davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16

of the instrument and the objects OF the
power as q national power in order to
expound its meaning, must come into
Operation.
I'm accord with this view would appear
to be that Of John Randolph Tucker.
who, in his work on the Constitution,
says:
The establishment of post Offices may
include the power to create them II
necessary and proper to carry out that
to the words post roads" 1t may in
volve the construction Of roads If neces-
sary and proper for postal purposes. The
practice of the government under the
has been to designate. and thus give
legal sanction and status to. the roads
of the states as the postal roads of the
government. II there were no roads,
they being necessary to the transmission
of mail matter, to make a road under
else of power. The fair construction Of
the whole clause therefore Is that as
the mails can only be carried on roads
upon the land. the power to establish
post roads was intended to grant the
power to make them, II there were none
already made, where roads were neces-
sary for postal purposes.
mo consideration is here given to the
question of expediency or to the great
commercial. political and military ad-
whole country and to all Of it's people
from the construction or aid of these
roads by the federal government. That
phase Of the question has been too ably
dealt with for a long time past by
speakers and writer's in and out of Con-
gress to call for more than passing
notice here. and the opinion in favor OF
such improvements seems almost unani-
nous. Neither has any stress been laid
upon the implied powers Of Congress or
that clause which gives it the power to
make all laws which shall be necessary
and proper for carrying into execution
the foregoing powers. ETC.
ut Is contended that Congress has the
power to aid in the construction, to con-
struct, to improve, to repair, and to keep
open such roads as may be necessary
and convenient for the transmission OF
mails The grounds for such contention
are the words of express grant in the
Constitution itself: the judicial sanction
which that view of the question has re-
ceved in the only case on the subject
which has ever reached the courts: the
unanimous opinion of the standard law
writer's on the subject; and the prece-
dents set by the contracts heretofore en-
tered into between the government and
various railroads by which those roads
received material assistance in their con-
struction and were in turn designated as
post roads,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16

Of which those, roads Were constructed,
Congress certainly designated those
roads as mail roads. But if surveying
a line through the wilderness, ievellng
hills and filling valleys, placing ties and
laying steel rails do not constitute con-
struction, it would indeed be difficult to
define the word. and in these instances
designation certainly preceded con-
strLction.
Further, it is not admitted that Con-
gress has not exercised this very power
with reference to this object In addition
to the Cumberland road, above referred
the construction of a road from Athens
on the frontier OF Georgia to New Or
leans and a road or roads through the
territory lately ceded by the Indians to
the United States from the mississippi
to the Ohio and the former Indian boun-
Diary line established by the treaty of
Greenville; also a road from Nashville in
Tennessee to Natchez In Mississippi.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16

n n interesting point in connection
~ with the recent discussion OF
- the question of federal aid in
II the good roads movement is
the constitutional problem which
is involved and which is receiving serious
attention not only by members of the
Joint committee on federal aid in the
construction of post roads, but motorists
in general throughout the United States.
At a recent hearing before the JOINT
committee an interesting statement was
presented by Horace Atkisson, local
attorney, on 1.-The express power or con
gress under the Constitution to construct
post roads, In discussing the situation,
he said:
From the early history of national ROAD
building in the United States, and the
debates in Congress as to the power oi
the general government under the Con-
stitution to construct roads from one
state to another, as we'll as from the
writings of the few authors who have I'M
dertaken to explain the meaning OF this
feature of the Constitution. it appears
that the whole question hinged upon the
implied power given to Congress to con-
struct roads and canals and improve mar
bors and watercourses for the general
welfare and for the common defense; ana
that the express power to establish post
offices and post roads received little, II
any, attention in the controversy.
Roads were then considered merely as
internal improvements. and the question
Of their construction was therefore placed
on the same footing as the improvement
of rivers and harbors. The question OF
their use for the convenient transporta-
ton of mails hardly entered into the dis
cussion at all.
This question of internal improvements
had arisen before the adoption OF the
Constitution in 1877. negotiations hav-
ing taken place between different states
in regard to undertakings of this sort.
such as the construction of roads ana
canals and the improvement of rivers and
harbors which would be to their mutual
advantage In the Federalist. Madison
himself pointed out how greatly the
Union would be strengthened in the fu-
ture in this way.
I'm 1906, during Jefferson's administra-
ton, a bill was passed for the construc-
ton of a national road from Cumber-
land, in Maryland, to a point In the state
of Ohio; but a bill for the preservation
of this road was vetoed by Monroe in
1921 as being unconstitutional. although
he recommended an amendment to the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
Distinct From Military Road.

