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
ON REHEARING.
Opinion delivered April 22, 1907.
McCulloch, J.
Appellant contends, in a petition for rehearing, that inasmuch as the act of 1899 imposing the penalty adjudged in this case was repealed more than two years before the commencement of this action, the action is barred by limitation.
The statute provides that all actions upon penal statutes to recover the penalty shall be commenced within two years after the offense shall have been committed, or the cause of action shall have accrued. Kirby’s Dig. § 5068.. The offense stated in the complaint continued up to the repeal of the statute…
2Cases cited7 opinions
- Hecht & Imboden v. CaughronSupreme Court of Arkansas · 1885
- Gebhart v. AdamsIllinois Supreme Court · 1860
- Hammond Packing Co. v. StateSupreme Court of Arkansas · 1907
- Railway Co. v. StateSupreme Court of Arkansas · 1892
- Frohock v. PatteeSupreme Judicial Court of Maine · 1854
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