[87] 198 U.S. 45, 58-59 (1905).
[88] 198 U.S. 45, 71-74.
[89] 198 U.S. 45, 75-76.
[90] 243 U.S. 426 (1917.)
[91] 208 U.S. 412 (1908).
[92] Ibid.
[93] Adkins v. Children's Hospital, 261 U.S. 525 (1923); Stettler v. O'Hara, 243 U.S. 629 (1917); Morehead v. New York ex rel. Tipaldo, 298 U.S. 587 (1936); overruled by West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937).
[94] West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937). Thus the National Labor Relations Act was declared not to "interfere with the normal exercise of the right of the employer to select its employees or to discharge them." However, restraint of the employer for the purpose of preventing an unjust interference with the correlative right of his employees to organize was declared not to be arbitrary.—National Labor Relations Board v. Jones & Laughlin, 301 U.S. 1, 44, 45-46 (1937).
[95] See especially Howard Jay Graham, "The 'Conspiracy Theory' of the Fourteenth Amendment", Selected Essays on Constitutional Law, I, 236-267 (1938).
[96] 94 U.S. 113.—In a case arising under the Fifth Amendment, decided almost at the same time, the Court explicitly declared the United States "equally with the States * * * are prohibited from depriving persons or corporations of property without due process of law." Sinking Fund Cases, 99 U.S. 700, 718-719 (1878).