ITO quote again from the language OF
Mr. Story: This question as to the right
to lay out and construct post roads is
wholly distinct from that more general
power to lay out and make canals and
military and other roads. This latter
power may not exist at all. even If the
former should be unreasonable. 1t
turns upon question of implied power.
The other turns upon the true interpre-
tation of words of express grant. Nobody
doubts that the words establish post
roads may. without violating their re-
ceived meaning in other cases, be con-
strued so as to include the power to lay
out and construct roads The question
is whether that is the true sense of the
word az used in the Constitution. And
here. If ever, the rule OF Interpretation,
which requires us to look at the nature
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16

that speculative scruples on this subject
would probably be soothed by the prac-
teal blessings resulting from the appli-
cation of the power, and the extent and
limitations of the general government in
relation to this important interest set
led and acknowledged to the satisfaction
Of all. Says Chancellor Kent: This dec
laration may be considered as withdraw
ing the influence of the official authority
of the President from the side on which
it has hitherto pressed, and adding it to
the support of the preponderating opin-
ion in favor of the competency Of the
power claimed by Congress.
Three bills for government subscrip-
ton to the Maysville turnpike road We're
passed and vetoed by President jack
son in 1890: but it soon appeared that
he laid claim only to the right to decide
In each particular case whether or not
the matter was properly a national I'M
dertaking, and whether the use of feder-
al resources was expedient.
president jackson. in 1890. declared
himself to be of the opinion that Con-
gress did not possess the power to con-
struct roads and canals, or appropriate
money for improvements of a local char
acter: but he admitted that the right to
make appropriations for such as were OF
a national character had been so gener-
ally acted upon and SO long acquiesced
in as to Justify the exercise of 1t on the
ground Of continued usage. He objected,
upon that distinction, to the bills author
1ZlnR subscription 10 the 11dySNlll6 anu
Rockville Road companies as not being
within the legitimate powers of Congress.
those roads being confined within the
boundaries Of a single state, Kentucky.
During all this time the constitutional
question did not progress an inch. but one
internal improvement after another was
undertaken. and the system was con-
stantly pushed further and further. Ihe
same objections that We're raised to the
construction of roads by the federal gov
eminent were raised against the i'm
provernent Of rivers and harbors and to
the same extent. In 1916 President Polk
vetoed a bill for the Improvement Of
rivers and harbors on the ground that 1T
was unconstitutional. In 1877. the House
of Representatives resolved by a large
majority that the general government has
the power to improve harbors and rivers
for the advantage of commerce and for
the common defense
7 "Still we hear little or no mention OF
the undoubted power of Congress to con-
struct post roads by force of the express
power given to it in article L. section 8.
of the Constitution: Congress shall have
power to establish post offices and post
roads
Two Opposite Opinions.
Upon the construction of this clause Of
the Constitution two opposite opinions
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16

lar to the one owned by E. B. Mclean.
only that the countess roadster is of a
battleship gray color, while that of Mr..
Mclean is canary yellow. No doubt
there will be many speed contests when
these two cars meet on the road. as the
countess always enjoys a little speed
when on the road.
An Increase Of Models.
Comparing the statistics that have been
mercial vehicles for the coming season
with those of last year, there is de-
cided tendency on the part of a good
proportion to increase the number OF
models manufactured. In cases where
small model was manufactured last year
one or more chassis OF heavier carrying
capacity have been added to the line, and
in not a few cases the makers Of hsayy
duty trucks having found that they we're
losing business with concerns to whom
they had sold the large trucks when
these customers came to buy trucks OF
smaller capacity which they did not
make A competitor by this means OBJ
tanned the footing in some cases equally
as strong as the pioneer manufacturer.
Besides the question Of additional moo
els, the subject of overload has been met
by many of the manufacturers in the
following manner: Without directly stat
Ing or guaranteeing that their trucks
will withstand any specific overload over
and above the rated capacity, they. new
ertheless appreciate the fact that at
times the trucks may be inadvertently
overloaded or undue strain may be
caused by circumstances beyond the con-
troll of the owner or his driver. Con-
sequently. the chassis frames. axles and
steering gears have in many cases been
strengthened to take care Of additional
strain
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
Gives Explicit Powers.

