*1 REPORTS OF THE DECISIONS
OF THE SUPREME STATES, COURTOF THE UNITED TERM,
OCTOBER 1877. Telegraph Company v. Western Union Telegraph Company. powers upon Congress foreign 1. The 'conferred commerce with among States, post-offices post- nations the several and to establish roads, commerce, postal not confined the instrumentalities of ¡Constitution adopted, pace service or in use keep, known when the but progress country, adapt with the develop- themselves the new ments of time circumstances. .They government relate, 2. were’intended they -for business to which circumstances; all right, at times and under'all and it is not but the - "duty, Congress among to take care that intercourse the States and the intelligence unnecessarily transmission of are not obstructed or encuinbered legislation. State Congress approved July 24,1866 Stat., 3. (14 The act’ of Stat. Rev. sect. seq.), 5263et “An telegraph lines, entitled Act to aid in the construction of government postal, and to secure to the military, the' use of the same erection,of purposes,” and other so far telegraph as it declares lines shall, against interference, aocept as be free to all who its terms and conditions, not, compariy and -that of one State shall after ac- cepting them, prosecuting be excluded another State from its. business jurisdiction, legitimate regulation her is of commercial intercourse among appropriate legislation' powers and-is to execute the " - Congress postal over the service'. operation military post Nor it limited roads as are .in ; domain. VOL. VI. Tel. Ot. 11, 1866, approved grants Dec. so far of Florida as to the Pen-
5. The statute Company Telegraph establishing sacola exclusive main- specified, taining lines of electric therein is in conflict with that act, inoperative and therefore of another entitled against *2 privileges that act the which confers. to whether, deciding act, legislation in the that absence of the 6. Without of Florida foreign corporation 1874 .would have been sufficient to authorize a of to telegraph operate a and line within the counties of construct Escambia State, telеgraph company and Santa Rosa in the court holds that a right way by private which has a arrange- another secured of of land, duly accepted and, the and with the- owner of the ment restrictions act, required by obligations cannot be excluded the Pensacola Telegraph Company. from the Circuit Court of the United States for the Appeal District of Florida. Northern 1859, an association known
In as the persons, Pensacola a erected line of electric Telegraph Company, telegraph upon railroad, of the Alabama and the Florida Florida, Pollard, Pensacola, to Alabama, about six miles of the Florida line. The north the operated whole company when, 1862, until the evacuation of line the forces, the wire taken down was for Confederate twenty-three miles, and Station made the southern' Cooper’s terminus. 1864, abandoned, the whole as the section of the was country it was situated had fallen into in which the of the possession United States troops. December, 1865, met; the 1st of the
On stockholders and it that the assets were appearing insufficient to company line, a new association was rebuild formed for that purpose, name, the' old stock to new $5,000 amount of subscribed. A resolution the new adopted by company old, at a valuation property it in purchase put upon submitted to the a board new of directors report meeting, was elected. of the directors was held
A on the 2d of meeting January, 1866, at which the president reported completion Pensacola, resolution was line adopted, authorizing of wire for its extension to purchase navy-yard. were also instructed to- attorneys company prepare charter, draft of a to be to presented enact- legislature ment. -
Oct, Co. o Tel. 1877.] passed 24th of following On the July, —act:
“ lines, to secure aid construction An Act of the same for military, use government postal,
other purposes. Representatives enacted the Senate House Be it assembled, that any of America in Congress the United States or hereáfter be now comрany organized^ Union, have in this shall the laws any organized, under maintain, and lines of construct, operate telegraph through domain of the and over any portion roads of the United military over and along post any hereafter be declared act States which have been over, under, or across the streams navigable Congress, pf Provided, the United States: that such lines tele- waters of be so and maintained as to obstruct the shall constructed graph waters, .and the ordi- of such streams or interfere with (cid:127)navigation And of said military on such or' roads. com- post travel nary *3 have and from such lands take use public shall panies n timber, stone, and other materials for its necessary posts, piers, stations, maintenance, construction, and needful other uses .and and lines of and use pre-empt said telegraph, operation lands portion unoccupied subject pre-emption such lines as may be located be telegraph may which its said through stations; ; acres each station exceeding forty for necessary for not be miles of each but such stations shall within fifteen other. “ enacted, And it further 2. be telegraphic communi- Sect. cations between the several departments government shall, and and their officers their transmis-. agents States United of said have over companies, priority sion the lines of all any over business, be at sent /rates to -be fixed annually shall by other the Postmaster-General. “ enacted, And it further that the privi- be Sect. shall not transferred hereby by any company act- granted leges sbe association, other any this act to or corporation, person: under ing however, at Provided, time any United after act, of five from the date of the of this years passage expiration all purchase or purposes, military, postal, or effects of. all of said at lines, any companies property, value, be ascertained five competent disinterested by appraised be selected of whom shall Postmaster-General two persons, etc. Tel. Co.. .of tbe two tbe interested, and one company the four so рreviously selected.
