CONSTITUTIONAL QUESTIONS

Hon. F. J. Swayze '79, Justice of the Supreme Court of New Jersey and member of the Board of Overseers of the University, delivered the first of two lectures on "The Fourteenth Amendment and the Limitation of the Right to Regulate Public Service Corporations" yesterday afternoon, giving a summary of the construction of the Fourteenth Amendment and the interpretations put upon its first section.

Slaughter House Cases.

Justice Swayze stated that the first interpretation of the right to regulate a public service corporation was made in 1879 when the State of Louisiana restricted a slaughter house concern. The debate in this case and meaning upon the "right to deprive a person of property without due process of law" was different than the meaning put upon it by Congress. The Fourteenth Amendment states that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law."

The next step in the construction of the interpretation of the amendment was in the famous Granger Cases, in which the railroads in Illinois, Wisconsin, and Iowa, demonstrated their right to appeal to the United States Courts for protection, a right stated in the last clause of the amendment. The question arises of what is meant by the term "person." Are persons individuals, or groups of individuals forming a corporation? What is meant by "property?" Does it mean to do what one pleases with one's own, or that the right to one's own is restricted by relations to the state, and national government?

"Due Process" Hard to Define.

Justice Swayze then mentioned three cases of colored men bringing suit against three states in which "property" was considered the men's right to do jury service. In one case the reputation of the white race was considered property. The term "property" is rather intangible and not definite. The term "by due process of law" has also many implications. It goes back to the time of Edward III and is even understood in the phrase "the law of the land" in the Magna Charta. We are still in doubt as to what constitutes it.

Justice Swayze then showed instances of the constant conflict between the State and federal governments caused by the difference in interpretations of the Eleventh and Fourteenth Amendments. The Eleventh Amendment states that "the Judicial Power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens or Subjects of any foreign State." Difficulty is encountered in Railroad cases. If a railroad is an Inter-state carrier, each state through which it runs claims the right to tax its property in that state. The road should be taxed as a unit, and the entire amount of taxation is therefore apportioned among the various states. The railroads always appeal for protection under the Fourteenth Amendment. An instance of this is shown in the case of a railroad against the State of Minnesota. In 1907 the State of Minnesota passed a two cent fare law and a railroad issued an injunction. The case was finally decided in favor of the railroads.

Justice Swayze stated there would always be difficulty in the interpretation of Section I of the Fourteenth Amendment, and that the final result depended on the spirit of the interpretation and the manner in which it was enforced.

The lecture will be continued today in Emerson D at 3.30 o'clock