Western Union Telegraph Co. v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, Judge; Sections 825 and 832 of Kirby’s Digest have no application to corporations engaged in interstate commerce. 57 Ark. 24; 54 Id. 566. The States can not tax any instrumentality of the government or interstate commerce. 96 U. S. 1. Commercial intercourse is an element, of commerce. 9 Wheat. 1. The electric telegraph is one of the necessities of commerce. Id.
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Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, Judge; Sections 825 and 832 of Kirby’s Digest have no application to corporations engaged in interstate commerce. 57 Ark. 24; 54 Id. 566. The States can not tax any instrumentality of the government or interstate commerce. 96 U. S. 1. Commercial intercourse is an element, of commerce. 9 Wheat. 1. The electric telegraph is one of the necessities of commerce. Id. A State has no right to exclude a telegraph company from doing business within its borders because its tax is not paid. 125 U. S. 530, No State can exact any…
1Opinion of the CourtMcCulloch, J.
Appellant is a corporation organized under the laws of the State of New York, and does a telegraph business throughout the United States and foreign countries, and also does local or intrastate business in the State of Arkansas.
This is an action instituted by the Prosecuting Attorney on behalf of the State against appellant to recover the penalty prescribed by statute for. its failure to file with the Secretary of State a copy of its articles of corporation and to pay the fee therefor required by law.
The statute alleged to have been violated by appellant is as follows:
“Section 2. Every…
2Cases cited21 opinions
- Crutcher v. KentuckySupreme Court of the United States · 1891
- Leloup v. Port of MobileSupreme Court of the United States · 1888
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Brennan v. TitusvilleSupreme Court of the United States · 1894
- Grenada County Supervisors v. BrogdenSupreme Court of the United States · 1884
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dickerson v. StateCourt of Criminal Appeals of Alabama · 1982
- Ashley v. EiseleSupreme Court of Arkansas · 1969
- Ex parte BylesSupreme Court of Arkansas · 1910
- State v. SchofieldSupreme Court of Louisiana · 1915
- Chicago, Rock Island & Pacific Railway Co. v. StateSupreme Court of Arkansas · 1908
8 more not listed; retrieve them via the Exa API.