"Congress has likewise the power, exercised early in this century, by successive acts in the case of the Cumberland or National Road from the Pacific across the Alleghanies to Ohio, to authorize the construction of a national highway connecting several States. (See Indiana v. U. S., 148 U. S., 148.)

"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 owner, Congress may do this with or without a concurrent act of the State in which the land lies. (Van Blocklin v. Tennessee, 117 U. S., 151–154; Cherokee Nation v. Kansas Railroad, 135 U. S., 614-656.)

"From these premises the conclusion seems to be inevitable that although Congress may, if it see fit, and as it has often done, recognize and approve bridges, erected by the authority of two States, across navigable waters between them, it may, at its discretion, use its sovereign powers, directly or through a corporation created for that purpose, to construct bridges, for the accommodation of interstate commerce by land, as it undoubtedly may to improve the navigation of rivers for the convenience of interstate commerce by water.

Mr. Justice Gray held that the judicial opinions cited in support of the opposite view were not, having regard to the facts of the cases in which they were uttered, of controlling weight. He cites the case of United States v. The Railroad Bridge Co. in the Circuit Court of Appeals, 6 MacLean, 517, and says that Justice MacLean's dissenting opinion in the Wheeling Bridge Co. case is absolutely unsound, and concurs with Mr. Justice Nelson's majority opinion, citing the Clinton Bridge case, Miller v. New York. Also Stockton v. Ball, and the New York Railroad Co. (32 Fed., 9), Wm. Ette Bridge v. Hatch (125 U. S., 1), in which case it was decided that Congress might allow the States to construct bridges between States or, exercising its sovereignty, might construct them itself. Mr. Justice Gray then said:

In California v. The Pacific Railroad (127 U. S., 1) it was directly adjudged that Congress has authority in the exercise of its power to regulate commerce among the several States, to authorize corporations to construct railroads across the States as well as Territories of the United States, and Mr. Justice Bradley, speaking for the court and referring to the acts of Congress to build railroads across the continent, said: "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. 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 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 notable example. 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. But since, in consequence of the expansion of the country, the multiplication of its products, and the invention of railroads and locomotion by steam, land transportation has so vastly increased, a sounder consideration of the subject has prevailed and led to the conclusion that Congress has plenary power over the whole subject.'

After quoting the above, Mr. Justice Gray said:

"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 land 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 constitutionality of this act can not be sustained."

From the above cases and authorities it is clear that under the commerce clause of the Constitution, Congress has the power to construct, maintain, improve, and regulate any of the public highways of the United States between the several States and any public highways leading into or connecting therewith.

Respectfully submitted.

CHARLES MADDEN TERRY, Chairman Legislative Board American Automobile Association.

TUESDAY, FEBRUARY 11, 1913.

JOINT COMMITTEE ON

FEDERAL AID IN CONSTRUCTION OF POST ROADS,

Washington, D. C. The joint committee met, pursuant to adjournment, at 8 o'clock p. m.

Present: Representative Dorsey W. Shackleford (acting chairman), Representative Martin B. Madden, and Representative Richard W. Austin.

STATEMENT OF J. M. LOWE.

The CHAIRMAN. Kindly state your name and residence.
Mr. LowE. J. M. Lowe, Kansas City, Mo.

The CHAIRMAN. What connection have you with the road question?

Mr. Lowe. I am president of the National Old Trails Road Association, which was organized at Kansas City last April, having for its purpose the rebuilding, building, and maintenance of a national road from Washington City over the old Braddock Road to a connection with the old Cumberland or national highway, which was built and maintained by the Government for more than a quarter of a century, the Boone's Lick Road, surveyed and established by Daniel Boone and his sons, and by way of the Santa Fe Trail west from Kansas City to Santa Fe, N. Mex., thence over the El Camino Real of New Mexico, over which Doniphan and Kearney marched in the conquest of Chihuahua, New Mexico, and California. Mr. MADDEN. How many miles would that be?

Mr. Lowe. Three thousand one hundred and eighty miles.
The CHAIRMAN. What is your plan?