“ Sect. 4. And be it enacted, further that before any telegraph shall exercise- company any of the or -powers conferred privileges act, this shall file company their written with acceptance the Postmaster-General, of the restrictions and obligations required et, by this act.” 221; Stat., Stat. Rev. sect. 5263 seq.
All railroads in the United áre .States lawby .post-roads. 3964; Stat., Rev. sect. 17 Stat. sect. 201. December, 1866,
On 11th of of -Florida the legislature an act passed incorporating Telegraph Company, “ the sole and exclusive granting privilege lines of electric .in the establishing maintaining Rosa, counties Escambia and Santa either from different points counties, within said or with lines into said connecting coming counties, them, or either of from in this or any point [Florida] $5,000, other State.” The stock fixed was at any capital it to such an amount as privilege increasing might considered was authorized to locate necessary. company “ named, and construct counties its lines within the álong water, or road across upon any public highway, for which shall first any'railroad private property, permission have been obtained thereof.” In this act proprietors all the stockholders of the new association which had rebuilt named the line were as No di- corporators-. meeting 2, 1868, rectors held until Jan. when secretary-was instructed to the stockholders that the charter drawn notify Messrs. & order Campbell ’of up by Perry, per attorneys, board, 2, 1866,” Jan. had been passed. June, 1867, defendant,
On'the directors of the 5th "Western Union York New Telegraph Company, corporation, *4 resolution, the which was passed filed with the following duly n — Postmaster-General: “Resolved, that-this does the company hereby accept provisions ‘ the act An Act to entitled aid the .Congress, construction lines, and secure the telegraph to use of government'the to. the n samefor postal, and 24, -other military, purposes,’ approved July 1866, with all the restrictions, powers, privileges, and obligations ; be, conferred and and the required secretary he thereby and Oct. etc. Tel.'Co. 1877.] and directed to file resolution with the hereby, authorized this Postmaster-General of the United attested the duly by sig- nature of the ’the seal of the acting president company and with fourth "sectionof said act corporation, compliance Congress.” 1872,
In. of the Alabama and. Florida Railroad the property railroad; its was trans and Company, including right to the and Louisville Railroad and .ferred Company; 1873, on the 14th of of Florida February, legislature passed act, which, 18, Feb. authorized the last- .amended named construct, maintain, tos and a tele company operate line from the of Pensacola graph the line of the said Bay along located, road located, as now or as it hereafter be (its) and said roads in to along lines of connecting county boundary the. Alabama, State' and the said lines and’ connect consolidated with other within or telegraph companies without said and lease, sell, company may pledge, mortgage, and said assign, tele convey property appertaining' lines, and the graph franchises conferred rights, privileges, and. act, this construct, such own, by assignees full n lines, such all operate enjoy privileges, conferred this actbut rights, franchises case by the said shall be railroad'company responsible proper of the duties and performance thit obligations imposed act.”
This was embraced territory exclusive to the Pensacola grant Telegraph Company. June, 1874, On the 24th of the Pensacola Louisville
Railroad to the Western Company granted Union Telegraph erect a line its right Company and also conferred the acts way, privileges Western Union February, Company line; commenced the erection but immediately before wit, 27, 1874, the bill in this completion, July case was filed the Pensacola work Telegraph Company enjoin th.e line, on the use of the account of the alleged exclusive .and of that under charter. company .Upon hearing, bill, a decree was passed dismissing appeal this taken. *5 West.,
6 etc. Tel. v. Co. Co. Cfc Jones,
Mr. Charles W. appellant. when or restricted Except prohibited provisions Constitution, State сan exclusive legislature grant privileges and franchises within its own Const. Lim. jurisdiction. Cooley, Co, 281; 1; Gibbons v. 9 River v. Ogden, Bridge West Wheat. al., 507; 446; Diz et 6 How. c. 16 Yt. The Binghamton Bridge, S. 51; Smith, 529; 3 Wall. v. 9 Ga. The Proprietors Shorter al., v. The New et 7 17.H. Bridge Bridge Piscataqua Hampshire 35; Boston Power Co. v. Boston Lowell Railroad Cor- Water 360; al., et 23 Pick. Boston Lowell Rail- (Mass.) poration al., 2 road V. Railroad Co. et Salem Lowell Corporation Gray $ 1; Co.v. The Atlantic (Mass.), Telegraph Telegraph California 398; Co., 22 Cal. v. The Union Hazen et al. Bank Tennes- see, 115; Bowen, 1 Sneed v. 30 Barb. (Tetan.), People 24; al., 9 v. Van et (N. Ingen (N. Johns. Y.) Livingston Y.) 506; Gibbons,4 Johns. (cid:127)y. Ch. 150. Ogden (N. Y.) or Florida there were no such restrictions prohibitions. 3, 15, terms of sect. art. of her On contrary, by express Constitution, 11,1866, statute of Dec. incorporating special the exclusive which are appellant privileges granting suit, asserted in this is valid. Feb..14, 1873,
That statute is not referred to in that of is, therefore, not act of repealed amendatory 322; Rider,' 22 Mich. clause. Crane v. general repealing Mills, 177; Brannin, 2 Zab. 34 N. L. v. State v. J. (N. J.) 485; Fostick v. 14 474. St. Perrysburg, Ohio however, is, contract with the