w
"No word could possibly have been
chosen that would have given more ex-
plicit power to Congress than this word
establish
"In his commentaries on the ConstitL-
ton Mr.. Story says: Establish accord
ing to Johnson and Webster means to
settle firmly to confirm. to fix, to form.
to found, to build firmly. to erect per-
manently. This is also the popular and
generally accepted meaning Of the word
There is no such known sense of the
word establish as to direct. designate or
point out. Again, in legislative acts. In
state papers. In the Constitution itself
the word is found with the same general
sense now insisted ton-to create, to form.
to make, to construct to settle, to build
up with a view to permapence. To con-
strue the word in any of the instances
used in the Constitution as to designate
or point out would be absolutely absurd.
For example, to establish justice. to
establish the Constitution. te establish
courts, to establish naturalization and
bankruptcy laws
1.-The opponents of this power of Con-
gress to build post roads have laid great
stress upon the fact that Congress has
never undertaken to make any roads,
over which the mails should pass. Is
this position tenable? Does the statute
of limitations run against the govern
ment? Does the government lose a right
by nonuser?
However, Congress has never desig-
mated any roads over which mail shall be
carried. 1t has always been satisfied to
name the points between which mail
shall be carried, and until this day of
railroads and it's contracts with them
has never designated or pointed out over
which Of two or more roads the mail
shall be carried. All roads and all canals
and other water courses over which the
mails are carried have by congressional
enactment been made post roads but
this designation has always followed
previous choice of those routes by the
mail service.
'In the grants and concessions made
by the government to the Mobile and
Ohio railroad, the Illinois Central and
the various Pacific railroads, by means
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
= = y y
S. G. Y. Landaulet.

That the foreign legations are constant
ly patronizing the makers of American
built motor cars was never better demon
strated than last week. when the Siamese
legation in this city purchased from the
local representative a 8. G. v. landaulet
for use of the members of the embassy at
social functions. The car is of the six
passenger type and equipped with electric
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
@;E iesoAs

1913.
March -22-Wilkes-Barre, Pa.
March 1S-22-Buffalo show.
March 19-25-Boston truck show.
March 19-25-Boston, Mass.
March 24-9eIndianapolis
May 5-S-Motor truck reliability
run. auspices the Washington Post,
Washington. D. c.
May 30-Indianapolis speedway
meet.
June 25-29-Chicago Automobile
Club reliability to Boston. Mass.
July 12-French grand prix.
November 25-Vanderbilt road
race at Savannah. Ga
November 27-Savannah grand
prix.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16

DR.. j. Thurston Wolfe, touring car: Miss
A. Hardin. runabout; w. A. Walker.
runabout; George P1ummer, roadster: j..
A. Heany, turtle-back roadster. and j.
Beattie, a touring car. Miss Annie n
Bready has ordered turtle-hac6
roadster.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
Congress Has Vague idea.

ject seemed to prevail in Congress, II
one may judge from vote taken March
IA, 1918. BY so to rs votes 1t was decided
that Congress could appropriate money
by 81 to 81 that it had not the right to
construct post and military roads; and
by So to 81 that it could construct canals
for military purposes.
In the inaugural address of President
John Quincy Adams, on the 4th of March.
1925. he alluded to this question, and his
opinion seemed to be in favor of the
constitutional right and of the policy and
wisdom of the liberal application OF the
national resources to the internal i'm
proyement Of the Country. He intimated
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
Denied Constitutional Power.

Jefferson, Madison and Monroe ia
vored internal improvements. but denied
that the Constitution gave Congress the
express power to make them, altnousn
Madison In his message of December 3,
1916. spoke expressly Of the existing
powers of Congress which needed only
enlargement. March IA. 1918. resolu-
ton was passed by the House OF Repre-
senta.;yes that Congress had the power
to appropriate money for the construc-
ton of roads and canals and for the I'M
provement of warehouses;.
''In opposition to this power of Congress
there was much quinoiing over WORDS
and legal technicalities' and much 'reas-
oning in circles For example, in his
message of 1898, vetoing the appropria-
ton for the Improvement OF the cum
ber!and road, Monroe commended that the
building of the Cumberland road mad
been originally commenced and so far
executed under the power vested in Con-
gress to make appropriations for the pup
lie welfare Under this he claimed that
while Congress could not make inc
roads, it could appropriate money in aid
of their construction Clay declared :.
absolutely inadmissable to appeal to this
particular right because the appropria-
ton of money is a result and not a
cause
Another contention raised by those in
opposition to this power of Congress was
that 1t would be taking jurisdiction by
the federal government over a large eX-
tent OF territory Deionglns 10 the Stdtes,
in violation of the rights of those states.
There was much needless debate on this
phase OF the question: and much undue
Importance was attached to IT, Tor the
reason that even those who were most
strongly inclined to the view that Con-
-sress had such power to make internal
at the same time conced-
red that 1t must be done with the consent
% the state, just as the consent or the
state is necessary to the erection OF FORTS
rfsa gaines. arsenals and docks. However,
Clay. in 1918. contended that the states
and the federal government had concur
rent rights of eminent domain, which en-
titled them to make roads and even TO
seize private property for such purposes.
provided an equivalent was paid there.
for. In making this contention he relied
on the fifth amendment to the Constitu-
ton: Private property shall not be taken
without just compensation In this view
he was supported by Mr.. Cushman OF
New York and Mr.. Lowndes of South
Carolina, the latter claiming. however,
that only an emergency would JUSTIFY
such an act and that the necessity should
be determined by the government itself.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
Commercial Line Broadened.

