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In re Case

Citations

  • 20 Idaho 128
  • 116 P. 1037
  • 1911 Ida. LEXIS 80

Syllabus

<p>Habeas Corpus — Federal Constitution — Fourteenth Amendment— United States Statutes- — Construction of — Unconstitutional State Statutes — Conflict—Resident Foreigners — Employment of — Corporations are Persons.</p> <p>(Syllabus by tbe court.)</p> <p>1. Under the provisions of see. 1 of art. 14 of the amendments to the federal constitution, persons residing within the United ■States eannot be deprived of life, liberty or property without due process of law, nor shall there be denied to any person within its jurisdiction the equal protection of the laws.</p> <p>2. All persons residing within the territorial jurisdiction of the United States are within the protection of the fourteenth amendment of the constitution, without regard to differences of race, color or nationality.</p> <p>3. Where a state statute is in conflict with the provisions of the fourteenth amendment to .the constitution and deprives a person of the right to labor, it deprives him of a constitutional- right and is void.</p> <p>4. Corporations are persons within the provisions of the fourteenth amendment to the federal constitution.</p> <p>5. Held, that sec. 145-8, Rev. Codes, is repugnant to the constitution and laws of the United States, and void.</p>

Judges: Ailshie, Sullivan

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