The said statute of Dec. 11 State, which or modified without the com- impaired cannot con- consent. A statute subsequent interfering pany’s vested, tract, and void. thereunder inoperative rights State n 518; Woodward, Dartmouth v. 4 College Trustees Wheat. y-. 369; Knoom, Ohiov. 16 How. 18 id. Bank Dodge 'Woolsey, 436; 331; Black, Branch Bank v. 1 Franklin Skelly, Jefferson -74; Ohio, id. Branch Bank v. The State Binghamton Farrington Tennessee, 95 S. v. U. Bridge, supra; and, w in the absence "The is a York Nt appellee corporation; M- exercise its cor- of Florida it to legislation empowering set in con- franchises in the latter can porate up nothing charter. flict with the under its exclusive appellant Tel. Tel. v. Oct. etc. 1877.] the limits has no existence rights beyond acts it, or the which created enabling except by comity Earle, 519; Pet. Ohio States. The Bank Augusta *6 ; Wheeler, Black, 1 286 .Paul Railroad Co.v. v. Mississippi 168; Co. v. Massachu- 8 Insurance Virginia, Wall. Liverpool setts, Harris, 566; 12 id. 65. 10 id. Railroad v. Company 1874, the claims-
The act of under which appellee by assign-. ment from the Louisville Pensacola Railroad must & Company, to this settled The as- construed with refеrence principle.' .be franchise, was not effectual transfer because signment any was, instance, in this to take. assignee incompetent 24, 1866, The act of has no July bearing upon the case. -It is in the same as that terms substantially of-Aug. 4,'1852, railroad, 10 Stat. which grants any plank-road, lands, turnpike right through company way public (cid:127) earth, stone, wood, and the to take therefrom right construction, and to select sites for and work- purpose depots -extends, conditions, on certain' efficient aid to shops. any whose authorized lines are to be established telegraph company .over domain. If it can be construed as public conferring of one State the another State to .upon corporation right do certain acts and certain in connection with enjoy privileges domain, condition is indispensable necessarily implied, that, an statute of such other enabling requisite to do the acts or within her limits capacity enjoy privileges been, be, or will not, has bestowed on the It does corporation. vigore, enlarge corporate powers propria any company, it authorize to exercise them in a it If foreign jurisdiction.' so, would, extent, to do void, attempted as clearly of a which has been and to assumption wisely fullest extent with the States. lodged respective
But if the was a Florida clothed appellee corporation, to establish and work its lines within undisputed authority the' — Escambia, the act would her what is not county give here — in issue over the domain. Con- only did not and could not gress possess, grant, more. no interest railroad acquires de- proprietary it a post-road.
claring Dickey Turn- Maysville Lexington v- Co., Dana Road 118. The pike (Ky.), only objects thereby Tel. Co. attained or are the of mail and the sought protection security service. postal
Mr. Belmont, contra. Perry as of that
Telegraphing, practised by respondent, part intercourse which constitutes commerce.
Restrictions the free to erect and maintain tele- upon lines that intercourse. graph operate restrictions, void, Such when authority, imposed,by the Constitution of the United States. contravening Florida, 11,1866, The act of the Dec. legislature approved relied on the do- appellant, trespasses main of but assumes to forbid has what that Congress, body authorized. question enable a concerning power Congress to exercise its in a franchises State other than that it,
which created is not involved in necessarily determining *7 The certain fran- parties. appellee exercising chises -thePensacola and Louisville Railroad which Company, Florida, to a statute of it transferred to pursuant assign- ment, which, within the it must except be territory question, conceded, was and as valid effectual in them if vesting they had been derived from a legislative immediately grant. landed have to it the of proprietors granted' occupancy. is, therefore, in that and has established con- lawfully nections therewith lines from other States. coming The. therefore, case, turns whether, after com- point, the'.single with the and plying regulations conditions Con- imposed by such a aon commercial gress, business company so-carrying with connections, all its and internal may, foreign excluded, at the instance of another corporation, certain-portions- of the State.
Mr. Chief Justice delivered the Waite of the opinion court. “ has Congress commerce with power na foreign ” tions 1, several States amongthe art. sect. (Const. 8); 8, par. ” and to establish post-offices post-roads par. 7). (id., Constitution of the United States and the laws made in pur suance thereof are the law the land. Art. supreme par. ocf Oct. 1877.] v. etc. Tel. sus- made Constitution
A law of pursuance Congress it is in all statutes which conflict. overrides pends Wheat. it has never Ogden Since of Gibbons (9 1), the case is an been that commercial doubted element intercourse comes within the commerce Con- regulating power are established to facilitate Post-offices gress. post-roads Both commerce transmission intelligence. postal because, service within the being Congress, placed should be under national in their operation, they protecting care of the national government.
