New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-06
OF RAILWAYS.
THE POWER OF CONGRESS-.
Judge Suggests 1t Can Take Charge
Under Post Roads Clause.

washington, May 0.-Ine following reuter- "dS
addressed to President Roosevelt by Judge e H.
Farrar. of New Orleans. April 2 Judge Farrar
had interview with the President yesterday on
the subject and. with the Presidents permission
and at his request, gives the letter to the public
The transportation problem In this country has
assumed such an acute phase that IL must have q
satisfactory solution So long as there Is divided
control the great public highways and the
corporations that manage them. no such solution
can be reached. AS quasi-public corporations they
are. by their very nature, subject 10 public control
and regulation. Unity Of control and regulation is
tia to the welfare OF the public 10 whose service
they are dedicated
ton in regard TO transportation that II faced In re-
gard TO the money question when the Bank of the
national banking system was inausurated. ,..,.
powers OF the Constitution.
AS you and your advisers are studying this ques-
tion now before the American people, ask that
you permit me TO make some suggestions which L
In my opinion. as a humble student of the Con
schooI Of ana Fair Observation-Disclosures. there is full
power in the Constitution of the United States as
and exclusive Control Of the whole subject By the
OF Z, the G be On WHICH
grants TO the Congress power TO establish postof-
The postal grant contained in this paEagraph is
exclusive in the federal government No divided
in the same territory Is thinkable g.
cuton Of this granted power as in its Judgment are
convenient necessary and proper See FaragraPh
Maryland, wheaton p. SIC. and host of later de-
cisions too numerous 10 quote.
"CAN FORM CORPORATIONS
The formation of corporations. as a means for
United States is a constitutional exercise OF the
Wheaton, p al6: Osborn agt Bank of United States
when such power is exercised by the federal
government the corporations organized under its
ala the h sari g and fb Tnns Ts
tbo aola Ind Of tba Stry~O Of hair
can exerss no Control over them nor in any
at tber operations except SO far as the
Congress may see proper 70 permit 'ners
The power. Of eminent domain for the guEPoses
6y virtue Of its sovereignty: qKOhl agt United
States 81 United States P 367) II can appropriate
IL can io delegate the power 10 Corporation organ
lied under It's laws as national post road corpora
Just the government In the exercise Of IL, its
the whole national banking system. and gave the
banks hereunder organized the right TO- essa3s 81,
deal with corporations and individuals within the
sp ncsns ~ tns its
post roads Il may organize corporations for the pur
PSse mails Sa of the Wned the troops Of the
S ha sfs 81 the snRRes snf in
from one part Of the cGTntry to another IN he
to transport individuals and the freight OF indi-
viduals under the regulations hXed by the congress-
POWERS OF REGULATION.
states and nstrumentaiites provided BY it for the
proper and convenient performance OF It's govern govern.
mental fSsm Is f9 fno%s the oh'eo states can
ist@Ther mode of organization and management.
2d-Ther capital stocks and their creation OF debt
and the Issuance OF securities.
sd-Their operations down the remotest par
ticulars
engineers, remen. conductors. inspectors brake
men telegraph operators etc. on whose capacity
these men can be subjected to government control
and license. and for incapacity and misconduct
5th-The misconduct Of offcials and employees. in
the performance of their duties, can be restrained
9th These corporations can be shielded from all
7th-They be protected from the prejudice OF
the local Jury and the 80 per cent damage lawyer.
United States courts alone.
Sth-They be protected from all state county
and municipal taxation by provisions fixing how far
and in what manner and 10 what extent they may
eth-The relations OF their employees to each other
as fellow s. can ian be definitely settled on sci
iOtharhsir duties In regard to settling claims
regulated the reasonable satisfaction OF pub
1lth-The rates which they charge for passenger
and freight service can be regulated and all dis
12th-Thelr Interchange of cars. freights and pas
sengers with each other can be regulated
other in regard to Joint rates and pooling agree
order to get this absolute control the power 70
organize these corporations must be pitched on
not only exclusive but which in its exercise is ali
pervading. The power regulate commerce
among the states and with foreign nations is
narrow for such purposes, because there is i'm
mense mass of commerce in this country which Is
entirely beyond the control of the Congress.
transportation as an element of commerce can
only be regulated by Congress In far II is
Interstate or foreign transportation. There is
immense mass of transportation which is absolute
~ intrastate. and over which Congress, by virtue
OF its commercial power has no Jurisdiction,
But the power TO establish post roads Is CO.
extensive with the limits of the United States. 1t
enters into every OF the territory OF
the United States and extends from every point
within the territory TO every other point therein
1t gives the government power to establish post
road from every point to every other point, TO ma
tonalZe these roads, to provide all the terms and
conditions for their and operation. and create
corporations Instruments TO facilitate the gov
eminent In the performance of this exclusive func