United States v. Western Union Telegraph Co.
District Court, S.D. New York
In Equity. Suit by the United States against the Western Union Telegraph Company. On motion for preliminary injunction. This is a suit in equity brought by the United States against the Western Union Telegraph Company to prevent it from making an alleged unauthorized cable connection between the shores of the United States and a foreign country.
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In Equity. Suit by the United States against the Western Union Telegraph Company. On motion for preliminary injunction. This is a suit in equity brought by the United States against the Western Union Telegraph Company to prevent it from making an alleged unauthorized cable connection between the shores of the United States and a foreign country. In July, 1919, the Western Telegraph Company, a British corporation, made a contract with the Western Union Telegraph Company whereby the former agreed to lay a submarine cable from Bara, in Brazil, or such other point on its existing east coast…
1Opinion of the CourtAugustus N. Hand, District Judge
(after stating the facts as above). Two questions of law arise: (1) Whether in the absence of congressional legislation the President has the power to prevent unauthorized cable landings on the shores of the United States or the operation of cable lines connecting with foreign countries in a way contrary to executive policy. (2) Whether there is any congressional legislation under which the defendant may validly operate. If there is, all parties concede that no executive permission is necessary.
The right of the United States to secure a judicial decision as to the legality of the steps…
2Cases cited18 opinions
- In Re DebsSupreme Court of the United States · 1895
- Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Knox v. LeeSupreme Court of the United States · 1871
- In Re NeagleSupreme Court of the United States · 1890
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3Cited by3 opinions
- Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
- People ex rel. Mexican Telegraph Co. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1927
- Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952