Tbe thus are not to the confined instrumen- powers granted commerce, talities or the service use known when postal the Constitution was but with the adopted, keep pace they themselves the new devel- progress adapt country, of time circumstances. opments extend from the They horse with its rider to the from the stage-coach, sailing-vessel steamboat, to the from the coach and the steamboat to the rail- road, and from railroad to the as these new telegraph, agen- cies are into use successively to meet demands of brought and wealth. were intended for the increasing population They relate, business to which government at all times they and under all As were intrusted circumstances. to the they nation, it is not general good government but to see it that inter- right, duty, course States and the among intelligence transmission are not obstructed encumbered unnecessarily legis- lation.
The electric ah marks epoch progress time. In a little more than a aof has quarter century business, the habits of becоme the necessi- changed one *8 ties of commerce. It is as a means inter-com- indispensable munication, but is it -so in commercial transactions. especially The statistics recent reduction before business rates more show that than all cent of eighty per messages sent related to commerce. Goods are sold -and by telegraph orders. Contracts are money paid upon telegraphic made by secured, telegraphic correspondence, cargoes the move- ment directed. announcement ships of the telegraphic markets home, abroad at mer- regulates prices prudent
10 Ot. v. Co. chant enters transaction without upon important rarely to secure information. using telegraph freely It is not to.the but to the important people; only government. means of it the heads of the departments Washington By in close communication with all their various at kept agencies abroad, hour, and can know almost home and at any by inquiry, what is that affects the interest have transpiring anywhеre they circumstances, Under such it cannot for a moment charge. that this be doubted commerce and inter powerful agency communication comes within the controlling Congress, fact, as hostile from certainly against legislation. it been seems'to have assumed that beginning, Congress might aid in for the first line of system; developing extent ever erected was built between considerable Washington Baltimore,' a little more than thirty years ago, ; for that Stat. (5 618) money appropriated by Congress purpose of land and since been made donations have large money 489, 772; other lines id. to aid in the construction of (12 365; id. id. It is not now to whether 292). necessary inquire of the ser assume the telegraph part postal Congress may vice, its use. The case is and exclude all others from present has satisfied, power, if we find that by appropriate from obstructions placing legislation, prevent of its usefulness. the States, within the scope
The government under its foot of jurisdic- territory operates upon every powers, nation, not embarrassed and is tiоn. whole legislates one Its is protect part State lines. peculiar duty from encroachments another national (cid:127)country to all. belong confer has of Florida attempted upon single intelligence the exclusive transmitting of its This embraces certain over a territory; telegraph, portion and extends’from counties the two westernmost (cid:127) Gulf, line can cidss-the State to the No Alabama telegraph' counties, south, these west, north to east to or from it situated an this Within over territory. except passes centres, and with which at which-business important seaport, or less have occasion in commercial more those pursuits engaged *9 Oct. 1877.] West., Tel. Co. v. etc. Tel. Co. there also neces- have States
(cid:127)to communicate. The United have .a of the national They navy- govérnment. machinery sary courts, forts, and the custom-houses, post-offices, appropriate yard, of the laws. The of Flor- legislation officers enforcement sustained, ida, commercial intercourse if excludes all by telegraph аnd those the citizens of the between residing upon of this this territory, employment corporation. except by their own officers States cannot United communicate State, therefore, same by telegraph way. except be- has commercial intercourse clearly attempted States, citizens of other and to control the tween its and those within its own transmission all telegraphic correspondence jurisdiction. far done
It is to decide how this have been might unnecessary had not acted the same for it has if subject, Congress upon' .effect, 24, 1866, to a The statute of acted. amounts July of all in this It sub- State monopolies particular. prohibition declares, in con- the interest of. commerce stantially to. transmission from place intelligence place venient citizens, that and its the erec- United States government shall, lines so far as interference is con- tion cerned, be free to conditions all who submit to the imposéd will under the'iaws Congress; corporations organized for lines shall one constructing operating their be excluded another prosecuting business if the terms jurisdiction, they accept proposed by for this this the national national To government privilege. extent, statute is a com- certainly,'the legitimate regulation.óf States, intercourse and is mercial among appropriate legis- into execution lation over carry powers no service. gives foreign corporation postal enter without the consent the owner upon private property business; erect the structure's for it does but necessary that, obtained, whenever consent of the owner no provide, State legislation occupation post-roads shall.prevent avail telegraph purposes corporations willing .as of its themselves privileges. insisted, however,
