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THE In view of fact that laws protecting the mail of the Con, ess embrace necessary to insure the serf" transit and prompt, deli and mail matter and not mails under that exclusive" Congress but -mail" w such and so long as it r contemplation of law p National Government. U D.C.Mo.1955. 137 FSupp.' 235 F.2d 930. certiorari de' 266. 352 US. 943. 1 LEd.2d- The power of Congress ove . is not unlimited and is subject of Rights. Securities and Commission v. Timetrust. Inc..,I 1939. 28 FSupp. 34. 3. Exclusiveness of power The power of the Congress tc .ac mail is exclusive and its regal the receipt, carriage and ultittutCh< cry of mail "to the person to ' directed" is therefore supreme, Maxwell. D.C.Mo.1955. 137 FStt affirmed 235 F.2d 930. ecrtiorari�e 77 S.Ct. 266, 352 US. 943, 1 1 Ed:2d Only Congress regulates cd States. Severs v. Abra}=A 124 N.W.2d 150. 255 Iowa 979.- 4. Delegation of powers See Notes of Decisions under saLA of this article, yi 5. State regulation or control--G ally 18 U.S.C.A. § 1461 punishing tual mailing or advertising by nit obscene material did not preempt regulatory field, and state obscenity' utc in no way imposing a burden interfering with federal postal faud was not repugnant to this clause deli ing to Congress power to esublis§ offices and post roads. Roth V. USA & N.Y.1957, 77 S.Ct. 1304. 354 U I LEd.2d 1498, rehearing S.Ct. 8, 355 US. 852, 2 r _Ed 2d This power, having been the federal government. is :.`.e power of Lhe several status lish any postal system, and law made a monopoly exd hid vale individuals from csta peting or postal systems in States. Hoover v. McCh , 1897. 81 F. 472. = W.S.A. 201.42 pertainimw gme Art 1 POST OFFICES AND POST ROADS SM`B, CI. 7 a 12 fJ ,,,,, Interfere with use of mail. did 9. - 7-0010i prohibit such companies from using if Postmaster General. pursuant to and the ,n ►ils. did not interfere with Con- to exercise of authority vested in him by ltes� c.tclusive power to determine what Congressional enactment, contemplates ,.hall be carried and `"hat shall be ex- erection of post office on proposed site. .luded in mailarand^did not violate this his authority -may- not be-zcsUic&cd,.by . clause. Ministers Life & Cas. Union v. local ordinance. and resort to local zon- 1133sc. 1966. 141 N.W 2d 287. 30 Wis..2d ing board is unnecessary. Crivcllo V. 139. appeal dismissed 87 S.Ct. 407. 385 Board of Adju-tment of Borough of Mid - US. 205. 17 LEd.2d 301. rehearing de- dlesex. D.C.N-J.1960. 183 FSupp. 826. nicd 87 S.Ct. 739. 385 U.S. 1033. 17 Refusal by city zoning board of appli- LEd.2d 681. cation for use of lot as substation post office. which had been leased to United States for ten years. was not unconstitu- tional as unlawful regulation of property of United States, since such property was not within exclusive jurisdiction of Unit- cd States. Mayor and City Council of Baltimore v. linthicvm. 1936. 183 A. 531. 170 Md. 245. 10. Acquisition of land for post offices The authority of the federal guvern- mcnt to acquire property necessary or suitable for post office is within the ex- press grant of power giver, by this provi- sion. U.S. v. Certain Parcels of Land in Town of Denton of Caroline County. D.C.Md.1939. 30 FSupp. 372. The power expressly given to the Unit- ed States to establish post offices and carry on offensive and defensive war by general grant of power to do all which was necessary and proper to effectuate those express powers gave the United States the power to exercise cmfncnt do- main over territorial lands within the limits of the United St.+-n. and all lands needed for the scat of the government of the United States, and for establishment of post offices. forts. arsenals. and other needful buildings. U.S. v. 458.95 Acres of Land. D.C.Pa.1938. 22 FSupp. 1017. it. Examination of letters or parcels . No law of Congress can place in the hands of officials connected with the postal service any authority to invade the secrecy of letters and such scaled packages in the trail: and all regulations adopted as to mail of this kind trust be subordinate to the principle embodied in Amend. 4. Ex parts Jackson. N.Y.1878. % US. 724.- 6 Otto. 724, 24 LE& gn- See, also. Blaekham v. Grp. C-C.N- Y.1893. 16 F. 609. 6. Drugs The operation of the mails was not affected by the New Mexico Controlled Substances Act. 1953 Comp. § 54-11-21. and this clause giving Congress the pow- er to establish post offices did not prccmpt New Mexico jurisdiction to pro- hibit the distribution of controlled sub - 'lances by the mailing of the substance. State v. McHorse. 1973. 517 P2d 75. 85 �.�t. 753. 7 -- Labor organizations The provisions of McKinney's N.Y. Civil Rights Law. §§ 41. 43. 45, forbid- ding labor organizations from denying membership therein because of race, col- or, or creed, as applied to railway postal clerks association, is not repugnant to provision of this clause conferring on Congress the authority over postal mat- ters. and hence is not unconstitutional as an attempt to regulate a federal instru- mentality since the law does not impinge on federal mail service or the power of the government to conduct it. Railway Mail Assn v. Corsi. N.Y.1945. 65 S.Ct. 1483. 326 US. 88. 89 LEd. 2072. 8. - Taxation Statute providing for the taxation of intangibles was applicable to postal sav- ings certificates and not unconstitutional as contrary to provision of this article vesting in Congress power to borrow money on credit of the United Stairs and to establish post ogees. Lutz v. Arnold. 1935. 193 N.E 840. 209 Ind. 480. petition overruled 196 Ni+ 702. 209 Ind. 480. Motor veMcic tax. imposed by Laws 1923, c. 418, on motor trucks used to interstate commerce, does not violate this clause, giving Congress power to es- tablish past offices and post roads - State v. Oligney. 1925. 202 N.W. 893. 162 12. Forrlign mall Mann. 302. Foreign mail is so closc�l�y_ connected Registration tax on automobiles devot- with a proper system of inland U00 as ed exclusively to transportation of mails that the power to organize and carry on is void. Louwein v. Moodv. Tex.Com- a general post -office system old seem I .0A