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THE CONG
<br />In view of fact that In
<br />laws protecting the ma
<br />of the Congress embr
<br />necessary to insure thtransit and prompt.deland mail matter and nails under that excluCongress but "mail"such and so long as it r
<br />contemplation of lawNational Government.D.C.Mo.1955, 137 FSu235 F.2d 930, certiora266, 352 US. 943, 1 L
<br />The power of Congress ovcn'l
<br />is not unlimited and is subject4i
<br />of Rights. Securities and•.It
<br />Commission v. Timctrust, Inc,.
<br />1939, 28 F.Supp. 34.
<br />3. Exclusiveness of power
<br />The power of the Congress u
<br />the mail is exclusive and its re2u
<br />the receipt, carriage and ultiena
<br />cry of mail "to the person to wl:
<br />directed" is therefore supreme.
<br />Maxwell, D.C.Mo.1955, 137 FSu
<br />affirmed 235 F.2d 930. certiorar
<br />77 S.C1. 266, 352 V.S. 9 1 L.F,4
<br />Only Congress regulates trails,
<br />ed States. Severs v. Abrahamio
<br />124 N.W,2d 150, 255 Iowa 979.^
<br />4. Delegation of powers
<br />See Notes o/ Decisio►u under s
<br />o/ (his arrick
<br />S. Stale regulation or control—CN
<br />ally
<br />18 U.S,C.A. § 1461 punishing or
<br />tual mailing or advertising by mni
<br />obscene material did not preempt
<br />regulatory field, and state obscenity'
<br />utc in no way imposing a burden;
<br />interfering with federal postal hrtxill
<br />was not repugnant to this clause dell
<br />rng to Congress power to establish'
<br />afficcs and po .1 roads. Roth v. U
<br />k N.Y.1957, 77 S.Ct. 1304, 354 U
<br />1 LF.d.2d 1498, rehearing
<br />i.Ct. 8, 355 US, 852. 2 LF Id
<br />This power, having t,cen
<br />he federal government, Is
<br />%C power of J"! several static
<br />ish any postal system, and ha:4
<br />aw made a monopoly cxcl
<br />ate individuals from estab
<br />cling or portal systems In
<br />Isles. Iioover v. McCheszi {;
<br />397. 81 F. 472.
<br />W.S.A. 201.a2 pertslnIwo 00
<br />.rc%p- r. 11t rcler ins trance:
<br />POST OFFICES AND POST ROADS SM-K, CI. 7
<br />Act- l ate 12
<br />t ,,,,i m1cr(cre with use of mail, did
<br />ri(It 1„ulubit such companies from using
<br />the ,rtculs, did not interfere with Con-
<br />�«„ exclusive power to determine what
<br />chill be carried and what shall be ex•
<br />L.Iudcd in rnailsrand''did not violate this
<br />Ministers Life 6t Cas. Union v.
<br />Ilaas<, 1966. 141 N.W.2d 287. 30 Wis.2d
<br />339appeal dismissed 87 S.Ct. 407, 385
<br />U.S. 205, 17 LF.d.2d 301, rehearing de-
<br />nicd 87 S.Ct. 739. 385 U.S. 1033. 17
<br />I_.fd.2d 681.
<br />6. — Drugs
<br />The operation of the mails was not
<br />affected by the New Mexico Controlled
<br />Substances Act, 1953 Comp. § 54-11-21,
<br />and this clause givt .g Congress the pow-
<br />er to establish post offices did not
<br />preempt New Mexico jurisdiction to pro-
<br />hibit the distribution of controlled sub -
<br />'lances by the mailing of the substance.
<br />State v. Mcliorsc, 1973, 517 P.2d 75, 85
<br />�.A1. 753.
<br />7, _.- Labor organlxations
<br />The provisions of McKinney's N.Y.
<br />Civil Rights law, §§ 41, 43, 45, forbid-
<br />ding labor organizations from denying
<br />membership therein because of race, col-
<br />or. or creed, -c applied to railway postal
<br />clerks association, is not repugnant to
<br />provision of this clause conferring on
<br />Congress the authority over postal Mat.