Mr. Lowe. Our theory is, and that for which we stand most strenuously, that the Government should build and maintain this road, or any other road that is national in character, out of the national revenues, superintend it and control it as absolutely as they do the navigable waters.

The CHAIRMAN. Under what power would you construct that road?

Mr. LowE. Under the power to regulate commerce between the States. The Supreme Court has passed on that, and the last decision was by Mr. Justice Brewer, in which he took the position, which was agreed to by the balance of the court, that Congress has, in the power to regulate commerce, the power to build roads; and also in the express authority in the Constitution which authorizes them to build or "establish "-in the language of the Constitution-post offices and post roads.

The CHAIRMAN. I believe there is a bill pending in Congress that provides for this road?

Mr. Lowe. Yes, sir; there are two of them. One was introduced by Mr. Borland, of Missouri, and one by Mr. Francis, of Ohio, practically the same bill.

The CHAIRMAN. Have estimates been made as to what would be the probable cost of that road?

Mr. Lowe. None by any more expert than myself, and I am not an expert road builder in any sense. I have established or fixed an estimate on it, guided by the cost of macadam roads in Jaskson County, Mo. The average cost of roads in that county is about $6,000 per mile.

Mr. MADDEN. How wide?

Mr. Lowe. Sixteen feet.

Mr. MADDEN. How deep is the macadam road?

Mr. Lowe. I think the average is about 11 inches, from 8 to 12. Mr. MADDEN. Your estimate of the cost of this road was not based on any survey?

Mr. Lowe. No, sir; but I think if you are the friends of the goodroads movement you will get definite estimates yourself provided you want them.

Mr. AUSTIN. That would be $18,600,000 for one road?

Mr. Lowe. Yes, sir.

The CHAIRMAN. What provision had you planned for the maintenance of such road after its cost of construction had been entailed? Mr. Lowe. By the Government. I think it ought to have absolute control and supervision of the road. I think it would be a great mistake to divide responsibility and authority in the maintenance of the road.

The CHAIRMAN. By what plan would you maintain that road?

Mr. Lowe. By the same plan practically that we use in the improvement and dredging of the rivers and harbors and other public works.

The CHAIRMAN. I mean. would you keep overseers constantly over it?

Mr. Lowe. I think so. I think it is the only way any road can be maintained.

The CHAIRMAN. How much force would it take to keep that road maintained?

Mr. Lowe. I do not know. A road that would not be used any more than that, perhaps one man could look after anywhere from 5 to 10 miles.

Mr. AUSTIN. What is the cost of maintenance in Missouri of your macadamized road?

Mr. Lowe. I do not know exactly what. It varies. It would also vary much on this road. In the vicinity of Washington, or any large center, where there would be a great deal of traffic, and especially a great deal of automobile traffic over it, it would take more men to look after it than it would out in New Mexico.

Mr. AUSTIN. How many other roads would you build of that importance and character?

Mr. Lowe. As many as the Government would need.

I

The CHAIRMAN. What would be the Government's need for this? Mr. Lowe. It would accommodate, I think, perhaps, more people than any other line that has been talked about, though some of these others are almost equally as important, and perhaps fully so. have not made a personal investigation, but it has been stated that 25,000,000 people live within a day's automobile drive of this central route. It runs through a thickly settled, populous part of the

country. It runs through the capitals of Ohio, Indiana, within less than 70 miles of the capital of Illinois, within less than 20 miles of Jefferson City, within less than 15 miles of the capital of Kansas, through the capital of New Mexico, the capital of Arizona, and through southern California.

Mr. AUSTIN. That would be about 25,000,000 people, about onefourth of the population of the United States.

Mr. Lowe. Yes, sir.

Mr. MADDEN. Have you any plan for other roads that are contemplated along this same line?

Mr. Lowe. No, sir; I have not any plans. I know that what is called the northern route-from New York, by way of Buffalo, Cleveland, Toledo, Chicago, Des Moines, Omaha, Denver, Salt Lake, and San Francisco-is strongly advocated by John Brisbane Walker .and others, and it would be a magnificent and important national road. The only possible criticism that I would indulge would be that a good proportion of the winter the road would be out of commission on account of the weather it has to encounter, while the center, or the national road, would be good at least 10 months out of the year, if not the entire year.