It is statute extends to such domain; this, roads as are but post military public [Sup-. Tel. Co. think, is, we is not so. The and over language Through domain of over portion *10 of the roads of the United along any military post which have been or hereafter be declared such act оf by over, under, or across the streams Congress, navigable waters of the United States.” There is to indicate an nothing intention of the effect of the words limiting employed, they therefore, are, to be their natural and given ordinary significa- tion. Read in this the extends to the way, grant evidently domain, roads, the the post military navigable waters of the United States. These all within domin- ion of' the national to the extent the national government .of are, therefore, powers, .to subject legitimate congressional No arises as to the regulation. of question authority of to the provide appropriation uses private property of the for no such has been"made. use telegraph, The attempt of alone is If is re- public property granted. private property (cid:127) must, it so far as concerned, quired, present is -legislation be obtained with its owner. No by private arrangement com- are authorized. State under pulsory proceedings sovereignty is not Constitution interfered with. national Only privi- are granted; leges
The law in far State so confers question, exclusive the Pensacola in conflict with this upon Company, certainly is, To that extent it legislation Congress. therefore, inopera- tive as entitled another against corporation case, of the act of Such privileges Congress. being of the charter not exclude the does West- Company Pensacola^ ern from the Union Company occupancy right way Pensacola and Louisville Railroad under :.the Company made for that «arrangement purpose. ,that,, (8 aré aware in' Paul v. We Wall. this Virginia 168), court decided a State- exclude a of 'an might other. State and that are not jurisdiction, corporations within the clause Constitution which declares that of each shall be entitled'to and im citizens all privileges n munities of citizens several Art. sect. States.” not, however, was the case of Tjrat corporation engaged commerce; show, inter-state said court enough by Oct Tel. TeL. etc. 1877.] that, been, would have been if it had different questions very is: “It is language opinion undoubtedly presented. true, counsеl, as stated that the conferred Con- commerce, includes as well carried commerce gress as commerce carried on individuals. on corporations forbids,the that it was in- . . This state of facts supposition tended in the to exclude from grant power Congress commerce of control the corporations. language makes no reference to instrumentalities by grant alike commerce be carried on: it is and includes general, individuals, associations, cor- commerce partnerships, defect lies in the character porations.....The argument business. their Issuing policy (insurance companies) con- insurance is not of commerce. . . . Such a transaction transactions, tracts are not inter-state (policies insurance) are domiciled in different States.” though parties *11 now, need not be The thus considered questions suggested (cid:127) that because no is relied upon, except prohibitory legislation which, seeii, as has been Upon inoperative. princi- already of the of one State рles comity, corporations permitted another,, law, do business in unless it with the or un- conflicts interferes with the of citizens of the State into the justly circumstances, no come. Under such citizen of a they a can from its busi- enjoin corporation pursuing foreign n the ness. State acts its Until individual sovereign capacity, in. citizens cannot must The State determine for itself' complain. the when that assent to the public good requires implied i.ts Here, admission shall be so far from withdrawn. withdrawing assent, 1874, the of invited legislation effect, to come in. Whether telegraph- corporations foreign action, in the absence of would legislation, congressional have. been sufficient to authorize a to construct foreign corporation named, ancl a line within the two counties we néed not operate decide; that, but we are with such action clearly opinion, of secured with private the a-right arrangement land, owner of the this defendant be ex- cannot cluded present complainant.
Decree affirmed. Tel.'Co. Mr. Justice Field and Mr. Justice Hunt dissented. n Mr. Justice I am Field. to dissent compelled from the judgment'of case, in this court and from the reasons upon founded; which it is and I will state with as much brevity of grounds dissent. my possible The bill was filed to obtain an the de- injunction restraining fendant from a line erecting, using, maintaining telegraph Escambia, of Florida, on county that, ground 1866, statute December, passed complain- ant had lines, acquired exclusive to erect and use in that telegraph county period twenty years. court below denied bill, and dismissed the injunction the statute in' ground conflict with the act 24, 1866, entitled “An July Act aid in the lines, construction and to secure to the telegraph govern- ment use same for and other postal, military, pur- 14 Stat. 221. poses.” of Florida the Pensacola incorporated Telegraph statute> which had been in December of the
Company, organized pre- vious and in terms declared that it should “the sole year, enjoy exclusive and maintain privilege establishing lines of electric in the counties of Escambia ing Rosa, counties, either from different said Santa points counties, said lines into or either of cоnnecting coming them, this or other State.” points
Soon after its and in erected organization, company Pensacola, from the of- line city through southern, Alabama, Escambia, county boundary *12 miles, has distance of which since been and in forty-seven open located, 'It the continuous of operation. by permission Florida its line of rail- Alabama and Railroad Company, along n obtained, the charter was the line was substan- After way. rebuilt, and two other lines the were erected tially county the company. act 1878, the of Florida an passed February, legislature the and to Louisville Railroad Company, granting become the Alabama and Florida had the assignee-of to* Railroad the construct and Company, right operate telegraph lb Oct. 1877.] Tel. Co. etc. Tel. Co. the Pensar fia to from the its Bay lines upon Railroad, and its with the Mobile road Montgomery junction the lines of other connect the same with companies. and to act the following (February, an passed year By amendatory to construct and was authorized the railroad .1874), company located, but lines, its road as then the not along operate only located, roads and connecting as it be thereafter along might Alabama, and and to connect to the the county, boundary and to sell cons&lidate them with other telegraph companies, them, the and the rights, property appertaining assign act; the and it and franchises conferred empow- privileges, the case, ered to construct operate the assignee,'in lines, these and franchises. rights, privileges, enjoy the act, and after its this soon passage,
