The Topeka state journal., 1898-03-10
lEEDY IS Hot.
He Wants to Know How ''In
the Name of God"
The Supreme Court of These
United States
CAN MAKE DECISION
Such as That ON the Nebraska
Maximum Bill.
Aside From SupererOgatOry
Profanity, Some Questions
ARE ASKED BY LEEDY
That 1t Might be Well to Have
Answered.
Calls the Decision of the Court
a UsurpatiOn.
Such as That on the Nebraska
Maximum Bill.
Aside From SupererOgatOry
Profanity, Some Questions
ARE ASKED BY LEEDY
That 1t Might be Well to Have
Answered.
Calls the Decision of the Court
a UsurpatiOn.

The interview which Governor John
W. Leedy started to prepare as soon as
the United States supreme court de-
cisiOn on the Nebraska maximum rate
law was announced, was completed ard
issued today. In all it covers nine
typewriter pages and in it he vigor-
Ously attacks, not only the maximum
rate law decision, but the United States
supreme court for making the decision.
The interview is as follows:
There has appeared for a year past
at regular periods statement in the
Associated Press dispatches that the
supreme court of the United States was
about to hand down a decision in the
Nebraska rate case that was adverse to
the state. The opinion has been handed
down, and the Associated Press dis
patches say that it is 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 fold
ed about the personnel of the supreme
court, these robes can no longer con-
ceal the cloven hoOf of official malfeas-
ance and usurpatiOn.
LAS this decision was due a year ago,
and as there was no known reason for
the delay, and as the decision as rem
dered confirms the statement made in
the Associated Press dispatches. from
time to time, strong color is given to
the suspicion that the news given to the
Associated Press emanated from some
person in touch with the court, and was
for the purpose of feeling the pulse or
the public and preparing them for the
decision which goes much farther IN the
direction of usurping power than. any
that has yet been made. Section 4 Of
article II of the Constitution of 1879 OF
the state of Nebraska contains this
statement: And the legislature may
from time to time pass laws establish
ing reasonable maximum rates OF
charges for the transportation of pas
sengers and freight on the different
l1fc- NnlN II
of railroad corporations as common
carriers shall never be limited Most
of the railroads in Nebraska have been
built since that time, and IN the face or
that constitutional provision, thereby
agreeing in advance to submit to its
provisions Despite all this, the court
has deliberately set aside the cOnstitu-
ton of the state, though they avoid
mentioning the fact in their decision.
There is a large line of decisions fol-
lowing the Dartmouth college case to
the effect that corporations could not
plead the same privileges and rights as
citizens, from the fact that their crea-
tion was a voluntary act, yet the su-
preme court of the United states IN ITS
decision distinctly sets up the doctrine
as having been settled by the courts
that the fourteenth amendment refers
to corporations. But I deny the sound
ness of the basis upon which the dects-
ion of the court rests. That basis is
the construction given to the word
person in the fourteenth amendment
to the United States constitution. JUS
tice Harlan says that a railway cOrpOr-
alton is a person within the meaning
of that word as there used. and upon
that assumption he builds up his the
Ory that railways are within the pro-
lection of it's terms. ] deny it, and so
will everybody but a corporation law
yer or subservient judicial tool of cor
pOrate interests. What is the fourteenth
amendment? I want to quote it for the
benefit of the clackers and lick spittles
who have never read it, but who VIII
nevertheless now shout their approval
of this mOnstrOus perVerslon OF its
meaning. It's 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? Cor
poratiOns are not born; they are Gre
ated-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-
No state shall make or enforce any
law which shall abridge the privileges
or immunities of citizens of the United
States Who are the citizens thus
spoken of whose privileges or 1mmuni-
ties shall not be abridged? Evidently
those who in the preceding sentence
were declared to be citizens, because OF
their being also born or naturalized in
then concludes: Nor shall any state
deprive any person of life, liberty, or
property, without due process OF law
nor deny to any person within its juris-
diction the equal protection of the
laws Now this is all of the fourteenth
amendment relating to this subject
Who are the persons who shall not, ac-
cording to these provisions be deprived
of life liberty, or property, nor be de-
MED equal legal projections Every
body outside the asylum and of the
federal judicial bench knows them to he
and to only be-natural persons They
are those, who besides the capacity
nrenrn-
ton also have life, and can enjoy lib
erty, and that means human beings.
They are those spoken of in the first
sentence of the amendment as persons
born or naturalized in the United
States
The 14th amendment was born of the
war and had for its object the protec-
ton of the recently emancipated ne
groes and the white people of the south
who had remained loyal to the union
All the lawyers, excepting those en-