Western Union Telegraph Company v. Pennsylvania

128 U.S. 39

• Court: Supreme Court of the United States
• Decided: October 22, 1888
• Docket: 56
• Status: Published

Opinion

Mr. Chief Justice Fuller

delivered the opinion of the court.

Judgment was rendered against plaintiff in error for taxes on telegraphic messages sent from point to point within the State of Pennsylvania; on messages sent from points within the State to points in other States; on messages sent from points in other States to points within the State; and on messages sent'to and from points in other States, which passed, over lines partly within- the State; and the record discloses the several amounts of taxes upon the several classes of messages, which, with. commissions and interest, make up the total recovery. It is clear, and this is conceded by the defend ant in error, that, under the decisions of this court in Telegraph Co. v. Texas, 105 U. S. 460, and Ratterman v. Western Union Telegraph Co., 127 U. S. 411, the Commonwealth was not entitled to recover for the taxes in question, excepting in respect to the messages transmitted wholly within the State.

The judgment will therefore be reversed and the cause remanded for such further proceedings as justice may require.