2
THE POSTAL SYSTEM
THE TELEGRAPH AND TELE
PHONE SHOULD HE A
PART OF IT.
ITS LEGAL ASPECT DISCUSSED
An Inquiry Into the Constitutionality
of the Government Ownership and
Operation of these Means of Common
ication—Objections to the Proposi
tion Answered--Franehises of the
Telegraeh Lines Already Belong to
the Government by Act of Congress,
From the American Law Review.
Many who admit the great advantages,
nay, the necessity of the telegraph and
telephone being operated as a part of the
postal system, are deterred by the in
quiry, is it constitutional? In truth it i«
unconstitutional for this essential branch
of the postal system to be operated by a
private monopoly, or in any other man
ner than by the government.
When the constitution placed the post
office in the hands of the government, it
conferred its exclusive operation, and
with it all means of operating it to the
best advat tage, upon the government.
The same clause of the Constitution of
the United States (Art. 1, Bec. 8) which
empowers Congress to declare war, raise
and support armies and a navy, to coin
money, regulate commerce and borrow
money on the credit of the United States,
includes the provisions to “establish
post offices and post roads.” If the
power ot the government is exclusive as
to the other provisions it is so also to the
post office for all these powers are con
ferred by the same clause and by the
same words, in the same breath as it
were The numerous and decisions of
the United States Supreme Court hold
ing the power of Congress over the post
office and the carrying of mails to be
exclusive renders unnecessary any discus
sion of an undisputed point. It is inter
esting to note, however, that in 1836,
Hon. John C. Calhoun, the leader of the
strictest constructionists who denied to
the general government all powers not
already granted, in a report made by
him ss chairman of a committee of the
United States Senate said “it must be
borne in mind that the power of Congress
over thepos;office and the mailisancx*
elusive power.” These words have been
cited and approved by the Supreme
Court of the United States in the case of
exparte Jackson sd recently as the 96
United States Reports on p*age 734.
The bestowal of the exclusive right and
duty to ope: ate the postoffice carried
with it the exclusive right and duty to
use all the agencies that would make the
postoffice most highly efficient, as such
agencies, from time to time, should be
improved or invented. On this principle
the first telegraph lme was built by a
congressional appropriation under a
‘ ‘ strict construction ” ad ministration
(Polk’s) and the telegraph belonged to
the government from 1844 to 1847, and
when under mistaken notions of economy
it was then turned over to private owner
ship, Henry Ciay, the great leader, and
Cave Johnson, the Democratic Postmas
ter General, were among the public men
who went on record as earnestly
protesting against such a step. In
deed, the Bupteme Court of the United
States, in an unanimous opinion, has
held that the telegraph came within the
grant of power to establish the postoffice.
That opinion, delivered by Oh’ef Justice
Waite, says;
"“The powers thus granted are not con
fined to the instrumentalities of the pos
tal service, known or in use when the
constitution was adopted; but they keep
pace with the progress of the country
and adapt themselves to the new devel
opments of time and circumstances.
They extend from the horse with its
rider to the stage coach; from the sail
ing vessel to the steamboat; from the
coach and steamboat to the railroad, and
from the railroad to the telegraph, as
these new agencies are successively
brought into use to meet the demands of
increasing population and wealth.” Pen
sacola vs. Tel. Co., 96 U. S., 1.
And Justice H. B. Brown, who is re
cognized as one of the ablest members
of the United States Supreme Court, in
the leading article in the August Forum
says: “If the government may be safely
intrusted with the transmission of our
letters and papers, I see no reason why
it may not also be intrusted with the
transmission of our telegrams and par
cels, as is almost universally the case in
Europe.” Congress placed the same
construction on its powers, by chapter
230, Acts 1866, which provides that all
telegraph lines thereafter built should be
constructed under the notice, and only
after the company signing a contract,
that the government may at any time
take over such telegraph lines upon pay
ing the value of its material.
It will be noted just here that, so far
as railroads are used for the transmis
sion of mail, they were promptly, and
from the beginning, adopted and used
exclusively by the postoffice. Whether,
ia so far as railroads are used for the
entirely different purpose of carrying
passengers and freight, they shall be
taken over by the govern men*, is an en
tirely different question, standing on its
own basis, which has never affected the
undeniable right and duty of the govern
ment to use them exclusively, so far as
they are used for the carriage of mails.
