Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1907-05-10
SAYS GOVERNMENT
CAN SEIZE ROADS.
JUDGE FARRAR SHOWS PRESIDENT
NEW CORPORATION
WEAPON
UNDER THE CONSTITUTION
BY Provision Permitting Taking Over Of
Lands for Post Routes Nation Can
Assume Rail Control
UNDER THE CONSTITUTION

WASHINGTON, d. c., May 6.--Judge
T. H. Farrar Of New Orleans, who held
conference with the President ycste:-
day, with the Presidents consent made
public a letter which Ire addressed to
the chief executive Of the nation Oh
April :, suggesting a way by which the
national government can take over the
entire control Of all railroads and thus
avoid the conflict with state authority
in the shape Of diverse and conflicting
laws.
Judge Farrar, who is a deep student Of
the constitution, has found the authority
10" governmental control in section y of
article l Of the constitution, which grants
to Congress power Ito establish post
offices ana post roads"
Congress, he says can adopt such
means for the execution Of this power
rs, in its judgment, are convenient and
necessary. He quotes the constitution
and supreme court decisions on this
point.
May Take Full Control.
This being the case, he figures, the
federal government can assume full con
,rol Of the railroad corporations and pre-
jze corporations, he says, for the build
ing and operating of roads to carry the
mails of the United States, troops, sup
plies. etc, and incidentally to TRANSPORT
individuals and freight under the regu-
Iations fixed by Congress. Continuing
he says:
These corporations being creatures of the
United States and tnStrumcntalities pro
vidcd by it for the proper and convenient
performance of its governmental functions
the United States can regulate them as fol
lows:
J. Tncr mode of organization and man
>. Their capital stock and their creation
of debt and the issuance of securities
}. Their operations down to the remOteSt
particulars.
4 The qualifications of those employees.
such as engineers, tremen, conductors, In
SpcctorS, brakemon. telegraph operators,
etc, on whose capacity depends the safety
Of life and property. All Of these men can
license. and for incapacity and misconduct,
their licenses may be revoked.
Penalties Fixed by Law.
;. The misconduct of officials and en-
ployes in the performance of their duties
can be restrained by criminal statutes.
6. These corporations can be shielded
from all state interference and control.
I. They can be protected from the preju-
dice 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 courts
alone.
$. They can be protected from all state,
visions, fixing how far and in what manner
and to what extent they may be taxed by
the states and their subdivisions
8. The relations of their employees to
each other, as fellow servants, can be def
nitely settled scientific principles of the
graduation of authority.
10. Their dulles in regard of settling
claims against them for lost or damaged
freight, can be regulated to the reasonable
satisfaction of the public.
Rates May Be Fixed.
II. The rates which they charge for
passenger and freight service can be regu-
lated and all determinations abolished.
u. Their interchange of cars. freights
and passengers with each other can be reg
ulated.
10 All agreements they may make with
each other in regard to joint rates and pool
ing agreements can be controlled. In order
TO get this absolute control the power to
organize these corporations must be pitched
on some grant of power in the constitution
which is not only exclusive, but which in
its exercise is all pGryading
The power to regulate commerce among
the states and with foreign nations is too
narrow for such purposes. because there is
an immense mass of commerce in this cOun-
try which is entirely beyond the control
of the Congress. TRANSFORMATIONS as an Ella
ment of commerce can only be regulated
Ivy the Congress in far as it is interstate
or foreign transportation. There is i'm,
mcnse mass Of transportation which is alb
SOluIely mira state, ana over which the
Congress, by virtue of its commercial pow
er. has no jurisdiction
Involves Whole Nation.
But the power TO establish post roads is
cOextensive with the limits of the United
States. 1t enters into every remote cor
ner of the territory of the United Stats
and extends from every point within the
territory to every other point therein. 1t
gives the government power to establish Il
post road from every point to every other
point; to uationaliZe these roads: to pro-
vide all the terms and conditions for their
use, and operation and to create corpora
lions as instruments to facilitate the GOV
eminent in the performance of this ex-
elusive function.
| believe that tho authors of the consti-
tuition, in contemplation of the vast dis
tances separating the parts of this repub-
lie from each other, granted this exclusive
power to the federal government in the
expectation and belief that the whole coun.
try would be knit together by highways
constructed and operated by the central
government in the full knowledge that such
highways, while having for their primary
object the transportation of the mails would
necessarily be used, secondarily and Incl
dentally. for the transportation of freight
and passengers, just as from time immen,
oriaI the stagecOach. which carried the
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