Burleson v. Dempcy
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The case is stated in the opinion. A suit against the Postmaster General or his agents, which seeks to control him in the matter of telegraph charges is in legal effect a suit against the United States. Under the joint resolution, pursuant to which the President operates the telephone and telegraph lines, the power to fix rates, both interstate and intrastate, is in the President.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The case is stated in the opinion. A suit against the Postmaster General or his agents, which seeks to control him in the matter of telegraph charges is in legal effect a suit against the United States. Under the joint resolution, pursuant to which the President operates the telephone and telegraph lines, the power to fix rates, both interstate and intrastate, is in the President. The States have no power to estalish intrastate rates. Otherwise construed, the act of Congress would be unconstitutional.…
1Opinion of the CourtChief Justice White
In a suit commenced by the Postmaster General, the members of the Public Utilities Commission of Illinois and the Attorney General of that State filed a cross-bill to enjoin the Postmaster General from enforcing telgraph rates which he had directed to be charged for services rendered over lines which were in the possession, under the control, and being operated by the United States under authority of the resolution of Congress and the proclamation of the President considered in Dakota Central Telephone Co. v. South Dakota, this day announced, ante, 163.
The theory of thé cross-bill was that…
2Cited by3 opinions
- Mitchell v. Cumberland Telephone & Telegraph Co.Court of Appeals of Kentucky · 1920
- United States v. MineryDistrict Court, D. Connecticut · 1919
- State v. Tri-State Telephone & Telegraph Co.Supreme Court of Minnesota · 1919