Western Union Tel. Co. v. Hurlburt
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Statement by Mr. Justice Moore. This is a suit by the Western Union Telegraph Company against T. M. Hurlburt to enjoin the collection of an alleged tax.
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Statement by Mr. Justice Moore. This is a suit by the Western Union Telegraph Company against T. M. Hurlburt to enjoin the collection of an alleged tax. The cause being at issue was tried, and findings of fact were made to the effect that the plaintiff is a corporation and was organized under the laws of the State of New York as a common carrier to transport messages by electric wires, whereby signals are used to represent the letters of the alphabet; that on June 8, 1867, the plaintiff duly accepted the provisions of the act of…
1Opinion of the CourtJustice Moore
The- final determination brought up for review was predicated upon the theory that the tax complained of was attempted to be levied upon the federal franchise granted to the plaintiff, that the exaction, if enforced, would interfere with the right to transact interstate telegraphic business, and for that reason the pecuniary contribution to the public burden so demanded violated the commerce clause of the Constitution of the United States. A franchise is a right or privilege granted to a person or corporation by the government or a state either directly or indirectly: 3 Words and Phrases,…
2Cases cited13 opinions
- Western Union Telegraph Co. v. Attorney General of CommonwealthSupreme Court of the United States · 1888
- California v. Central Pacific RailroadSupreme Court of the United States · 1888
- Society for Savings v. CoiteSupreme Court of the United States · 1868
- WU Tel. Co. v. MassachusettsSupreme Court of the United States · 1888
- Atlantic & Pacific Telegraph Co. v. PhiladelphiaSupreme Court of the United States · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Northwest Natural Gas Co. v. City of GreshamOregon Supreme Court · 2016
- Whitbeck v. FunkOregon Supreme Court · 1932
- People Ex Rel. Postal Telegraph-Cable Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1918
- City of Helena v. Helena Light & Railway Co.Montana Supreme Court · 1922
- Northwest Natural Gas Co. v. City of GreshamCourt of Appeals of Oregon · 2014
2 more not listed; retrieve them via the Exa API.