National Republican., 1883-12-03


different. The first two contemplate that
the government shall own and operate tho
lines. including all tho necessary apparatus
and tho third that company shall be en-
ployed to peform the required service at
stipulated compensation.
From the best consideration which have
been enabled to bcstow upon the subject,
have reached the conclusion that congress has
the constitutional power in providing for tho
postal service of the country to avail itself OF
all the facilities devised by tho inventive
genius of modern times for Transmitting mes
sages and intelligence, and that IL has full au-
thority to adopt either of the first two plans
which have mentioned. From tho
earliest period IL has been assumed and in
later times judicially determined, that the
power of congress over the postal system OK
tends to the absolute prohibition OF the busi-
moss of carrying letters upon established post
roads or roads parallel thereto. IL, therefore,
follows that if the telegraph be adopted as
branch of the postal service, all competition
therowith may be prohibited. The
establishment and operation of postal tele-
graph as q monopoly, or in competition with
private companies, would, it Is insisted, re-
duce rates which are now exhorbitant, and
protect tho public against the abuses and evils
deemed to be inseparable from the service as
IL exists. In either event an enormous ex-
pense must be incurred. But, without
dwelling upon that consideration, IL
is clear that an efficient execution
of either plau will necessarily involve tho
employment of multitude Of operators, mes
sengers, mechanics, and laborers, and thus
largely add TO tho patronage Of the govern
ment. An increase of that patronage beyond
what is Indispensable to the public service is
to be deprecated and avoided, and it is one
of tho dangers which threaten the purity and
duration of our institutions. In Europe the
telegraph is under the control of the public
authorities. With us, the administration is
the government in action, and may, for the
time being and for oil practical purposes, DO
considered the government itself. In seasons
of political excitement, aud, TO some extent
at other times, is there not ground for serious
apprehension that the telegraph, under the
exclusive control Of the dominant party,
might be abused to promote partisan pur-
poses and perpetuate the power of the admin
istration? But il il could be kept entirely
free from such influence should hesitate to
sanction q measure providing that tho United
States shall become tho proprietor of tele-
graph lines, and operate them by its officers
and agents.
Tho incorporation Of n company with a
charter having the essential features to which
/ have advertud finds in some quarters advo-
Gates, and has been heretofore considered by
congress. Its employment for the purpose
IN question is not subject TO some of the OBJ
and by many is preferred to either of them.
reduction of rates, will, it is believed, be
thereby secured. The duty Of receiving and
delivering kilograms will be discharged by
the officers of this department. That the
adoption of this plan would result in con-
siderable increase of officials and employees is
unendiable. Conccding that congress has
authority to incorporate company and
clothe it with the power necessary for the
ollectual accomplishment of the purpose in
Wow, such n measure will inaugurate now
policy, the adoption Of which do not feel at
liberty to recommend.
If congress can create such company, it
may incorporate railway and other companies,
and contract with them for the carriage of
the mails; and, If tins may be done, it will
not denied that the government may build
railways and other roads, and construct and
equip vessels for postal purposes. The post
master general in 1900 established, at the
expense of the United States, d limo of stages
for the conveyance of the mails between
Baltimore and Phiadelphia; and. although
the contract system now prevails, congress
may unquestionably direct its abandonment
and the substitution of its own vehicles in
lieu of those furnished by tho contractors.
Congress by such legislation would thus
! enter upon II new sphere Of action which
I there is reason to fear would be tho first step
in u dangerous direction, Tho patronage of
| the general government would be enormously
| increased and its Jurisdiction extended to
matters heretofore confined to state legisla-
ton or private enterprise. The injurious
tendency of such, legislation cannot we'll be
| overestimatcd.
As to telegraphic service wholly within
| the several states, unless the power to estab-
| lish postotlices and postroads be successfully
invoked, the existing rates are beyond gov
| ernmental control. The opinion has been
advanced that inasmuch as congress has au-
| thorty to take charge of the telegraph as q
part OF the postal system, it may do nothing
i'll that direction and yet prohibit citizens
and private companies from engaging in the
! business, unless they comply with prescribed
| terms and conditions. IL is said that the
greater power necessarily includes the less,
or, in other words that the absolute power to
prohibit includes the limited power to
regulate. This doctrine has evidently no
application. 1t is only, by exer-
cising its power in some of. the modes
already discussed, or in some other appro-
pirate way, that the government can prescribe
terms upon which competition will bo per-
mitted, or prohibit IL altogether. When a
line Is neither owned, controlled, nor operated
by the government, nor in its behalf, tcle-
graph company in the transaction of so much
of its business as is confined within the limits
of state is beyond the reach OF congress.
l have cndeavOred to maintain the author
ity of congress to assume control Of the tele.
graph, because 1t has been and still is seri.
ously disputed Tho existing oompanie:
operate their lines solely for the purpose o
making money and while it is doubtless true
that their rates, as whole, are unreasonable
yet, in view of what has already been said,
do not think the evils complained of are SC
griovous rs to call for congressional interven
tion.