The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-03-11
SUPREME COURT SCORED
Governor Leedy Denounces the Ne
braska Freight Rate Decision.
RAILROADS "UNCLEAN VICTORY"

Kansas Chief Magistrate Vigorously
Assails Justice Harlan's Interpreta-
tion ofthe Fourteenth Amendment.
Directly Charges judicial Corruption
Topeka Kan, March 1.-THE Popu-
list administration of the state of Kan
sas gave out public address yesterday
bristlng with severe criticism of the
recent decision of the United States
supreme court in the Nebraska maxi
mum freight rate case. The address is
particularly significant in that Gov
ernor Leedy has already taken steps
preliminary to the calling of the state
legislature in special session, with the
especial purpose of enacting maxi
mum freight rate law. While the ad-
dress is given out over the signature
of the governor. it had first been ap-
proved by Chief Justice Doster of the
state supreme court, and other promi-
nent Populists.
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 averse
to the state, and he insinuates that
these forecasts were put out in ad-
vance by persons connected with the
court In order to feel the public pulse
Then he says:
'The opinion has been handed down.
and the dispatches say that it is
clean victory for the railroads. On the
contrary. it is an unclean victory for
the railroads 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 con-
ceal the cloven hoof Of official mall
feasance and usurpation."
The governor declares that the con-
stitution of Nebraska gives the leg
I islature power to establish maximum
charges for transportation, and that
the supreme court has tried to abro-
gate it. He challenges Justice Har-
lan's declaration that a corporation Is
person under the 14th amendment to
the federal constitution, which he
quotes, adding:
"How 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 can do that.
Who are the persons who shall not
according to the 14th amendment, be
deprived of life, liberty or property,
nor be denied equal legal protection?
Everybody outside the asylum and off
the federal judicial bench knows them
to be--and to only be-natural persons.
They are those who, besides the ca
pacity to hold property and enjoin
legal protection also have life and can
enjoy liberty, and that means human
beings.
Nobody but slave or knave will
yield assent to the hideous distortion
of meaning which Judge Harlan gives
to the word person" as used in the
14th amendment, and upon which he
bottoms his infamous decision, and
which shows to what depths Of iniquity
the supreme court of the United States
has descended"
In conclusion Governor Leedy states
that his maximum rate bill will be pre-
sented to the Kansas legislature in
such shape that to decide against it
the court must reverse its decision in
the Nebraska case, and he states that
"if the court still pursues the corrupt
and rotten practice that 1t has hereto
fore, by changing its decisions to suit
the shifting interests of the railroad
corporations" the remedy will be with
the people in dealing with the courts or
In building railroads of their own.