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In December 1882,... appeared before the justices of the Supreme Court... to argue that corporations like his client, the Southern Pacific Railroad Company, were entitled to equal rights under the Fourteenth Amendment. Although that provision of the Constitution said that no state shall "deprive any person... " or "deny to any person..." Conkling insisted the... drafters intended to cover business corporations too. ...The Fourteenth Amendment had been adopted after the Civil War to guarantee the rights of freed slaves, not to protect corporations. Conkling, however, had unusual credibility... If anyone could testify to the intent of the... drafters, it was Conkling, who was one himself. ...Conkling produced a musty, never-before-published journal that purported to detail his committee's deliberations. ...There was just one small problem with Conkling's account of the drafting... it was not true. (en) |