But the telegraph and telephone (so far
as used by the public for hire) are, and
can be, only used for the transmission of
mail, and unquestionably come within
the exclusive grant to the government of
operating the postoffice. The telegraph
and telephone are simply the electric
mail, or mail sent by electricity, just as
the railway mail Ls sent by steam agency
in preference to the horse power form
erly used in the days of stage coaches
and horseback riders and canal boar*.
When the government shall assume i s
duty of sending the mail by electricity
railroad companies can still operate then
own telegraph lines on their own busi
ness and private telephone lines will still
exist, just as railroads and others maj
now send their own letters by their owe
agents, (U. 8. Rev. Stat 3984), but nol
carry them for others for hire, (U. S.
Rev. Stat. 398*) Then, as now, the
government would only have the exclu
give privilege of carrying mail foi
hire, (U. S. Rev. Stat, 3990). This
privilege of carrying mail for hire,
whether sent by electricity or steam or
stage coach, or on horseback, is an ex
elusive governmental function, and no
corporation or monopoly can legally ex
ercise any part of it, It is the duty of
the government to do it, and to do it. in
the quickest and most efficient manner,
and at the lowest possible rate consistent
with the cost.
The Army and Navy and the Depart
ment of Justice are departments of ex
clusive governmental functions, in the
same manner and to exactly the same
extent as the postoffice. But suppose
that some branch of the Department of
Justice (as by turning in the fines, pen
alties and tax fees), or of the War or
Navy, could be made a source of reve
nue, would it not be singular to turn
over that revenue paying part of those
departments to a private monopoly, leav
ing the people to support the non profit
able part? Yet that is exactly what is
done with the Postoffice Department
Though the Postoffice is ks exclusively a
governmental function as the Army or
Navy or the Department of Justice, the
government operates only the slow, anti
quated non paying part of the postoffloe,
leaving the taxpiyers to make up an
annual deficit of six or eight millions;
while the rapid, improved, up to date
part of the postoffice, the rapid or elec
trie mail, is operated by a private mo
nopoly and pays a heavy dividend on its
watered stock of 150 millions ten times
the actual value of its plant,
Besides, this system is unjust, for
the private monopoly naturally se
lects the best paying districts, and
a large part of the people are de
nied the advantages of a mod
ern posteffiee. Iu every country, save
ours alone, the power of the monopoly
has failed to maintain a system so un
constitutional and so opposed to the best
interests of the public. Hence, in every
country except ours, the telegraph and
telephone are constituent parts < f the
postoffice, with the double result that
the postoffice facilities of the telegraph
and telephone are extended to the coun
try postoffices and the postal revenues
show a profit instead of a loss. Notably
Great Britain, which has most widely
extended the use of the telegraph and
telephone as a part of its postoffie, shows
a large annual profit from its poatoffice
instead of the deficit which was usual
before the telegraph and telephone were
added to that department by Mr. Glad
stone in 1870.
But there are those who say that the
telegraph and telephone would centralize
the government. Yet it would be hard
to see why an efficient postal service is
more centralizing than an inefficient one,
or why mail sent by electricity or pneu
matic tubes (which should be adopted in
the large cities) is more centralizing than
mail sent by horseback or by steam. It
is a puzzle to understand why ownership
of telegraph or telephone wires costing
less than $lO per mile should imperil !
the government more than the owner- j
ship of gunboats, or postoffice buildings,!
or postal cars. If it were the question
of adding new functions to the govern-!
ment, as the ownership of railroads and '
the carrying of freight aud passengers, |
this argument would be a legitimate one :
for debate. But when the constitution
has a'ready turned over the exclusive
duty of the transmission of mail to the
government, there can be no argument of |
this kind properly used against the in-1
troduetion of the most improved meth
ods for the transmission of the mail, j
whether by electricity or pneumatic J
tubas.
Telegraphic dispatches would be sacred
in the hands of government employees .
as other mail is now, or as the telegrams j
are in the hands of the employees of a
private corporation. Besides, govern
ment employees, especially under civil
service rules and subject to the super
vision of public opinion, would be less
capable of using the telegraph for parti
san purposes, as has been done under j
corporation ownership, and as was fla- j
grantly attempted to be done in the first j
Cleveland election, as every one remem- j
bers.