Mr. MADDEN. Have you any road in contemplation running from north to south?

Mr. Lowe. I have not. It has been talked about and Mr. Warburton has introduced a bill in Congress establishing a system reaching every captital in all of the States. That is, a system running east and west and also north and south.

Mr. AUSTIN. Your road taps 11 States, as I understand.
Mr. LowE. Yes, sir; I think it would.

Mr. AUSTIN. Do you think you could get that through Congress? Mr. Lowe. I do not know. I have not had a great deal of experience with Congress, but I believe it ought to go through. I believe it is feasible, practicable, and an economical expenditure of the public funds, and more economical than any other system that I have had my attention called to.

Mr. AUSTIN. Then, you would not touch a single New England State or the Southern States?

Mr. Lowe. No. I think the Southern and the New England States ought to have a national road just as well. I will say, by way of emphasis, that as president of the National Old Trails Association, we stand first for that, because that was the purpose and object of our creation, yet, if there is another road equally national in character, of equal importance commercially, of equal historic interest, and of every other kind of interest that might enter into the question, that ought to have precedence, then we will gladly give way and throw our entire organization behind that kind of a move

ment.

Mr. AUSTIN. Now, you are following a trail. Are you following the country where the population is scattered?

Mr. Lowe. I thought I stated, but if I did not, I intended to say, that I believe this road accommodates a greater number of people than any other road that has been suggested. I am not sure that that is true, but I am inclined to think it is. By way of lending emphasis to my statement that we would be behind any other move

ment, if you do not know it, I want to say for what it is worth, that we are organized in every village, hamlet, and town along the line of this road from Wheeling, W. Va., and from the western line of Arizona. We are not quite through Arizona, but our purpose is, within the next 30 days, to be organized clear across the continent.

Mr. MADDEN. Your idea is that such a system of roads as you have organized would be more advantageous to the people of the United States than the construction of roads by the States in such localities as they might thus designate, with the Federal Government cooperating in the payment of the cost.

Mr. Lowe. I do not think there is any conflict at all anywhere between State action in building roads and the National Government. I think the States will all have their hands fully occupied by building roads that are of a local character and local significance and connecting with any system of national highways that might be adopted.

Mr. MADDEN. What do you say to the proposition that the States want cooperation with the Federal Government in the construction of such roads as they may desire to construct? Would that be possible, feasible, and desirable, in the face of a policy such as you outline?

Mr. Lowe. It might be, and I started out in thinking on this question of roads with that idea uppermost. I believed that there ought to be close cooperation between the States and the National Government, and that the National Government, perhaps, would hardly be justified in aiding any State unless the State showed a willingness to do something itself, but I have abandoned that idea entirely.

Mr. MADDEN. Of course there would not be any thought of aiding the States unless the State expended a sum at least equal to what the Government might expend.

Mr. Lowe. Well, the more I have studied that the more I am inclined to cut out that word "aid."

Mr. MADDEN. Well, put it "cooperation."

Mr. Lowe. Yes. And I even do not like that very well. I say that, and yet I would be the most reluctant to do anything that would retard the sentiment of road building. In other words, I believe the people ought to learn to help themselves, and the best way in the world is to let them rely on their own individual efforts in building roads. I believe that any farmer, near whose land a road passes ought to be taxed in the support of the road. I believe a national system of roads ought to be favored by the Government for its own uses and its own purposes, and let the States build theirs.

Mr. AUSTIN. How much would you recommend that we ask Congress to appropriate in a year?

Mr. Lowe. From twenty to twenty-five million dollars a year will build, in my judgment, a good transcontinental line of road each year.

Mr. AUSTIN. How many roads would you have us appropriate for each year?

Mr. Lowe. At least one each year, and as long as you needed additional highways. I believe you will get it cheaper and quicker that way than in any other.