Good Roads: Hearings Before the Joint Committee on Federal Aid in the Construction of Post Roads, January 21, February 10, 11, 18, 1913 ; Part I. (Second Print).

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Page 170 - Congress to establish and maintain such highways and bridges, it would be without authority to regulate one of the most important adjuncts of commerce. This power in former times was exerted to a very limited extent, the Cumberland or National road being the most notable instance. Its exertion was but little called for, as commerce was then mostly conducted by water, and many of our statesmen entertained doubts as to the existence of the power to establish ways of communication by land.
Page 170 - The power to construct, or to authorize individuals or corporations to construct, national highways and bridges from State to State is essential to the complete control and regulation of interstate commerce. Without authority in Congress to establish and maintain such highways and bridges, it would be without authority to regulate one of the most important adjuncts of commerce.
Page 170 - It can not at the present day be doubted that Congress, under the power to regulate commerce among the several States, as well as to provide for postal accommodations and military exigencies, had authority to pass these laws.
Page 169 - States includes the control of the navigable waters of the United States so far as may be necessary to insure their free navigation ; and by 'navigable waters of the United States' are mcaut such as are navigable in fact, and which by themselves, or their connection with other waters, form a continuous channel for commerce with foreign countries or among the States." The Delaware River, opposite the city of Philadelphia, is a part of such navigable waters of the United States.
Page 170 - The act of Congress now in question declares the construction of the North River Bridge between the States of New York and New Jersey to be " in order to facilitate interstate commerce " ; and it makes due provision for the condemnation of lands for the construction and maintenance of the bridge and its approaches, and for just compensation to the owners, which has been accordingly awarded to the plaintiff in error. In the light of the foregoing principles and authorities, the objection made to the...
Page 170 - And whenever it becomes necessary, for the accomplishment of any object within the authority of Congress, to exercise the right of eminent domain and take private lands, making just compensation to the owners, Congress may do this with or without a concurrent act of the State in which the lands lie.
Page 169 - That any bridge built in accordance with the provisions of this Act shall be a lawful structure and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over any railroad, street railway, or public highway leading to said bridge...
Page 169 - The Congress of the United States, being empowered by the Constitution to regulate commerce among the several States and to pass all laws necessary or proper for carrying into execution any of the powers specifically conferred, may make use of any appropriate means for this end. As said by Chief Justice Marshall, "The power of creating a corporation, though appertaining to sovereignty, is not, like the power of making war, or...
Page 42 - ... the Union," vital both to the government and to individuals. But there was also the problem, lately acute, as to whether Congress had simply the power "to designate, or point out, what roads shall be mail roads, and the right of passage or way along them when so designated...
Page 42 - I at the same time intimated my belief that the right to make appropriations for such as were of a national character had been so generally acted upon and so long acquiesced in by the Federal and State Governments and the constituents of each as to justify its exercise on the ground of continued and uninterrupted usage...

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