The United States Since the Civil WarLingley, Charles Ramsdell
History
The United States Since the Civil War
Lingley, Charles Ramsdell
United States -- History -- 1865-1921
For a time the interpretation of the Court remained that given by the
majority in this decision. When western state legislatures passed laws
regulating the rates which railroads and certain other corporations
might legally charge for their services, the Court at first showed an
inclination to allow the states a free hand. Regulation of this sort,
it was held, did not deprive the citizen or the corporation of property
without due process of law.
There were indications, nevertheless, that the opinion of the Court was
undergoing a change as time elapsed. An interesting prelude to the
change was an argument by Roscoe Conkling in San Mateo County _v._
Southern Pacific Railroad Company in 1882. Conkling was acting as
attorney for the railroad and was attempting to show that the roads
were protected, by the Fourteenth Amendment, from state laws which
taxed their property unduly. Conkling argued that the Amendment had not
been designed merely for the protection of the freedman, and in order
to substantiate his contention, he produced a manuscript copy of the
journal of the Congressional committee that had drawn up the proposals
which later became the Fourteenth Amendment. He had himself been a
member of the committee. The journal, it should be noticed, had never
hitherto been utilized in public.
Conkling stated that at the time when the Amendment was being drafted,
individuals and companies were appealing for congressional protection
against state taxation laws, and that it had been the purpose of the
committee to frame an amendment which should protect whites as well as
blacks and operate in behalf of corporations as well as individuals. In
other words, Conkling was making the interesting contention that his
committee had had a far wider and deeper purpose in mind in phrasing
the Amendment than had been commonly understood and that the demand for
the protection of the negro from harsh southern legislation had been
utilized to answer the request of business for federal assistance. The
safety of the negro was put to the fore; the purpose of the committee
to strengthen the legal position of the corporations was kept behind
the doors of the committee-room; and the phrases of the Amendment had
been designedly made general in order to accomplish both purposes. The
sequel appeared four years later, in 1886, when the case Santa Clara
County _v._ Southern Pacific Railroad brought the question before the
Court. At this time Mr. Chief Justice Waite announced the opinion of
himself and his colleagues that a corporation was a "person" within the
meaning of the Amendment and thus entitled to its protection.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account