The Advocate and news., 1898-03-16

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There has appeared for a year past
at regular periods statement in the
Associated Press dispatches stating that
the Supreme court Of the United States
was about to hand down a decision ad-
verse to the State In the Nebraska rate
case. The opinion has been handed
down and the Associated Press dis
patches say that it Is a clean victory
for the railroads On the contrary, it
Is an unclean victory in every aspect
of the case, showing that no matter how
carefully the robes of justice are folded
about the personnel Of the Supreme
court, these 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
ment made in the Associated Press dis
patches, 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 them for the de-
csion which goes much farther in the
direction Of usurping power than any
that has yet been made.
Section A Of article IL Of the cOnstitu-
tion of 1875 of the State of Nebraska
contains this statement: "And the Leg
islature may from time to time pass
laws establishing reasonable maximum
rates Of charges for the transportation
of passengers and freight on the differ
ent railroads in this State. The liability
Of railroad corporations as common car
riers shall never be limited" Most Of
the railroads in Nebraska have been
built since that time, and in the face
of the constitutional provision, thereby
agreeing in advance to submit to its
provisions. Despite all this, the court
has deliberately set aside the constitu-
tion Of the State, though they avoid
mentioning the fact in their decision.
There Is long line Of decisions follow
ing the Dartmouth college case to the
effect that corporations could not plead
the same privileges and rights as citi-
Zens, from the fact that their creation
was voluntary act, yet the Supreme
court Of the United States in its
decision distinctly sets up the doc
trine as having been settled by
the courts that the fourteenth amend
ment refers to corporations. But
/ deny the soundness of the basis upon
which the decision Of the court rests,
The basis is the construction given to
the word person" in the fourteenth
amendment to the United States con-
stjtutiOn. Justice Harlan says that
railway corporation is person" with
in the meaning of the word as there
used, and upon that assumption he
builds up his theory that railways are
within the protection Of its terms.
deny it, and so will everybody but cor
pOration lawyer or a subservient ju-
dicial tool Of corporate interests.
s-:--
What Is the fourteenth amendment?
Its opening sentence Is: "All persons
born or naturalized in the United States
and subject to the Jurisdiction thereof,
are citizens Of the United States and
of the State wherein they reside" 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 born elsewhere and removing
here can do that. This amendment next
declares: mo State shall make or en-
force any law which shall abridge the
privileges or immunities OF citizens OF
the United States" Who are the citi-
zens thus spoken Of whose privileges or
immunities shall not be abridged? Evl-
IDENTIFY those who In the preceding SEN