Under amendatory the and franchisee railroad assigned rights, privileges, company the Union thus to Western Telegraph Company, acquired herein, under laws o’f defendant created corporation York; aline New which at. once erect proceeded southern of Ala- from the of Pensacola boundary city bama, the identical on which complainant’s along railway since, has ever line was been located erected it to transmit fоr avowed intention using compensation and State. the erec- By messages county line, that its tion of this complainant -alleges operation valueless, that would become lose would property franchises conferred charter. benefits There can be no serious that the State of Florida question to confer cre- absolute possessed for a limited to con- ated it the exclusive privilege period, -a Its struct and line within its borders. operate Constitution, time, in existence at the empowered legislature and franchises to grant privileges private corpora- exclusive not tions for a The exclusive- period exceeding twenty*years. inducement ness of a often constitutes privilege returns. out little immediate holding .undertakings prospect deter results an will enterprise often uncertainty distrustful, cautious making capitalists, naturally investment, that, without some assurance in case the business encounter, of, shall become-.profitable, they danger, *13 [Sup.' Tel. v. West., Tel. Co. etc. destruction or diminution has, thereforе, competition. by been a common in all the States to enter- practice encourage for their prises having object promotion public good, railroads, such as the construction of bridges, turnpikes, canals, limited exclusive by granting periods privileges for. connection them. Such so far from deemed grants, being encroachments upon any rights powers contracts, to .are held constitute to be within the protecting (cid:127) clause of' the Constitution of their prohibiting impairing any obligation. to the was invaded grant complainant subsequent to the Pensacola and grant Louisville Eailroad If Company. valid, the first was void, the second was grant all according court, the decisions of this of a State to upon impair since the Dartmouth Case. The court grant, College below otherwise, did not hold and I do not understand that different here; decided, view taken but it and this court sustains decision, that the statute void, first was making grant reason its conflict with the act of Congress July associates, all
With I cannot that my see deferen.ce act of has to do with the ease before us. any’thing it has my judgment, reference lines over only, telegraph roads on along military domain of the post public United States. The title of the act expresses purpose; “To aid in the lines,: namely, construction and to secure to the of the same for government postal,'mili us.e and other The. aid tary, purposes.” conferred grant - domain; of a over' the the act- does public aid in is, Its propose give any way. language under the any telegraph company organized laws a State construct, maintain, shall have lines operate and over do portion any public through main, over and along of. roads which any military post have hereafter be declared' been act of Con and over and across the gress, streams waters of navigable domain, the United States.” The .portion which' be thus- used is reference to the designated military roads it. Were there is the. post doubt that this any etc.. Tel. Co. Oct. 1877.] act, correct construction of the follows in provision it; the same section sеem to remove would namely, *14 the said take shall have the to and use from companies timber, stone, such lands the and other mate public necessary stations, rials for its and other needful uses in the posts, piers, tele-, construction, maintenance, and said lines of operation and use such of the unoccu graph, may pre-empt portion lands, to which its subject pied public pre-emption, through located, said lines of telegraph may.be may necessary station^, its station, not acres for but each exceeding forty sections shall not be fifteen each miles of other.” the face of mine, this Italics are of which there language, . not to be a difference as to the of the ought opinion object act, or as to its construction. The conclusion reached by not this the court overlooks but najority only language, intended to aid .mplies Congress give —those, thereafter or to be 3ompanies country, existing created, —not them to construct their lines by merely allowing lands, over and but also over along post-roads upon public such road's within the are States which not on the along lands, where, heretofore, it has not been public supposed it could exercise any power. rightfully ' roads to the United States only military belonging reservations; within the are in the and to them military the act does Arid are no there obviously apply. post-roads to the United’States within the States. belonging roads are the mails carried under contract parties, which by - States, either to the or to government, indi- belong viduals, or to and are declared corporations, post-roads with, the carriers from interfered and the protect being mails their from in and the ser- being delayed transportation, postal from frauds. The has no other control government vice over no them. It-has interest or in them them to proprietary along them, bestow one. cannot use without upon any paying uses; tolls to individuals similar it cannot chargeable pre- for. n them State at vent its changing discontinuing and it can no- acquire interest pleasure; ownership property them, it acquire except ’ — in property namely, purchase, by apprppria- (cid:127) VOL.' vi.
IS Tel. Co. v. tion compensatiori, upon making just Dickey Road Turnpike Co., Dana (Ky.), upder streets some of our
-.The post-roads, cities'are Stat., the declaration of sect. (Rev. 3964); and. would be a if lilies could be thing erected strange such streets without the foreign corporation along consent course, authorities, and, and State municipal without on their or 'control its -man- part charges Yet the doctriné agement. majority assorted' thqt, court this if the owners of the length: goes property the streets consent to erection of such lines along and the corporation, foreign municipality power- it, less to the exclusive to erect although them prevent have been granted by own creation.
