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 $75 Haviland’sand other white china at bot tom prices. Also just arrived an invoice of (my J7O 00 Building and fixture*, - - % 1,.YJ5 14 Real OHtuto, ..... H.Ofil |$ 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.