The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-05-06
PLAN TO CONTROL
RAILROAD LINES
New Orleans Man Gives Out
Letter to President Roosevelt
I on Subject.
PUTS 1T UP TO GOVERNMENT
Holds That Congress Has Ample
Powers to Deal With Roads
and Traffic.


ing letter was addressed to President
Roosevelt by judge H. II. Fnrrar, o.
New Orleans, on the gccond OF April
Judge Fnrrar had an interview with
the president yesterday on the sub-
ject, and with the Presidents pcrms-
sion. and at his request. gives the
letter to the public to-day for con-
slderation and discussion.
Now Orleans, La, April 2, 1907.
"Ilis Excelloncy. Theodore Roosevelt.
President or the United States,
Washington. d, c.:
'Sir.-The transportation problem In
this country mas assumed such an
ncute phase that 1t must have "A salts
factory solution. So long rs there
Is divided control over the great pub.
lie highways and the corporations that
manage them, no such solution can be
reached. AS quasi-pubiic corporations
they are, by their very nature, sub
Ject TO pubic control and regulation:
unity of control and regulation Is
essential to their welfare and ei-
cheney. ana essential 10 the welfare OF
the public. 10 whose service they are
dedicated.
"The republic IS confronted with the
same situation In regard to transpor-
tation that II faced In regard OF the
money question when tho bank of the
United states was Incorporated and
again when the national banking
system was inauguratcd.
1T found satisfactory solution OF
those situations by the use OF the grant
ed and Incidental powers OF the Con-
s;tution.
'As you and your advisers are study
ing this question now before the Amer
lean people. ask you to permit me TO
make some suggestions, which ! hope
will be helpful.
Tn my opinion, as an humble stu
dent OF the Constitution, and as
Democrat who belongs to the school
OF fair construc,ionsts,' there is full
power in the Constitution OF the United
States as now written and interpreted,
10 take full, absolute and exclusive
control OF the whole subject, By the
exercise OF the power granted in para
graph 7, OF section 3, Of article ], OF
the Constitution. which grants to the
Congress power to establish post-oiilces
and post ronds.
States Cannot Control.
The postal grant crataincl In this
nara s.raph is exclusive in the Federal
government. so divided control of
such n system by separate sovereign
ties In the same territory Is think
able.
The Congress- can adopt such means
Tor the execution of this granted po"
or as in its Judgment are convenient
necessary and proper
THE formation OF corporations, as
n means for executing the powers OF
the government of the United States
lie q constitutional exercise Of the
Federal powers.
..yyhen such q power Is exercised BY
the Federal government, the corpora
tons organized under It's authority are
instruments designed to he used 10 aIh
+he Government In the administration
~ a branch OF the public service; ana
The Congress, which Is the sole Judge
q. the necessity of their creation. nav
IN. brought them into existence, the
states can exercise no control over
them. nor in any way affect thcir
operations, except so far as the Con
gress may see proper to permit.
THE power of eminent DOMAIN, lor
the purpose granted to Il. is fuliy
vested in the United State5 by virtue
ri It's sovereignty. 1t can eaproprialc
;end for postroad as we'll as for a
rost-ofIicc, and 1t can ds'sSa,e the
power to corporation organized un-
DER It's laws as national postroad
corporation.
crcise of It's power to borrow money
and collect taxes. created the whole
national banking system, and gave tue
banks hereunder organized the right
to establish themselves in every local
lily in the nation, and to deal with cor
pcrations and individuals, with the
whole sphere of the business of bank
Ing and all of its Incidents, just so
Under Its power to establish postroads
II may organize corporations for tho
purpose Of building and operating such
roads to carry the mails of the United
States, the troops of the United States
the supplies of the United States, the
officers OF the United States, in their
passage from one part of the country
to another, in the performance of their
official duties. and incidentally to
transport individuals and The freight
OF individuals under the regulations
fixed by the Congress.
''These regulations being creatures q
the United States and instrumentalitie
provided by 1t for the proper and con
venient performances of it's govern
mental functions. the United States ca
regulate them as follows:
How to Regulate.
"First-Their mode of organization
and management.
"Second-Their capital stocks an
their creation of debt and the issuanc
of securities.
''Third-Their operations down to tn
remotest particulars.
''Fourth-The qualifications Of thes
employees, such as engineers, firemer
conductors, inspectors brakemer
telegAraph operators, etc. o
whose capacity depends the safet
of life and property. All @
these men can he subjected to govern
ment control and license. and for in
capacity and misconduct their license
may be revoked.
''Fiftf--The misconduct of official
and employees. In tho performance G
their duties, can be restrained by Grim
inal statutes.
"Sixth--These corporations can h
shielded from all State interference an
control.
"Seventh--They can be protecte
from the prejudice of the local iur
and the 80 per cent, damage lnwyo
by giving them tho right to sue an
be sued in the United States Court
alone
"Eighth--They can be protected fror
all State, county and municipal tnXa