The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1895-10-15
TELEGRAPH AND TELEPHONE.
The Legal Aspect Of the Telegraph and
Telephoue-Essential Parts of an
Efficient Postal Service.
From American Law Review.)

AA4SAC1S Z OSIal SCA
tFrom American Law Review)
Many who admit the great advan'
tages, nay, the necessity, of the tele
graph and telephone being operated as
a part of the postal system, are deter
red by the inquiry, is it constitutional
In truth it is unconstitutional for 6nls
essential branch of the postal system
to be operated by a private monopoly
or in any other name than oy V"0
government.
When the Constitution placed 'n0
p~ostoffce in the hands OF n goNoiH
ment. il conferred it's exclusive opera
ton, and with it, all OF oPeL
ing it to the best advantage, upon Vno
oovarnment. The same clause or Inc
| Gonstitution of U. S Cart. L, Sac o.
wbicb Congress to declare
war raise and support armies ana d
| navy. to coin money, regulate Gull
merce and borrow money on the creolO
of the u s.. includes the provision TO
establish postoffces and postroads. "
IF the power of the Government is ex-
elusive as to the other provisions 1t IS
so also as to the postOfict S for all these
powers are conferred by the same
clause and by the same wOrds-ln the
same breath as it were. The numerous
decisions of the U. S Supreme Court
holding the power of Congress over the
Postoffce and the carrying of mails to
be exclusive renders unnecessary any
discussion of an undispu5ed point. 1t
is interesting to note, however, that in
1886. Hon. John @. Calhoun, the leader
of the strictest constructiOnists who
denied to the general Government ell
powers not clearly granted, in a report
made by him as chairman of a com.
mittee of the u. s. Senate said: 1T
must be borne in mind tn 1t the power
of Congress over the Postofice and the
mail is on ercEusiUe pO1CeT." These
words have been cited and approved
by the Supreme Court of the .. s. in
the case of er pGrte Jackson, go recent
ly as the Sc U, s. Reports, on page 734.
The bestowal Of the exclusive
right and duty to operate the post
office carried with it the exclusive
right and duty to use all the agencies
that would make the ~postofice most
highly efficient, as such agencies, from
! time to time, should be improved or
invented. On this principle the first
| telegraph line was built by a congress,
sional appropriation under a ''strict
construction" administration (Polk's)
and the telegraph belonged to the gov.
eminent from 1914 to 1847, and when
under mistaken notions of &C )nomy il
was then turned over to private own
ership, Henry Clay, the great Wing
leader, and Cave Johnson, the Demo
cratic Post Master General were among
! the public men who went on record as
earnestly protesting against such a
step. Indeed, the Supreme Courtof the
United States, in an unanimous opinion,
h IS held that the telegraph came within
the grant of power to establish the post
office. That opinion, delivered by
| Chief Justice Waite, says:
THE powers thus granted are not
confined to the instrumentallties OF the
postal service, known or in use when
the Constitution was adopted but they
keep pace with the progress of the
| country and adapt themselves to the
new developments Of time and circum
stances. They extend from the horse
1 r-Skl Sc I'D ~ RI tho ctoC co 0noOh. from
| the sailing vessel to the steamboat
from the coach and steamboat to the
| railroad; and from the railroad to the
| telegraph, as these new agencies arr
SUCCESSFULLY brought into use to meet
the demands of increasing population
and wealth"
And Justice H. B. Brown, who ii
recognized as one of the ablest mem
bers of the United States Suprem,
Court, in the leading article in tn,
August Forum, says: If the govern
ment may be safely intrusted with tn,
transmission of our letters and papers
I see no reason why it may not also b
intrusted with the transmission of GU,
kilograms and parcels, as is almost Uni
versally the case in Europe" Congress
placed the same construction on it
powers, by chapter $50, Acts 1866
which provides that all telegraph line
thereafter built should be constructed
under the notice, and only after tn,
company signing a contract, that tn
government may at any time take owe
such telegraph lines upon paying tn,
value of its material.
1t will be noted, just here, that, 81
far as railroads are used for the trans
mission of mail, they were promptly
and o the beginning, adopted anC