With telephones at all country post- j
offices and al: villages and the smaller;
towns, few additional employees would |
be required, and those few would be !
added at centers which require the tele j
graph and where civil service rules ob j
tain. "The telephones and telegraphs!
would be put in the postoffice buildings j
already owned or rented by the govern-1
ment, thus saving the rent of all the
buildings now used by the private com
panics. This, and the saving of the sal- |
aries of the officials of the present cor
porations and the dividends on their
largely watered stock, would enable the
government to reduce its tolls to the uni
form rate of ten cents per message inde
pendently of the large increase in busi
ness.
In Great Britain (by the official re
port made to this government in the
United States Consular Reports for April,
1895) the increase since the government
has taken over the telegraph and tele
phone has been tenfold in private mes
sages and thirty fold in press messages:
and the improvement in promptness f
Uses
Mexican Mustang Liniment
Out his horses, on his drivers.
The News and Observer, Tuesday, Oct. 15, ’os.
delivery has been fr<*m an average of two
to three hours under private ownership
to an average of nine minutes under gov
eminent. This wonderful increase in
business has been due to the threefold
cause of cheap rates, extension of the
lines to all posh ffiees and greater prompt
ness in delivery. With wire costing less
than $lO per mile, there is no reason why
the government should not own a lino to
every postoffloe in the Union.
There should be no dicker with private
companies about leasing or purchasing
lu 1866 they only asked for five years to
close up, but when the five years were
out they had formed the present great
trust and have ever since defied the pub
lie. They have had thirty years notice
to abandon t heir use of a branch of the
governmental functions. In that time
they have received hundreds of millions
of profits illegally extorted from the toil
ing masses. They have no claim to ex
tract another dollar by lease or sale of
their antiquated or worn out inst ruments.
Let the government give the actual value
of such wires and poles as it may
wish to use and take complete and
exclusive possession of the duties
of a postoffice. Certainly the corpora
tions are entitled to uo compensation for
franchise, or loss of expected profits,
since under the act of 1866 every tele
graph line has been built under a con
t ract that it should be turned over to the
government upon payment of the as
sensed value of the material. The frail
chise has always been the property of
the government and was only tempo
rarily permitted to be used by the pri
vale corporations.
Every postmaster who can talk can use
the telephone; and whore a telegraph
office is required, the government can
employ an assistant as operator as easily
as any other clerk. Other countries,
without exception, aro doing this good
work of furnishing electric mail facilities
at cheap rates to all its people, in tho
country as well as in tho town. Why
should this government, alone of all the
world, which claims, par excellence, to
be a government of tho people and for
the people, fail iu this constitutional
duty of furnishing proper postal facili
ties and to all its people? The only
proper postal facilities tor the American
people are those which shall extend to
every nook and corner of the ropublic,
which shall be the best which the latest
advances in science can offer, and which
are furnished as near the exact cost of
the service as Is possible and without
profit. Such postal facilities the Ameri
can people aro entitled to demand as a
right. They should rest contented with
nothing short of this.
Walter CLARk.
Raleigh, N. C.
ffucklcn’* Arnica Salve
The best salve in the world for Outs,
Bruises, Sores, Ulcers, Sait Rheum,
Fever Sores, Tetter, Chapped Hands,
Chilblains, Corns, and all Skin Erup
tions, and positively cures Piles or no
pay required. It is guaranteed to give
perfect satisfaction or money refunded.
Price 25 cents per box. For sale by John
Y. Macliae.
•asy In affect,
table. They act gently bnt thoroughly
and satisfactorily. They do not lrritata
or Inflame the intestines, but leave them
la natnral. healthy condition. 25 cents.
PChlcbMUr'. f.ngliah liUmouil Brand.
