Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1898-03-17

oesl the cloven hoof of official mslfess-
ance aud usurpatlon."
The governor declares that the con.
stitutlon Of Nebraska gives the leRisla.
ture power to establish maximum
charges for transportation and that the
supreme court has tried to abroeste it,
He challenges Justice Harlsn's declara.
ton that corporation is person under
the fourteenth amendment to the fede.
raj constitution. and says:
Il deny 1t, and 80 will everybody but
corporation lawyer or subservient
judicial tool of corporate interests"
The governor quotes tho fourteenth
amendment and its reference to persons
and asks:
"How can this apply to corporations?
Corporations are not born. they are
created-made by law. They cannot be
natural'zed; they can take no oath Of
allegiance: only human beings born else
where can do that"
"Who are the persons who shall not,
according to these provisions, be de-
prived of life, liberty or property. nor be
denied equal legal protection? Every.
body outside the asylum and off the
! federal jndlcial bench knows them to
be-and to only be-natural persons.
They are those who, besides the capao-
ity to hold property and enjoy legal pro.
lection, also have life and can on Joy
liberty, and that means human beings"
Continuing, Governor Leedy quotes
Hare on American constitutional law
and decision by Justice Woods Of the
United States circuit court, atterward q
supreme court justice. to prove that the
fourteenth amendment does not refer to
| corporations, and declares that the
Woods decision had been followed in
California, Rhode Island and other
states from 1870 to 1882, "when Justice
Field and another federal justice of the
peace named Sawyer decided the other
way.
The governor declares the distortion
of the meaning OF the word 'person" on
which the decision IS based is something
no one will assent to unless he desires
The rights of the public transferred to
tho dlctation OF capital and concentrated
wealth, represented IN the corporations
owning and operating the railroads OF
the states in a manner contrary to state
laws.
II DESIRE" the governor continues, Ito
quote some of the opinions of the su-
preme court OF the United States before
1t went into partnership With Morgan,
Vanderbilt, Gould & Co., in opposition
to the opinion it holds in the Nebraska
case"
Long decisions by Justice John Mar
shall IL 1880 are quoted In conclusion
Governor Leedy states that his maxi
mum rate bill will be presente to the
Kansas Legislature in such shape that to
| decide against it the court must reverse
its decision 10 the Nebraska case, and be
states that "if the court still pnrsues the
corrupt and rotten practice that 1t has
heretofore, by changing ite decisions to
suit the shifting interests of the railroad
corporations" the remedy will be with
the people in their dealings with
the courts or in building railroads of
their own.
THE NORTH DAKOTA RATE CASE.
In q recent letter to tho press Score
tary Phelan Of the North Dakota rail-
road commissioners saye the Nebraska
decision, il at all, affects this states case
fsvorsbly. There is nothing in the de-
cision unfavorable to North Dskots's
law and the commissioner efforts to se.
cure reduced freight rates.
In making the schedule Of reasonable
maximum rates that was enjolned by
Judge Amidon,' Mr.. Phelsn says, 1.-The
commissioners guarded against every
point that the supreme court has found
unfavorable to the State OF Nebraska.
The only point to be decided by Judge
Amidon is the reasonableness of the
rates.
In adopting rates 40 to 70 per cent.
higher than Iowa rates, for North Da-
kots; IN adopting rates that IN every in
stance correspond with rates existing in
Minnesota where they have been suc-
cessfully in practice and profitable to the
IouIOoA OOuPouicoS ~ OooAAy O'oAy Au-
stance where question of fairness wss
involved, the commissioners have aimed
to adopt such rates as would stand the
test Of reasonableness, and such rates as
the court IN possession Of the evidence
as applied locally, could not help recoR-
nizinG ss reasonable and just.
"The injunction az planned by the
railroads involved an appeal to the gu.
preme court in event Of Judge Amidon
making bic Injunction permanent. IT
Judge Amidon refuses to make his in.
junction permanent on bshsif Of the
railroads, Nsrth Dakota rates, according
to our constitution, must 60 into effect
pending appeal. On the other hand il
Judge Am,don makes bis injunction
permanent, the commissioners do not
nave to appeal to Washington; because
il Anidon makes his injunction perma.
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