Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1898-03-17
NEBRASKA'S BLOW.
That u. S. Supreme Court De-
/. cision-NeW Construction
of 14th Amendment
To Fit a Railroad Rate Case
From a Western Sow
ereign State.
Gov. Leedy Of Kansas Has a
Few Words to Say
About It,.

About 1t.
TOPEKA, KAN, Mch. 16:-Gov. Leedy
0f this state has given out an address
of sharp criticism on the decision of the
United States supreme court in the
Nebraska maximum railroad rate case
which decision was made public on the
7th inst. The opinion was handed
down by Justice Harlan, who held the
Nebraska law to be contrary to the
Fourteenth amendment in that it
authorized the taking of property with
out due process OF law, and was there
fore invalid. The railroads won.
This case was instituted to test the
validity Of law passed by the Nebraska
legislature in 1893, prescribing the max
imum rates for the transportation Of
freight by railroads within the state.
: The act applies specifically to freight
whose transit begins and ends IN the
state and there was no effort in it's en-
,actment to control interstate freight.
The law was attacked by the
railroads on the ground that it
conflicted with the constitution OF
the United States. It was charged
that inasmnch as the law applied only to
state freights, it was discrimination
against them, and therefore against the
spirit of the fourteenth amendment to
!, the constitution. They oontended that
the maximum rate fixed was unreason-
able to the roads. It was also asserted
that the act interfered with interstate
commerce.
The fourteenth amendment Of the
United States constitution referred to
is:
All persons born or natu-alized IN the
United States and subject to the juris-
dlction thereof are citizens of the United
States and of the state wherein they re-
side. No state shall make or enforce
any law which shall abridRe the privi-
leges or immunlties of citizens Of the
United States. Nor shall any state de-
prive any person OF life, liberty or
property without due process OF law,
nor deny to any person within it's juris.
diotion the equal protection OF the
laws"
The State of Nebraska, through it's
officers. maintained the principle and the
right 0! q sovereign state, through it's
Legislature, to protect it's people from ex-
tortion or injustice in the matter of pub-
lie service by common carriers; and
maintained that the case was not one
which the federal courts could properly
take jurisdiction ever. The state was
turned down by the federal judges ap-
pointed to cit on the United States
bench, and the question OF reasonable.
ness left practically IN their hands, and
taken from the peopleof Nebraska where
i it has always supposed it belonged as q
constitutional and sovereign right. The
inference is also given that the state has
no right to regulate the cost Of transpor-
tation or other public service against
any rate that the corporation sees fit to
make and claim as reasonable based on
figures of cost OF road and operation
furnished by the corporation itself. The
water in stock on which ixed charges
are made and declared reasonable is not
considered under the courts decision.
Gov. Leedy's public address is signifi-
cant, 10 that be has already taken steps
preliminary to the calling OF the Kansas
legislature in special session, with the
especial purpose OF enacting 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
Doster OF the state supreme court and
other prominent attorneys. In giving
the address to the reporters Governor
Leedy said:
"How long do You suppose man can
write treason like this without getting
into Jail? You may put my signature to
1t aud make 1t q signed statement, so
that il anybody goes to Jail it will be l."
The governor begins bis address with
the statement that for a year the press
dispatches have said that the opinion in
the Nebraska case would be adverse to
the state and he insinuates that these
forecasts we're put out in advance by
persons connected with the court in or
der to feel the public pulse. Then he
says:
1.-THE opinion has been handed down
and the Associated Press dispatches cay
that it is clean victory for the rail-
roads. On the contrary, 1t ls an un.
clean victory IN every respect Of the
case, showing that, no matter how care.
fully the robes Of justice are folded
about tho personnel Of the supreme