The Caucasian. (Clinton, N.C.) 188?-1913, 1895-10-17
The TELEGRAPH
And TELEPHONE
Nay and Should Be Operated By
The Government for the Ben
eft Of the People.
1T Is CONSTITUTIONAL


1T Is OONsTITUTI0NAL
Asd Not Osly OBSERVATION-DISCLOSURES Prsc- |
ideally Mandatory ny Lsw-soms Inter |
sssaag Phases Of the Question Clearly !
Presented BY Justice walter Clark.
Many who admit the great advant-
ages, nay the necessity, Of the telegraph |
and telephone being operated as part
Of the postal system, are deferred by
the inquiry, 10 IL CONSTITUTIONAL In
truth, IL Ii. UDconstitutional for this es- |
sential branch Of the postal system to
be operated BY private monopoly, or
in any other manner than by the gov
ernment.
When the Constitution placed the
Post Office In the hands OF the govern
ment, IL conferred its exclusive opera
ton, and with IL, all means OF Operat-
ing IL to the best advantage, upon the
government. The same clause Of the
Constitution OF the United States
Cart. l., sec. 81, which empowers Con-
gress to declare war, raise and sup
port armies and navy, to coin money,
regulate commerce and borrow money
on the credit Of the United States, in
cludes the provision to establish post
Offices and post roads," IL the power
Of the government Is exclusive as to
the other provisions, it Is 80 also ~ to
the Post Office, for all these powers are
conferred by the same clause and by
the same wOrds-in the same breath,
a. IL were. Numerous decisions of the
United States Supreme Court holding
the power of Congress over the Post
Office and the carrying OF mails to be
exclusive, renders unnecessary any dis
cussi0n Of an undisputed point. IL is
interesting to note, however, that in
1889, Hon. John g. Calhoun, the leader
Of the strictest constructiOnists, who
denied to the general government all
powers not clearly granted, in a report
made by him as chairman of COM
mittee Of the United States Senate,
said at must be borne in mind that
the power Of Congress over the Post
Office and the mail is an eyciusiye
poper." These words have been cited
and approved by the Supreme Court of
the United States in the case Of eI
pdrte Jackson, SO recently as the 96th
u. 5. Reports, on page 7H.
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 postofiice 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 'strict
construction" administration tPOlk's)
and the telegraph belonged to the gov
eminent from 1874 to lS47, and when
under mistaken notions of economy it
was then turned over to private own
ership, Henry Clay, the great Wing
leader, and Cave johnson, the Demo-
cratic Postmaster General, were
among the public men who went on
record rs earnestly protesting against
such . step. Indeed, the Supreme
Court of the United States, in
IN unanimous opinion, n Pensacola
y. Tel. Co., 90 u. s. II has held
that the telegraph came within
the grant Of power to establish the
Post Office. That opinion, delivered by
Chief Justice Waite, says:
1.-THE powers thus granted are not con-
service, known or in use when the Consti-
tuition was adopted; but they keep pace
with the progress of the country and adapt
themselves to the new developments of time
and circumstances. They extend from the
horse with its rider to the stage coach; 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 are successfully brought
into use to meet the demands of increasing
population and wealth."
And Justice Ii. B. Brown, who is
recognized as one of the ablest men,
bers Of the United States Supreme
Court, in the leading article in the
August Forum says: "If the govern
ment may be safely entrusted with the
transmission of our letters and papers
see no reason why it may not also be
entrusted with the transmission of our
kilograms and parcels, as is almost
universally the case in Europe" Con-
gress placed the same construction on
It's powers, by chapter $50, Acts 1866
which provides that all telegraph lines
thereafter built should be constructed
under the notice, and only after the
company signing contract, that the
government may at any time take over
such telegraph lines upon paying the
value Of It's material.
1t will be noted, just here, that, sc
far ~ railroads are used for the trans.
mission Of mails, they we're promptly
and from the beginning, adopted and
used exclusively by the pOstOffice
whether, In 50 far as railroads are used
for the entirely different purpose OF
carrying passengers and freight, they
shall be taken over by the government
10 an entirely different question, stand.
ing on its own basis, which has never
snected the undeniable right and duty
OF the government to use them exclu.
sively, % far as they are used for the
carriage OF mails. But the telegraph
and telephone ESQ far as used by the
public for hire) are, and can be, only
used for the transmission of mail, anC
unquestionably come within the ex.
elusive grant to the government o.
operating the postOffice. The tele
graph and telephone are simply the
electric mail, or mail sent by electricity
just - the railway mail is seut BY
steam agency in preference to thu
horse power formerly used in the day.
OF stage coaches and horseback rider,
and canal boats. When the govern
meut shall assume its duty of sendins
the mail by electricity, railroad com
panies can still operate their own tel
egraph lines on their own business
and private telephone exchanges viii
still exist, just as railroads and other
may now send their own letters by thei
own agents, u. 8. Rev. Stat, 39S4) bu
not carry them for others for hire
~. 8. Rev. Stat, 39S2). Then, a
now, the government would ONLY
have the exclusive privilege of carry
ing mail for hire. (U. 8. Rev. Stat.
$500: This privilege Of carrying mai
Tor hire, whether sent by electricity o.
steam or stage coach, or on horseback
and no corporation or monopoly Cal
legally exercise any part of It. It h
the duty Of the government to do il