New-York tribune., 1873-04-12
THE POSTAL SERVICE.
POWER OF THE NATION OVER RAILROADS

VIEWS EMPHATICAlL1 bAAlh-b'
The Senate Committee appointed 70 inquire
info the questions involved the controversy between
the Postonee Department and certain railroad com
NAMES I'm reference 10 the pOsacar service reassembed
az the Fifth Avenue Hotel yesterday morning TO listen
to the argument Of Theodore Cuyler OF Philadelphia
Who appeared in behalf OF the Pennsylvania Central
Railroad MI Cuyer was introduced to the Committee
nv Mr. Hinckley. and spoke substantially asfohows;
GENTLEMEN oP THE COMMITTEE: viii discuss the
- az the General Government first. TO compel the
railway companies 10 carry the mails without eompen-
saton second 10 compel them 10 carry the mails the
Government itself fixing the terms and third 70 seize
the machinery Of the various transportation companies
and do the work ITSELF These are, as understand the
matter the propositions under discussion We are NOT
called upon discuss the question OF the powers OF tne
Government in time OF war but even during the war OF
,be Rebeiou the Government recognized the rights Of
nropertv and while seizng IT, as necessity demanded,
il AZ the same time acknowledged the necessity OF pay
ing for IL: yet in this nineteenth century VIC ma the
nrouoson grayey discussed that the Government may
applv private property It's own use on It's own ter
,ors this right is conceded by American citizens we
must first sacrifice American manhood. II the rsht
is maintained iD must be under the provision Of the
Constitution empowering the National Govern
ment 10 establish pOsto1ices and post roads.
Undoubtedly IL has the power 70 establish posonces
and and IL has the same rights IN reference
70 the former 20 the latter Suppose 1t TO be decided
AZ
the department the right to take it, making me no com
nepsatiop or such as il shall arbitrarily tx Railroads
are urivae corporations They derive no franchise from
the General Government Their property IL the private
property Of an artificial citizen but none the Tess acitsen
Is there any provision thoroughly established than
that pyate property shall not Dc taken for pubic uses
without eompensatoni II there were no such eonst
tutional provision, common sense would nave eAlaD'
usbed such law yet in this case it is Gravely dis
.ha
nosesoa OF private property ITS own terms II has
beretofors claimed no such power When in the Rebel
lion II became necessary the railroads for trans
porting troops ana munitions OF war; II gathered the
chiefs OF the Transporting companies together IN
Washington and asked what terms they would maze
treating the Government only as their most favored
customer II such nght had been claimed fear that
the Rebellion would have been far more widespread
than it was.
Mr. Cuyler cited the decision Of ChiefJustce Robert
son in the case OF Diokey agt The Turnpike Company
= Dana's Kentucky Reports, page llS IN which claim
lad been set up by the plaintiff mail contractor, that
he had a gt 20 carry the mails IN MS own coaches over
the Maysvile and Lexington Turnpike, without paying
the usual tolls The decision, which was read al length
bv Mr. Cl-Ier affirmed emphatcay that private prop
ery could not be used without just compensation The
Turnpike Road was the property Of the Company and
was 10 in its way subject TO the provisions
of it's charter The STATE from which alone its char
tered rights derived could not exercise the arbitrary
pow,rs claimed by Dickey without mparng the sound
ness of its contracts.
Mr. Cuvler continued cannot conceive OF the power
OF Congress compel railroad TO carry the msiis and
to fix the rates of compensation, unless Congress also
has the right 10 create the road that is 20 compel the
State 70 charter H. the public 10 subscribe 10 the STOCK
and the company build and equip it. This suppostion
is absurd These companies the artificial citizens OF
the states creating them having all the rights conferred
upon them By their charters IN return for which they
have assumed duties and obligations. They are bound
70 treat all persons alike and transport Passengers
and freight for all upon the terms and conditions.
They cannot treat me differently from others. and
find no power 20 differently from other indi-
viduals The Government may say 20 them, You shall
carry the mails" and they cannot refuse without yoat
ing the conditions OF their being but IL may not compel
them 10 carry the mails without compensation. They
are not the creatures Of the Government and owe ~ only
the allegiance which private citizens owe. do not care
70 argue this further prefer to leave TO the
instructive feeling OF every America mind Only let
the doctrine avowed that the Government has night
lay hand the property OF private citizens ana
use IL compensation. and we viii have not only
the provocation. but the justification of revolution
can conceive of no higher, grayer usurpation Of
GOVERNMENTAL POWER LIMITED.
Senator Conkling asked Mr.. Cuyer If be treated the
taxing OF road and OF the OF road as the same.
Mr. Cuyler answered tnat he treated them as the
same They were both private property He recognized
the right OF the Government TO take the Du not WIKI
out lust compensation.
Senator Couklng asked what he had say about the
right OF Congress 20 regulate the transportation OF
freight and the tolls on extending through states
and connecting with other roads raverng other States
Mr. Cuyler-I deny the night. and protest against il
with all the powers OF my beng-frOm the crown OF my
head TO the sole Of my feet hold that the Government
THa ne nF Fporr eva "a
the states bound 70 respect them.
senator Conkng-YOu then deny the power OF the
General Government regulate the carrying OF cattle
over the railroads. 10 say that they shan be carried
only d certain distance without rest food water &c.
Mr. Cuyer-I do deny that it Possesses such power.
The may regulate these matters put only by virtue
OF It's police power hold the old-iashohed doctrne OF
unable educate myself up 10 the new doctrine held Dy
senator Mtchell-f the railroad company refuse TO
give up road would you demand for the road trial
~ NJ Cuvler-No; but would demand that the
pensatOn 70 paid by the Government for IT, use be
liked by judicial decision and not Uy the pse dt<H oi
senator Cssserlv-Do understand you CORRECTLY that
az the Philadelphia Wilmington and Baltimore karoad
should refuse to carry the mails the Government would
have right TO take possession OF II !
covers everything corporal and incorpOrea which the
Government may need Tor lts use. l can conceive u
nothing which may not take-not through any depart
nent but through the judicial decision OF a court.
senator CasseryIhIs is a new and startling PROPOSE
Mr. Cuyer-Under the provision authorizing the Gov
erDment 10 establish pOsi-rOads. The old Cumberland
Road rs A case In point built as FAR back a. 1906 The
Government built the road but took the land OF private
citzeus aud of the several States through which II
passed The property Of any corporation may be taken
a. OF any private citizen, but only on the payment OF
iust saon fixed by judicial tribunal. The Gov
ernment may take possession OF railroad IOr pOst
purposes but cannot enter into business as carrier
senator Casserly-Do not the complications which
wonId arise in the OF railroad by the Govern
menr argue ii designed that the State
should have such a pOwerf
Mr. cnyrr-I cannot conceive OF any limit 70 the pow
ers OF the Government 10 take what necessary Tor eN
ercsng rights and powers conferred upon t oy inc
Constifution We see It's exercise In the establishment
OF navyyards though by courtesy the consent OF the