upon which he bottoms his inta-
nous decision, and which shows TO
what depths of iniquity the supreme
court of the United States has de-
scended."
81 desire" the governor said, :
quote some OF the decisions OF the su'
preme court of the United States before
it went into partnership with Morgan
Vanderbilt, Gould g. Co., in opposi'
tion to the opinion they hold in the
Nebraska case" (Long decisions by
Marshall in 1860 are quoted.
In conclusion, Governor Leedy states