Western Union Telegraph Co. v. Pendleton
Supreme Court of the United States
ERROR TO THE SUPREME .COURT OF THE STATE OF INDIANA. The statute of Indiana declared that “ Every electric telegraph company, with a line of wires wholly or partly in this state, and engaged in telegraphing for the public, shall, during the usual office, hours, receive despatches, whether from other telegraphing lines or from individuals; and on payment or tender of the usual charge, according to the regulations of such company, shall transmit the same with impartiality and…
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ERROR TO THE SUPREME .COURT OF THE STATE OF INDIANA. The statute of Indiana declared that “ Every electric telegraph company, with a line of wires wholly or partly in this state, and engaged in telegraphing for the public, shall, during the usual office, hours, receive despatches, whether from other telegraphing lines or from individuals; and on payment or tender of the usual charge, according to the regulations of such company, shall transmit the same with impartiality and good faith, and in the order of time in which they are received, under penalty, in case of failure to transmit, or if…
1Opinion of the CourtJustice Field
The contention of the Western Union Telegraph Company is that the law of Indiana is in conflict with the clause of the Constitution vesting in Congress the power to regulate commerce among the states.
In Telegraph Co. v. Texas. 105 U. S. 460, 464, it ivas decided by this court that intercourse by the telegraph between the states is interstate commerce. Its language ivas: “A telegraph company occupies the same relation to commerce as a .carrier of messages, that a railroad company does as a carrier of goods. Both companies are instruments of commerce, and their business is commerce itself. They…
2Cases cited14 opinions
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