If a with a contract to the mails over making party by carry State, a a road in which thus-becomes act particular for that a post-road, such- Congress purpose Congress acquires the road it to that can authorize rights respect corpоra- to tions other States construct and over it a line of along not them it authorize to construct telegraph, why along may road, canal, a or a or a other turnpike, railway, any used for the work which be of commerce ? If promotion case, in one cannot see it does authority I why exist. n not exist in the other. ifAnd can authorize equally Congress of one State to lines construct corporations telegraph State, in another it must have to authorize right railways the. condemn them to for that private act property purpose. true, not, does under consideration for provide con- it .such ; exist demnation but if the to authorize the construction lines, it be defeated from the cannot the cor- inability n to acquire The- porations necessary property by purchase. a to to confer all the grant power power implies authority to make the effectual. It was a for necessary grant time long States, a debated whether United in order question to obtain their own could required purposes, exercise property domain" a eminent' State. It has been that, decided, within the two past only years, government, be chase, if such cannot obtained pur property by. may appro- Tel. Oct. 1877.] etc. v. owner, Kohl v. to the it, compensation making just upon
priate it been 367; never has suggested but 91 U. S. United of one State a enable corporation could that order that to condemn property might another there. business transact private con- not that Congress .may are not- called say
We or erect for postal purposes railroad as a struct a post-road, to establish post- line. power telegraph shall be the roads which "is .not limited designating roads — has been asserted routes, limitation which used as postal it be admitted that statesmen.1 If eminent jurists roads, it of such does also the construction embraces of one State authorize the follow that can corporation in another line construct railroad operate business, or even to exist transaction of private reason of there, the latter State. without the By permission’of Florida was to the incompetent complainant, previous grant defendant, or to to the such permission assignor give line in the to construct a telegraph county any company, 3,1874, in the face of Escambia. The act of the State E’eb. of this to áuthorize the construction of can be held grant, If, in other counties. lines different companies therefore, the defendant has county,’they derived from the act of Congress. solely the limits
A can have no existence legal beyond created it. In* Bank Augusta sovereignty that “it must Earle Pet. it was said this court (13 519), creation, another dwell of its and cannot migrate place added, inAnd Paul v. we Virginia Wall. sovereignty.” 168), *16 (8 States, that “the of its existence even recognition therein, the enforcement of its contracts made depend purely States,— of those which is never ex- upon comity comity tended of where the existence or the exercise of its is to or to interests powers prejudicial repugnant their their no absolute in other Having right recognitiоn policy. States, for such but the enforce- depending recognition President ac Elliott’s edition of Views' of Monroe 1836, 487; Debates, message Judge in his companying bis veto Views of McLean 1822; May 4, dissenting Wheeling Bridge Case, 18 How. 441, opinion Tel. assent,
mént of its contracts follows, their it as a upon matter course, such assent be such terms may granted, conditions as those think may proper impose. They exclude foreign corporation restrict entirely, they may localities, its business to or particular such se- they may exact - curity of its contracts with their performance citizens as in their will best judgment interest.. promote If,-therefore, whole matter rests their discretion.” foreign Florida, exist in the can State of and do corporations business there it must be because authority Congress, Congress — business, can create such for local a doctrine to corporations assent, which I cannot and which to mind is with my pregnant evil consequences. that has all been said importance telegraph
as a of intercourse, means use in aiid of cоnstant commercial transactions, I concur. Similar be used fully language may indeed, two, with is regard railways; railway much the more instrument commerce. But it is important difficult to see from this fact can be how deduced the right to authorize the of one to enter corporations borders, within the of another State and construct railways lines in its different counties for transaction telegraph local business. to the no inter grant complainant way feres if it power Congress, possess power, construct lines or service or railways postal for.' with its commerce military purposes, between States. The that Florida- imputation designed by to obstruct the in these grant powers Congress respects warranted in-her statute. A like by any imputa thing tion, and with be made equal justice, might against every which has Union -authorized the construction a rail counties, line one of its with a any. grant' anof exclusive or line for a limited’ road operate -It is true the with their citi period. equally ; zens, to use the road line but in such eases obliged it has not that this fact heretofore been impaired supposed of the State to make the When-the general gov grant. ernment desires to business transact necessarily makes use of the modes of transit under provided highways *17 Oct. 1877.] Tel. Co. v. West., etc. Co. State, in the absence of those of its of own laws
creation. advanced, that if a in corporation position any way can enter do in in commerce it business another engaged consent, the latter’s State without novel startling. in the There is v. which opinion nothing Virginia Paul. it. The statute of which was gives support Virginia, case, in that no under consideration that insurance provided under its laws should do^business company'mot incorporated within the without a license for that previously obtaining not such and that it receive license until it had purpose; should of with the treasurer bonds a deposited specified $30,000 $50,000. an amount character to No varying was insurance deposit companies required incorporated it; on their business the State by carrying in. that case the of the validity discriminating provisions statute, of the State- and сorporations between those contended, other was assailed. It was other among that was in statute conflict with things, vested power States; commerce the several Congress regulate among that, included commerce carried on power by corporations individuals;. aswell that on and that the by carried issuing a of insurance one State upon1 policy property by corpo ration of was a transaction another State of inter-state com court that true was that the replied, language .merce. made .no reference to Congress instrumen grant which, carriedon; talities commerce that might be it was by included individuals, alike commerce general, partner associations, that, therefore, corporations; ships, there fact, was that the insurance of New nothing companies York were corporations, impaired coun argument sel, but that defect the character business; lay was of insurance not a issuing policy. transaction commerce; that the were mere policies contracts indemnity fire, loss articles against commerce in any proper words, term. the court held meaning that the commerce was not affected the fact that such commerce carried corporations, on'by but of insurance made contract of one a. Tel'. *18 in another
