The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-12
THE POSTAL CAR DIFFICULTY

0re Com mAttee On Transport atiOn-The
Constitutional Question OF the Right
Of the Government to the Postal Roads
Argued by Mr.. Cuyler, Counsel for the
Railroad Companies.
The United States Senate Committee on Trans
pOraton held their fourth session yesterday at the
Fifth Avenue HOTEL
Mr.. Theodore Cuyler, OF Philadelphia, counsel for
the railroad companies, was introduced by Mr..
Hinckey, OF the Philadelphia and Baltimore roads,
Mr.. Cuyler said that he should leave that aspect
OF the question that related to the details OF the
postal service to the railroad men and confne
himself entirely 10 the constitutional question az
to the right OF Congress to compel the terms OF
any rate OF transportation that might be
decided upon by Congress as law makers.
There IL just as mucn right TO seize the Fifth Ave-
nue. Hoyel, he said, anu turn IL into post office
there is right seize the roads Of railroad COM
panies and turn them into post roads In the fed.
eral constitution private property is recognized as
having rights. but the practice OF the government
as TO the railroads ignored these wen established
rights. In 1878 q man contractor brought this
question before the Court OF Kentucky. The mail
contractor insisted upon his right to drive his mail
coach on The roads without paying tolls The case
was "Dickey vs.. The Turnpike Company The
decision OF Chief Justice Robertson that the
Congress gave the government no authority and
Congress could not give the power TO carry along
that road mail cart without paying foliage MI.
Cuyler went on TO say that IL the government had
this power they must also nave the cOrrelative OF
this power, namely, the power TO compel the
state to create these railroad companies. The rail-
roads were quasl-public corporations. They had
therefore, public daties; but those duties were
comprised in the obligation that each and every
person, ana every PERSONS freight and goods, SHAH
be entitled to equal privileges. The government
may say TO them they are to carry the mai, and
they cannot refuse TO do it; but they said that Just
as they said similar things to private citizen.
Only let it he conceded that
THE AMERICAN CONGRESS
had power TO lay its hands upon private property
without compensation, and he must be pardoned
If he said that that declaration would be justin
cation Tor q revolution.
BY senator Conkling-l deny the right, with my
whole SOUL OF the power OF Congress to regulate
and control the powers oil private corporations;
! do not believe IN the right OF Congress
pany; the federal government is bound to
respect the rights OF chartered corporations; in
fact Mr. Cuyler said, have the Old fashioned no.
tions as TO state rights III case of the Illustration
as to the obligation OF feeding cattle that was
travelling on railroads, and rraversng states, he
claimed tnat was matter OF police law OF each
State.
To senator Casserly--l believe that The doctrine
OF eminent doMainn gives the government the
power TO take whatever IL wants; Congress has
the power 10 establish post Offices and post roads,
and then it has all the powers to designate line,
and then 1t has the power TO ascertain It's value
judicialy by taking 1t into the courts, and then
acting upon that judicial decision; the Postal De-
partment is In an exclusive position to state what
its requirements are; am unable to put limit to
the powers OF Congress under the political respon-
sibilities o! its members If the government wantsa
navy yard or post office they adopt the courtesy of
seeking The States consent: though In Pennsyl-
vania the State has asked the government to eX-
ercse the right of eminent domain" as to the site
of new post office; the government cannot
quire anything of any railroad except the power
10 transport mails; II 1t be necessary to take the
property ccrporally its possession IL can do so
1t is quite it is an extreme case do not sup
pose the government would ever want more than
its postal service; he did not believe that there
was
MAN LIVING
or would ever be born who woaid vote for taking
postal services; but still that did alter the fact
that the government had the power to do 1t I;
during the time OF war, even, the government
never exercised the powers that they now
claim as to postal roads; at the same time
| he did not think the government could take
| possession OF road without a compensation;
| he held first, that the government held pre-
scrbed power; II possesses the power to carry out
It's prescribed powers 1t also has very large lib
erty as to It's being judge as to whether its Incl
| dental power is enough to carry the main power
| out; there was doubt tnat the government
exercised q much larger power in the ocean postal
mail service than upon the corporations created
| by the States; answer this without having made
any very due re1ecti0n as to the subject; the man
| ner In which government would exercise it's power
! over foreign mails would be exercised by the laws
regulating the port OF entry and its general laws
to regulating commerce with foreign nations ana
with its citizens who are a1Oat; II ship refuses
to take the mails then the government has the
power to say as to how that ship shall, or whether
II shall at all, have intercourse with this country.
Mr.. A. J. Dennis, President OF the New Jersey
Railroad Transportation Company, submitted to
the committee a number OF h9ures showing the
difference between the rate paid by the express
companies ana the postal department on his line.
The committee then adjourned, and went into
executive session.