Postal Telegraph-Cable Co. v. Mayor of Cordele
Supreme Court of Georgia
The Court of Appeals certified the following questions: “An ordinance of the City of Cordele laid a tax of $100 for revenue purposes upon every telegraph company doing business in the City of Cordele, or, in lieu thereof, required each of such companies to pay $2. for each and every pole used in the city limits. The Postal Telegraph-Cable Company, having failed to pay the tax, was adjudged guilty and sentenced to pay the penalty prescribed in another ordinance of the city.
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The Court of Appeals certified the following questions: “An ordinance of the City of Cordele laid a tax of $100 for revenue purposes upon every telegraph company doing business in the City of Cordele, or, in lieu thereof, required each of such companies to pay $2. for each and every pole used in the city limits. The Postal Telegraph-Cable Company, having failed to pay the tax, was adjudged guilty and sentenced to pay the penalty prescribed in another ordinance of the city. Defenses were filed to the effect that the ordinance was unreasonable, and was also void as being an unlawful…
1Opinion of the CourtHill, J.
The answer to the last question propounded by the Court of Appeals controls this case, namely: “Is the ordinance in question void as being an unlawful interference with interstate commerce?” If the ordinance is void, the question of whether the tax is void because it is unreasonable can not affect the result here reached. It would be unprofitable, therefore, to enter into a discussion of the first question propounded.
In the view we take of the case, the ordinance in question is absolutely void as being an unlawful interference with interstate commerce. The constitution of the United States…
2Cases cited11 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Leloup v. Port of MobileSupreme Court of the United States · 1888
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Philadelphia & Southern Steamship Co. v. PennsylvaniaSupreme Court of the United States · 1887
- Western Union Telegraph Co. v. Attorney General of CommonwealthSupreme Court of the United States · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Postal Telegraph-Cable Co. v. MayorSupreme Court of Georgia · 1914
- Solomon v. SolomonSupreme Court of Georgia · 1913
- Crump v. McCordSupreme Court of Georgia · 1922
- City of Atlanta v. StokesSupreme Court of Georgia · 1932
- Postal Telegraph-Cable Co. v. Mayor of CordeleCourt of Appeals of Georgia · 1913