ENNYROYAL PILLS
—Orlflnal and Only kcnulnf, L,
dlway* r*-ii*bl«. lad.in uk A
f- 41 y-*..l Druggist tor Chicbttter • BtyiUxh Via
murut Brand in Krd and Oold cufctallic\Vtoy
Tj. V«al*i with Won ribbon. Take
% ■lno other. Hr.pu»e dangerous mhttltu- v
I I Af‘v/ru and imitation*. At Druggist., or »«nd 4c.
| JJr In .tumpo for iwticulars. t-.timoniaU ar,4
\ *o* M “Relief for Ladle*,” in l, Mvr, by return
[V Mall. 10,000 Teatirooniali. Name Paper
t’fclo.he*ter<'heiolealC«.,Mndl*«n H.juurr,
Sold by nil tocni Drnggi.t., Vhilada.. I*a-
DECOBATf D CHINA
Tea Sets From $5 to sls
Dinner Sets From sls to $75
Haviland’sand other white china at bot
tom prices.
Also just arrived an invoice of (my <wn
importation*
Decorated Eogliih Porcelain
In open stock. Not compelled to bny in
sets, but make your own selection
of pieces.
W. H. Hughes
127 Fayetteville St.
RALKIOH, N. C„ Feb. 8,1895.
Lyon M/g. Co., Brooklyn, N. Y.
Gentlemen:—Having seen Mexican flustang Lini
ment extensively advertised hero induces me to tell you
how useful it la to persons in the livery business. I have
used it tor the past 18 yoars on my horses for almost every
thing that horses are subject to. For sprains and stiff Joints
Ido not think it has an equal, and for such tilings as
harness galls and rubs It is wonderful.
I once had a very fine driver who was thrown from his car
riage In a runaway and so severely bruised about his shoul
ders and breast that I did not think he would ever be able
to get on a carriage again. I remembered, however, what
Mexican Mustang Liniment did for my horses in case of
bruises and had him use It constantly, and In about two
weeks he was as good a driver as ever, and not an ache or
pain remained.
I know you must get tired of receiving such letters, but
1 thought I would add one more testimonial to the useful
ness of Mustang liniment. Yours truly, e
* W. n. LANCASTER,
For 18 years in livery and Transfer business.
GOATS, GAPES AND FURS.
o
We are now showing an extensive
variety of ladies Coats, Capes and fur
garments, the prevailing styles for the
season, in a wide range of prices.
Coats in Kersey, Cheviot, Boucle and
Caniche, with leg 0 mutton, melon and
mandolin sleeves.
Cloth Capes, single and double, plain,
braid and fur trimmed.
Fur Capes in Coney, Russian and elec
tric seal, astracan and persianna.
Velour and plush capes, jet, silk and fur
trimmed.
Animal head fur collars, feather and
furboas and collarettes.
0
W.H.&R.S.TUCKER&CO.
A WEEK AT THE EXPOSITION.
A^KREEJTR^PjJVITHJBOARD^INCr^^*
TO THE GREAT ATI, AWT A PAIR.
0
COME AND GO WITH US.
Let’s have a lively “Carolinian party” and have a jolly time in the Great Exposi
tion City. The Carolinian foots the bill. Both women
* and men may join in the party.
0
The North Carolinian desires to organize an Atlanta Exposition party to go
early in December and spend a week viewing the great Cotton States and Inter
national Exposition at Atlanta, and to the man or woman who secures for the
weekly North Carolinian the largest number of annual subscribers by December
Ist, 1895, at its regular subscription price, SI.OO per year, it will give a ticket from
any railroad station in North Carolina to Atlanta and return and a week’s board
in Atlanta. In order to protect any who might miss the free trip by only a few
subscribers, the North Carolinian will go farther and give a free trip, board in
cluded, to every man or woman who secures for it by December Ist, 1895, as many
as one hundred annual subscribers at our regular rates, $1 00 per year, in advance.
This is a fine opportunity to see, without cost, the greatest exposition ever held
in the South, aud with one exception the greatest ever held in the world and in
many respects larger and better than even the World’s Fair.
Let our lady and gentlemen friends in every county in the State begin now,
and let’s have a lively Carolinian party of one hundred. Your friends will sub
scribe for the North Carolinian if you will mention it to them.
THE NORTH CAROLINIAN
IS THE
Largest and Best Weekly Paper Published in North Carolina
It is a seven column eight page paper, containing the latest city, county, State,
national and foreign news. It is the paper for North Carolinians, and every North
Carolina home will be brighter and happier because of its weekly visits. Let the J
work start at once, aud let the contest be a lively one. Write to “the North Caf
olinian,” Raleigh, N. C., for blanks and sample copies of the paper. If jou begin
at once and get two subscribers a day the free trip will be yours.
