City of Philadelphia v. Western Union Tel. Co.
Court of Appeals for the Third Circuit
In Error to the Circuit-Court of the United States for the Eastern District of Pennsylvania. This was an action brought by the city of Philadelphia against the Western Union Telegraph Company to recover the amount of certain charges alleged to be due the city under ordinances thereof relating to the maintenance of poles and wires in the streets.
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In Error to the Circuit-Court of the United States for the Eastern District of Pennsylvania. This was an action brought by the city of Philadelphia against the Western Union Telegraph Company to recover the amount of certain charges alleged to be due the city under ordinances thereof relating to the maintenance of poles and wires in the streets. The action was commenced December 81, 1891, in the court of common pleas No. -1 for the county of Philadelphia, Pa., where the plaintiff’s declaration was filed, and on March 8, 1892, upon petition of the defendant, was removed into the circuit court…
1Opinion of the CourtShiras, Circuit Justice
(after stating the facts). It must he regarded as settled that it is lawful for a state to impose taxes upon property owned and used within it by a corporation of another state, even when such corporation is engaged in interstate commerce, and that the exaction of a license tax ,is a valid exercise of power by municipal corporations, in order to cover expenses to which they may be put in the enforcement of their police rules and regulations. Telegraph Co. v. Attorney General, 125 U. S. 530, 8 Sup. Ct. 961; License Tax Cases, 5 Wall. 462; Wiggins Ferry Co. v. City of East St. Louis, 107 U. S.…
2Cases cited6 opinions
- License Tax CasesSupreme Court of the United States · 1867
- Western Union Telegraph Co. v. Attorney General of CommonwealthSupreme Court of the United States · 1888
- Wiggins Ferry Co. v. East St. LouisSupreme Court of the United States · 1883
- Postal Telegraph Cable Co. v. CharlestonSupreme Court of the United States · 1894
- City of Allentown v. Western Union Telegraph Co.Supreme Court of Pennsylvania · 1892
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3Cited by5 opinions
- Country of Plumas v. WheelerCalifornia Supreme Court · 1906
- Alachua County v. StateSupreme Court of Florida · 1999
- City of Philadelphia v. Atlantic & P. Tel. Co.Court of Appeals for the Third Circuit · 1900
- City of Philadelphia v. Atlantic & P. Telegraph Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
- Richmond Safety Gate Co. v. AshbridgeU.S. Circuit Court for the District of Eastern Pennsylvania · 1902