The Birmingham age-herald., 1919-04-17

The case came from the office of Attor- ney General J. .. Smith, following an adverse ruling by Judge William l@ Martin of the equity side Of the Mont gomery circuit court. Horace Wilkin- son, assistant attorney general. fought the case through the two courts pre-. pairing lengthy briefs to support his con tention that MT. Burleson had no au- thority to increase rates for messages in Alabama. Judge Martin promptly re- fused to grant an injunction and the case went to the chief justice, this being per mitted by the state law.
 Justice Anderson, in his lengthy opin- ion, deals with decisions and the history of the postal service in the country. Answering the contention that the resolu- ton of Congress did not authorize the lines to be controlled by Mir Burleson the chief justice says this is without merit because it would have been inn possible for President Wilson to have taken personal charge of the operation I of the lines.
 After quoting an authority on the pos- | tai StTNlte tIlt JuStiSC says. H. ebNi~ fore, these lines have been lawfully made
 an adjunct or part and parcel Of our postal system, though only for short period and primarily as an aid to our I national defenses, they are for the time | being subject to the exclusive control of 1 Congress, except in so far as certain | rights may be left by it to the states,
 and in the absence of such authority the
 states have no more right to regulate the rates and charges than they have l the right to regulate and prescribe the | rate of postage on letters and parcels between points within the state and this would be result whether the adoption of said lines as part of our postal sys- tenn should be permanent or temporary, 1 or whether in time of peace or war So 1 the question IS, have these lines ceased l to fall under the influence of the intra- l state clause by becoming an integral 1 part of our postal system, so as to give Congress the complete control of same to the exclusion of the states? Section Is of article l gives Congress the power to establish postoffices and postroads, land this section has been practically con | strued since the foundation of the gov ernment to in effect give the fedora government the absolute control of all matters incidental to the growth and ex-
 matters incidental to the growth and ex- | ment. lntIuulIlS every ultdnS lOT tnt Sdie and successful accomplishment of the :, ends for which it designed.
 | MUST KEEP PACE
 1 It would not only be reactionary. but Ia very narrow interpretation to confnt this section of our constitution to the method and means existing at the time l of it's adoption of communication be- tween our citizens It should be liberally 1 construed so as to keep pace with the progress and development of the country and the sending of telephone or tele l graph message, or conversing over th' | telephone is but quicker method o communication than by letter and they l all have one common purpose and accom- plish the same general result; and there can be no doubt but that the telegraph land telephone lines can validly become q part of the postal system. and as sucf jcontroled and regulated entirely by Con Gress.
 | "s : The proclamation of the Presi Il dent under the resolution in question, a s suming charge and control of the tele graph and telephone lines and directing Postmaster General Burleson to assum jthe direction and control of same. doc not specifically set forth that they shal
 hecome part of the postal system