The postal power of Congress: A study in constitutional expansion

by Lindsay Rogers

[361] Freund, Police Power, p. 168 ff.

[362] American State Papers (Postoffice), vol. xv, p. 230. See an interesting article on this subject in the North American Review, July, 1830.

[363] American State Papers (Postoffice), vol. xv, p. 358.

[364] 163 U. S. 299 (1896). “... legislative enactments of the states passed under their admitted police power, and having a real relation to the domestic peace, order, health and safety of their people, but which, by their necessary operation, affect to some extent, or for a limited time, the conduct of commerce among the states, are yet not invalid by force alone of the grant of power to Congress to regulate such commerce, if not obnoxious to some other constitutional provision or destructive of some right secured by fundamental law....”

[365] Nelson v. State, 25 Texas App. 599 (1888). In some states express exemptions are made for the transportation of the mail. Cf. State v. Norfolk & W. R. Co., 33 W. Va. 440 (1890). A typical Sunday observance statute is the following: “No person whatsoever shall work or do any bodily labor on the Lord’s day, commonly called Sunday; and no person having children or servants shall command, or wittingly or willingly suffer any of them to do any manner of work or labor on the Lord’s day (works of necessity and charity always excepted)” (Public General Laws of Maryland (ed. of 1904), art. xxvii, sec. 384). The general proposition that the state regulations do not apply to postal employees is supported by Commonwealth v. Knox, 6 Mass. 76 (1809), which held that it is not an indictable offence for a carrier of the mail to travel on Sunday. This exemption was not applied to passengers, “nor may he [the carrier] blow his horn to the disturbance of serious people.” An indictment did lie, however, against the chief justice of Massachusetts and his associates for travelling on Sunday (1793). See “Sunday Laws,” in 2 American Law Review, 226.

[366] U. S. v. Hart, 1 Peters’ C. C. 390 (1817).

[367] 5 Opinions of the Attorneys General, 554 (1852).

[368] Illinois Central R. Co. v. Illinois, 163 U. S. 142 (1896). See also 143 Ill. 434; 19 L. R. A. 119 (1892).

[369] Mississippi R. Commission v. Illinois C. R. Co., 203 U. S. 335 (1906). See also Atlantic Coast Line R. Co. v. Wharton, 207 U. S. 328 (1907).

[370] U. S. v. Barney, 3 Hughes’ Reports (U. S. C. C) 545 (1810).