Address.
THE NORTH CAROLINIAN,
Raleigh, N. C.
CROSS & LINEHAN
READY FOR THE FALL CAMPAIGN
With everything decreed by the wor'd’s dictators of Fashion for the coming season, and governed by tho moderate
price system which has built up our vast constituency, and keeps increasing it in gratifying volume season after season.
YOUR MONEY’S FULL VALUE
Is considered fair and upright dealing everywhere, but we are never satisfied unless we can go this accepted merchan
tiie truism one better; to out-do the best values of our competitors and to improve upon our own. Your inspection of prices
will, we think make evident the success with which we have applied the above principle or rather our improvement upon it.
<OIL<O 1 if——
As stylish, handsome and new as it is possib’e to make them at prices lower than most houses ask for last season’s
carried over stock.
GENTS’ FURNISHINGS AND SHOES.
No pains have been spared to make each department in its line complete, all the fashionable centres having been
carefully examined with the result that we can show you up-to-date stuff as worn by the fathionable people of to-day. We
invite your criticism.
CROSS & LIN EHAN.
210 Fayetteville Street.
WACHOVIA,
Loan and Trust Company,
WINSTON. N. C.
—o —
up Capital, $200,000
Authorized Capital, SI,OOO 000
—o—
STATEMENT.
At the close of bu*dnc** September 48, WHS
Loan*, *157,.T* V7
Overdraft!*, ..... 44 ss
Rond*, - ..... j >J7O 00
Building and fixture*, - - % 1,.YJ5 14
Real OHtuto, ..... H.Ofil |$
C'a*h on hand and in bank*, 1 14 Mg) a*
Total, VBX>,lXlo>i
Capital .... ano,«x>
Hnrplu*, • • u,iina 07
Deposit*, - - . iM .no nz
Due to bank*, - 9, 137 14
Ca»h(er’*Cheek.*, * • • v.tt a*
Total, .... v«U*J 02
June W, IW«, $
Dec, 1 ft, i*t«, 70s n
nPPftQITC- Jntie IA, ISM, NN.flafl or>
ULrUdlla. Dee 15,181*1, 147»» M
May 15, I*os, 10L»4“43
Sept. 28, 1885, 2*4,3*) 83
YOUR BUSINESS SOLICITED.
F. H. FRIES, J AS. A. GRAY,
President, Vice Prwil’t.
H. F. HHAFFNRR,
Sec’v and Treae.
AI.KRKU WILUABH, IK. | RDOAH RATWOOD
ALFRED WILLIAMS S DO.,
BOOKSELLERS AND STATIONERS.
121 FAYETTEVILLE ST:.
RALEIGH, N. C.
COMPARISON . . .
With other dealers*'
prices Is what we
ask of those who
have to buy School
Books Blank Books
Stationery, Office
Supplies, or any
thing else carried In
a first class book
and stationery store
WE BUY FOR . . .
CASH ....
AND SELL CLOSE.
r And our prices are
not undersold In
North Carolina.
Our personal Attention given to all
Orders sent us.
Catalogues free upon Application.
Alfred Williams & Co.
See How This Reads
But you won’t know unless you
read it all.
It s the Plain Tru.h
But if the truth hurts anybody
we can’t help it.
We Own Our Ware-rooms
And therefore we pay no rent.
We do Our Own Work
And therefore don’t have to
pay high salaries.
We Own Our Teams
And therefore don’t have to
pay drayage. 1
We Pay Spot Cash
And thereby get every possible
discount.
We Are Here to Stay
And we want customers tostay
with u*.
We Have 9000 Feet of Space
Covered with new and fashion
able furniture.
We Want Your Trade
And if square dealing will get
It, we will have it.
We Are Your Friends
Anl we will mske you sur
friend if you will trade with us.
J. W. Barber & Son,
Martin Street, Raleigh, N. C.
Notice.
Having qualified as executrix of the es
tate of Wm. 11. Richardson, late of Wake
county,this is to notify all personshaving
claims against suid estate to present them
to me on or before October Ist, 1896, and
those indebted to said estate are asked te
make immediate payment.
Kmkliwb Richardson,
Executrix.
Eagle Rock, N. C.