The field of commercial vehicles has
considerably broadened during the last
year, and at present the buyer has a
fore Despite the fact that several MAX
there are, in round figures twenty more
makers listed this year than last. The
number of models has also materially in
creased by about 100.
X * * X
Firestone Manager.
J. A. Smith, for the past four years in
charge of the solid tire branch of the
Firestone Company of Philadelphia, has
been appointed manager Of the Meeley
Tire Company of this city, local repre-
sentative for the Firestone line. Mr..
Smith was for a number of years con-
nected with the Goodrich Tire Company
at Akron.
Endorses Convict Labor.
Col. Edwin A. Stevens, road commits
sioner of New Jersey, after seasons
trial of convict labor on the roads of his
state, is enthusiastic in indorsing the
policy generally. THE experiment Of
convict labor on state roads," he says,
which was proved to be success in
one week, is only the beginning of good
road building beyond what We already
have, and at price which will spread
out the money of the state beyond its
present confines
Driving a Loco.
Countess Gizycka. daughter of Mrs. E.
M. Patterson, owner Of the Chicago Tri-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
Hupmobile Sales.

Chick Gandil, first baseman OF the
Washington team. will be in Washington
shortly to accept delivery of a Hupmo-
bile ..32" touring car Among the re-
cent purchasers of Hupmobies are
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
BEFORE Ir1PRovEMENT
KoAp NEAR hTERs DURG.NA

Constitution giving Congress the power
to make improvements for great national
purposes.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16

support armies. etc.. it purchases the
land and erects the buildings thereon
for military academy; and a naval
academy likewise from it's simple ex-
press power to provide and maintain a
navy Other instances ad tnfnitLm
might be cited. What is the difference,
save in the application, between con-
structing a house and constructing
road?
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
Cuts Cost of Gasoline.

Every one who owns an automobile or
motor boat is directly concerned in the
increased cost of gasoline. and each rise
in the price of this commodity is new
cause for concern. There can be no quar-
rel with the assertion that il a motor
could be made to consume less gasoline
there would be a consequent reduction in
the monthly gasoline cost. Motorists
everywhere who have been putting on
their thinking caps are just beginning to
realize that If they could keep their en-
gines clear of carbon they would not
need as much gasoline. Carbon is form
ing all the time the engine is used, and
as it accumulates 1t becomes red hot
and ignites the gas the minute it gets
into the combustion chamber and burns
it up and causes premature explosions
No matter how scientific a carburetor
you may have. 1t is said, If you waste the
gas by burning it before the explosion
can be effective 1t stands to reason that
you are wasting gasoline. not to speak OF
the damage you are doing to the motor.
If the motor could be kept clear of car
bon you would save practically half OF
your gasoline bill, because you would
not have to feed rich mixture and
would get every ounce Of efficiency out
Of the gasoline used.
Six Little Yankees, it is claimed, Will
keep the engine clear of carbon pinnacies
II properly uSeu. IHiS IA OOuSt - q hoAA
LIQUID, harmless and non-explosive, and
gasoline reducer.
X X II
1918 Oakland Sales.
Among those who purchased 1913 Oak
land cars last week were Fritz Theune,
a model AZ roadster, finished in gray,
and J. D. Darnell, a model AZ, five-passen-
ger touring car. finished in gray.
1918 five-passenger Oakland touring
car. also finished in gray, was delivered
to G. W. F. Swartzell of this city.
Palmer-Singer Notes.
The Warrington Motor Car Company
of this city closed contract last week
with Alexander s. Woodward for the
Palmer-Singer agency in Baltimore.
L. NJ Dustin, sales manager Of the
Palmer-Singer Company Of Long Island,
was the guest OF c. H. Warrington dur
ing his brief stay here last week.
X X \
Warren Deliveries.
Recent deliveries of 1918 six-cylinder
Warren cars were announced yesterday
as follows: Creole Davis. 5O-horsepower,
seven-passenger electric starter and
electrically lighted touring car, finished
in gray: G. w. Travers, 50-horsepower,
seven-passenger touring car, finished in
cream, and b. A. Blenner, car of the
same type finished in blue. Four-cylin
Continued on Sixth Page.)
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
Big Eastern Factory.

What is declared will be the largest
automobile factory in the world is to be
erected at Bridgeport, Ohio, by a new
motor manufacturing company.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
PETERsBURG.M-.
-AFTER MPRoVEM ENG
Top -So1LsGRAvEL RoAD

lighting system. The exterior is finished
in blue with white stripping, while the in
terror is upholstered in Mexican leather
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16

Two Opposite Opinions.
Upon the construction of this clause Of
the Constitution two opposite opinions
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16

Continued on Sixth Page.)
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-16
BY HOWARD S. FISK.

n n interesting point in connection
AZ with the recent discussion OF
the question of federal aid in
the good roads movement is