A Letter to the Postmaster-general: Reviewing the Recommendations of His Annual Report in Favor of a Postal Telegraph

Framsida
1874 - 38 sidor
 

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Sida 31 - It would be a very curious and unsatisfactory result, If, in construing a provision of constitutional law always understood to have been adopted for protection and security to the rights of the Individual as against the government...
Sida 31 - ... received the commendation of jurists, statesmen and commentators as placing the just principles of the common law on that subject beyond the power of ordinary legislation to change or control them, it shall be held that if the government refrains from the absolute conversion of real property to the uses of the public it can destroy its value entirely, can inflict irreparable and permanent injury to any extent, can, in effect, subject it to total destruction without making any compensation, because,...
Sida 6 - Act to any other corporation, association, or person: provided, however, that the United States may at any time after the expiration of five years from the date of the passage of this Act, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects, of any or all of said companies, at an appraised value, to be ascertained by five competent, disinterested persons, two of whom shall be selected by the Postmaster-General of the United States, two by the company interested,...
Sida 32 - when a law annihilates the value of property, and strips it of its attributes, by which alone it is distinguished as property, the owner is deprived of it according to the plainest interpretation, and certainly within the spirit of a constitutional provision intended especially to shield private rights from the exercise of arbitrary power.
Sida 27 - July 24, 1866, to appoint appraisers to value the " lines, property, and effects " of the companies now in operation, and as the Western Union Co. appears to be unwilling to make a voluntary sale at a fair price, I recommend that provision be made by law for the immediate establishment of the postal telegraph, and for the construction of all such lines as may be needed, under the direction of competent officers of the Engineer Corps of the...
Sida 13 - ... soundness of the former, and the approximate correctness of the latter, notwithstanding the efforts which have been made to invalidate them. Ample time has elapsed for a full and free discussion of the subject in all its bearings, but no points have been developed which have not already been considered. One fact is conspicuous and most significant, and that is, that the opposition to the postal telegraph comes almost entirely from the telegraph companies and those directly interested with them...
Sida 31 - Such a construction would pervert the constitutional provision into a restriction upon the rights of the citizen, as those rights stood at the common law, instead of the government, and make it an authority for Invasion of private right under the pretext of the public good, which had no warrant in the laws or practices of our ancestors.
Sida 10 - I am decidedly of opinion that, if the public interest re quires a postal telegraph, it should be put entirely into the hands of the Government. If, on the contrary, a postal telegraph is not so demanded, then the Government should not favor one private company to the exclusion of another, nor should it in anywise enter into competition with pri vate enterprise.
Sida 32 - ... indirectly which it cannot do directly? If it cannot take away or resume the franchise itself, can it take away its whole substance and value? If the law will create an implication that the legislature shall not resume its own grant, is it not equally as natural and as necessary an implication that the legislature shall not do any act directly to prejudice its own grant or to destroy its value? If there were no authority in favor of so reasonable a doctrine, I would say, in the language of the...
Sida 14 - This is certainly an anomalous condition of affaire among a people the first in the world for intelligence and business activity. It may, however, be regarded as settled that, while under the control of private companies whose chief object is to make a profit for their stockholders, and whose skill and labor are expended in efforts to advance the prices of their stock, and to enforc-e the highest rates to which the public can be made to submit, the telegraph will never become a general medium of...

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