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Date: Wed, 03 Dec 1997 12:57:58 -0800
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From: Paul Andrew Mitchell [address in tool bar]

>	"Perpetuities and monopolies are contrary 
>	to the genius of a free State and ought not 
>	to be allowed."/1/
>The below is excerpted from
>The Intended Significance of the Fourteenth Amendment
>by Chester James Antieau (1997), at pages 320-321:
>	American colonists had suffered economically at the hands of monopolies
>granted by the British Crown and throughout the new Republic it was
>generally vowed that constitutional protection against monopolies was
>necessary for others to be free. The North Carolina Constitution is
>representative. It provided: "Perpetuities and monopolies are contrary to
>the genius of a free State and ought not to be allowed."/1/
>	In 1866-8, as the Fourteenth Amendment was proposed and ratified, it was
>known that American courts, with and without such constitutional clauses,
>had recognized a duty to protect free people from monopolists.
>Illustratively, the North Carolina Court in 1855 had held unconstitutional
>a legislative act giving one individual a grant of an exclusive right to
>erect a bridge at a fixed location, and ordaining that no one else should
>ever be given power to erect a bridge on that stream within six miles./2/
>The following year, the Connecticut Supreme Court voided a legislative act
>giving one corporation an exclusive right to lay gas pipes under the
>streets of a city. Said this Court: "The whole theory of a free people is
>opposed to such grants."/3/
>	In 1866 the Illinois Supreme Court annulled a legislative act which gave a
>monopoly to owners of a single slaughtering plant in Chicago. The Illinois
>Court remarked that the act "impairs the rights of all other persons, and
>cuts them off from a share in not only a legal, but a necessary business."
>This, concluded the Court, was contrary to a basic concept of America law,
>"the principle of equality of rights."/4/ There were other comparable
>rulings before 1868, and it is safe to conclude from the foregoing judicial
>authority and the common constitutional clauses,/5/ that Americans deemed
>fundamental their right to be free from monopolies, a right particularly
>suited to be protected by the Equal Protection Clause.
>/1/ - North Carolina Constitution of 1776, Declaration of Rights,  23.
>/2/ - McRee v. Wilimgton & Raleigh Rail Co. (1855) 47 N.C. 186.
>/3/ - Norwich Gas Light Co. v. Norwich City Gas Co. (1856) 25 Conn. 19, 38.
>/4/ - City of Chicago v. Rumpff (1866) 45 I11.90, 97.
>/5/ - E.g., Connecticut Constitution of 1818, Art. I, Sec. 1; Tennessee
>Constitution of 1834, Art. I, Sec. 22; Oregon Constitution of 1857, Art. I,
>Sec. 21; Ohio Constitution of 1851, Art. I, Sec. 2; Indiana Constitution of
>1851, Art. I, Sec. 23; Massachusetts Constitution of 1780, Part. I, Art.
>VI; North Carolina Constitution of 1776, Declaration of Rights, No. 23;
>Arkansas Constitution of 1865, Art. II, 19, and Florida Constitution of
>1865, Art I, 23. These were all States that effectuated the Fourteenth
>Amendment by ratification.
> ###

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email:   [address in tool bar]       : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com       : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best 06
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_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice.  We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
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