<br />tors, and hence is not unconstitutional as
<br />an attempt to regulate a federal instru.
<br />mentality since the law does not impinge
<br />un federal mail service or the power of
<br />the government to conduct it. Railway
<br />Mail Asi n v. Corsi, N.Y.1945. 65 S.Ct.
<br />1483. 326 U.S. 88. r %r-.d. 2072.
<br />H. — Taxation
<br />Statute providing for the to .ation of
<br />intangibles was applicable to postal sav
<br />rags certificates and not unconstitutional
<br />i% contrary to provision of this article
<br />%csting in Congress power to borrow
<br />money on credit of the United States and
<br />to establish post offices. Lutz v. Arnold,
<br />1935. 193 N.E. 840, 208 Ind. 480, petit on
<br />overruled 196 N.E. 702, 208 Ind. 480.
<br />Motor vehicle tax, imposed by Laws
<br />19.3. c. 418. on motor trucks used in
<br />inlcrst:.fr commerce, does not violate
<br />this clause, giving Congress power to es-
<br />tablish post offices and post roads.
<br />State v. Oligney, 1925. 202 N.W 893, 162
<br />Minn. 302.
<br />Registration tax on automobiles devot-
<br />ed exclusively to transportation of mails
<br />is void. L.ouweln v. Moody, Tex.Com.
<br />App,1929. 1I S.W.2d 989.
<br />9. — Zoning
<br />If Postmaster Gencral, pursuant to and
<br />in exercise of authority vested in him by
<br />Congressional enactment, contemplates
<br />erection of post offic: on proposed site,
<br />hIs authority •rnay- not be-zcsuictcd. by. .
<br />local ordinance, and resort to local zon-
<br />ing board is unnecessary. Crivcllo v.
<br />Board of Adjustment of Borough of Wd.
<br />dlesex, D.C.NJ.1960, 183 FSupp. 826.
<br />Refusal by city zoning board of appli-
<br />cation for use of lot as substation post
<br />office, which had been Ica:,cd to Unite
<br />States for ten years, was not unconstitu-
<br />tional as unlawful regulation of property
<br />of United States, since such property was
<br />not within exclusive jurisdiction of Unit.
<br />ed States. Mayor and City Council of
<br />Baltimore v. I_inthicurn, 1936. 183 A.
<br />531, 170 Md. 245.
<br />10. Acquisition of land for post offices
<br />The authority of the federal govern.
<br />ment to acquire property necessary or
<br />suitable f( ; post office is within the ex-
<br />press grant of power given by this provi.
<br />sion. U.S. V. Certain Parcels of Land in
<br />Town of Denton of Caroline County,
<br />D.C.Md.1939, 30 FSSupp. 372.
<br />The power expressly given to the Unit-
<br />cd States to establ:�h post offices and
<br />carry on offensive and defensive war by
<br />general grant of power to do all which
<br />was necessary and proper to effectuate
<br />those express powers gave the United
<br />States the px)wer to exercise eminent do-
<br />main over territorial lands within the
<br />limits of the United States, and all lands
<br />needed for the seat of the government of
<br />the United States, and for establishment
<br />of p0%, offices, forts, arsenals, and other
<br />ncc,:ful buildings. U.S. v. 458.95 Acres
<br />of land. D.C.Pa.1938, 22 F.Supp. 1017.
<br />It. Examination of letters or parcels
<br />No law of Congress can place in the
<br />hands of officials connected with the
<br />postal sn'vicc any authority to invade
<br />the secrecy of letters and such scaled
<br />packages in the mail; and all regulations
<br />adopted as to mail of this kind must be
<br />subordinate to the principle embodied in
<br />Amend. 4. Ex parse !ackson. N.Y.1878,
<br />96 U.S. 724, 6 Otto. 724, 24 LEd. 877.
<br />See, also, Blackham Y. Gresham, C.C.N.
<br />Y.1893. 16 F. 609.
<br />1L Foreign mall
<br />Foreign mail is so closely connected
<br />with a proper system of inland mail as
<br />that the power to organize and carry on
<br />a general post -office system would seem
<br />to imply a power to organize. in conncc-
<br />..•
<br />CO1
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