The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-05-06
ROADS SUBJECT TO
PUBLIC CONTROL
Judge Farar Writes Letter at
Prggss Is Request
~
IN l$a nTUTION'S POWER
%
~ Government Has Power to Es-
tabtsh Post Offices, SO with Rail.
roads Carrying U. S. Mails,
Says Louisiana Jurist.

Washington, May 5.-The following let
ter was addressed to President Roosevelt
| by Judge +. H. Farrar of New Or
leans, dated April 2. Judge Farrar had
an interview with the President yester-
day upon the subject. and with the Pres
ident's permission and at his request
gives the letter to the public for consld-
Grafton and discussion.
New Orleans, May g. 1907
His Excellency, Theodore Roosevelt,
President of the United States, Wash
ington, d. C.
Slr:-The transportation problem in
this country has assumed such an acute
phase that it must have a satisfactory
solution. So long as there is divided con-
troll over the public highways and the
corporations that manage them, no such
solution can be reached AS quasi public
corporations they are by their very ma
| ture, subject to public control and regu-
lation Unity on control and regulation
is essential to their welfare and effieien-
ey and essential to the welfare of the
public to whose service they are dedi-
Gated.
1.-The republic is confronted with the
same situation in regard to transporta-
ton that 1t faced in regard to the money
question, when the bank of the United
States was incorporated and again when
the national banking system was inau-
| gurated
Powers of Constitution.
ut found a satisfactory solution of
| those situations by the use of the granted
| and incidental powers of the constitu-
| ton.
AS you and your advisers are study
| ing this question now before the Amer
| lean people, | ask that you permit me
| to make some suggestions WHICH l hope
will be helpful
In my opinion, as a humble student of
! the constitution and as a democrat who
belongs to the school of fair consiruc-
tionists' there is full power IL the con-
stitution of the United States. as now
written and interpreted. to take full abz
/ sotute and exclusive control of the whole
| subject by the exercise granted in section
| eight of article one, which grants to Con-
! gress the power to abolish postoffices and
post roads,
THE postal grant contained in this
| paragraph is executive in federal govern
ment No divided control of such a sys-
| tenn by seperate sovereigntes in the same
territory is thinkable.
The congress can adopt such means
| OF power as in its judgment are necessary
and proper. See paragraph 18 of section
s of article l, and McCullogh VS. Mary
land, four Wheton, page S16 and host
| of later decisions too numerous to quote
'The formation of corporations as a
means for executing the powers of the
government of the United States Is a
| constitutional power. McCulloch VS..
Maryland four Wheaton, page 3lS; Os-
borne vs. Bank of United States, 8,
| Wheaton, page 73S.
when such power is exercised by
! the federal government the corporations
organized under it are instruments de-
signed to be used to aid the government
| in the administration of a branch of pub
| lie service and the Congress. which is
| the sole judge of the necessity of their
creation, having brought them into ex-
| istence. the states can exercise no con-
| troll over them, nor in any way affect
| their operations except far as the
Congress may see proper to permit.
Farmers Bank VS.. Dearlng, 81, u s.,
page 29.
Eminent Domain.
"The power of eminent domain for the
purpose granted to t is fully vested in
the United States by virtue of its SOW
ereignty. Kohl VS.. U. S., 81, U. S. page
367
ut can appropriate land for post
road, as well as for postoffice. and it
can delegate the power to a corporation
organized under it's laws as national
post road corporal ton.
Just as the government in the exer-
else of its power to borrow money and
control taxes created the whole national
banking system and gave the banks there
under organized the right to support
themselves in every locality in the ma
ton, and to deal with corporations and
individuals within the whole sphere OF
the business of banking, and all of its
incidents, just so under its power to es-
tablish post roads 1t may organize cor
porations for the purpose of operating
such road to carry the mails of the Uni
ted States and troops of the United
States
These corporations being creatures of
the United States and instrumentalities
provided by it for the proper and con-
venient performance OF its governmental
functions. the United Sttes can regulate
them as follows
Power of Regulation.
Il. Their mode of organization and man
agement.
49, Their capital stocks and their crea-
tion of debt and the issue of securities.
''3. Their operation down to the remot-
est particulars.
"A. The qualifications of those employees,
such as engineers, firemen, inspectors,
brakemen, telegraph operators. etc, on
and property. All of these men can be
subjected, to government control and
licenses and for incapability and miscon-
duct their licenses may be revoked.
rs. The misconduct of officials and en-
ployes in the performance of their duties
can be restrained by criminal statutes.
&c. These corporations can be shielded
from all state interference and control
"7. They can be protected from the pre-
judce of the local jury and the 80 per
cent damage lawyer by giving them the
right to sue and be sued in the United
States court alone.
49, They can be protected from-r all
state, county and municipal taxation by
provisions. by fixing how far and in what
manner and to what extent they may he
taxed by the states and their subdlvis-
ions.
49, The relations of their employees to
each other as fellow servants can be
definitely settled on scientific principals
for the graduation of authority.
10. Their duties in regard to settling
claims against them for lost or damaged
freight can be regulated.
I'll Rate which they charge for pas