State State was upon not a of transaction property inter-state commerce. would been have outside of the case have for the court to as to of expressed opinion power to authorize a to do in business a Congress foreign corporation State, that a of insurance upon assumption issuing policy was a commercial transaction. And it is to see impossible any views, of the which were bearing expressed, doctrine here, State, that a advanced of one in corporation any way commerce, in enter another State and can. do business ngaged there the latter’s without consent. Let this doctrine be once established, and of greater part trade commerce will soon of Stаte be carried on every created by corporations it. of without The business is ato extent country large or be, conducted controlled and it as was by corporations; “ in said .this court the case to, referred highest t interest the number of in the corporations limited, that be should should be they required give pub transactions, to their to submit their affairs to licity proper examination, to be of forfeiture their subject corporate rights their case officers mismanagement, should be a held to strict manner accountability- which the is business liable corporations be to sum managed, All these removal.” the- abuses mary guards against corporate State would incapable taking against corporation another State aor line within operating railway its borders under the permission however extor Congress, its its tionate charges corrupt management. have a tariff of rates and
might prescribed char charges ter, State.;- which would be thus, control beyond a State be reduced to the authority Congj.ess might " the rates- conditiоn having charges transportation within its borders persons freight, messages regulated Indeed, another State. is see that there will by. easy to. remain little of valué reserved if the doctrine announced this case be as the law of the accepted land. “ vested in commerce Congress among ” the several States does not authorize interference with the “ commerce entirely which is carried on within a State. Com- Oct. Tel. Co. v: etc. 1877.] < is,” as word Marshall, Chief Justice prehensive among’ says “ it be restricted to that may very commerce properly ” one; concerns more than internal completely State, then, commerce of be considered as-reserved for 194, 195. itself.” Gibbonsv. Wheat. Ogden, That commerce embraces the of the business of greater part every State. one Every engaged transportation property inor between different persons, sending messages, points it, destined or in the points beyond purchase borders, sale of merchandise within in its com engaged ;merce and the doctrine that can authorize foreign (cid:127) to enter within its limits and in this corporations participate commerce without the State’s consent is utterly subversive (cid:127) our of local State State control system local *19 government. in matters thus would be impossible.
The late war was on at enormous cost of life and carried an that but, the Union be unless the property, might preserved; the States within their be also independence spheres proper the Union is valueless. preserved, our form government, other; as one is essential as the and a at blow one strikes both. The was'formed for general government national pur- that we have within poses, ourselves uniform- principally might of commercial ity one regulations, currency, postal common and that the citizens system, have in might several-States each and that in equality our privilege; foreign relations we ourselves as one present nation. But the might both, and enforcement of protection private persons left, affairs,- and the domestic were property, regulation.of States; and, with the unless chiefly are allowed to remain they there, it will-be for impossible of' such vast dimensions country as climate, ours —with of soil and every differ- variety creating — ent interests in pursuits, and different sections conflicting As kept together peace. long general government- confines itself to but limited great the' States sphere, are left to their business, control domestic affairs there can be no for unrest ground public disturbance. can Disquiet arise from the exercise of only ungranted powers.
Over is more no it for subject the-interests and- important welfare of control, a State that should have than over corpo- v. States. Jones United business within its limits. decision now doing By
rations rendered, can take this control from congressional legislation thrust within its borders and even corporations that, in no to'it. It seems to me other States way responsible instance, the court has this departed from,long-established-doc- trines, the enforcement of is of vital importance harmonious of our national and efficient and working governments. dissent,
Mr. Hunt. I on the Justice ground act intended was lines con- apply domain. structed upon Mr. Justice did not case, Harlan sit in this nor take any it. part deciding
Jones States. goods, contract for manufacture In an their on executory delivery no to the being property passes vendee; time day, and, specified he is not hound to the essence of contract, accept them, pay or tendered on that are delivered unless day. they having goods found that- the had below not 2. The court been delivered or ten- nor extension of time, dered at the time for the stipulated performance being granted, nothing and there of the contract case warrant indulgence assuming would contractor he the United allowed, setting goods that when the were tendered *20 up estopped an contract was at end. from the Court of Claims. Appeal are stated in the facts court. opinion Lowndes, for the James Mr. appellant. Solicitor-G-eneral, contra. delivered court. opinion Mr. Clieeor'd Justice of the essence Time contract for usually executory the sale and where no subsequent goods, delivery in the same from the vendor to passes bargain property is,-that the rule in such a case purchaser; purchaser