Postal Telegraph-Cable Co. v. Fremont, 255 U.S. 124 (1921)

Postal Telegraph-Cable Company v. City of Fremont


No. 156


Submitted January 18, 1921
Decided February 28, 1921
255 U.S. 124

ERROR TO THE SUPREME COURT
OF THE STATE OF NEBRASKA

Syllabus

A small license tax, imposed by a city on a telegraph company for the privilege of doing intrastate business is not to be declared an unconstitutional burden on its interstate business, merely because the local business is unprofitable, where the tax ordinance was in force when the company entered the place and the tax was paid without objection for a series of years, the circumstances thus repelling any intent to invade interstate commerce in levying it, and where the state law affords means to prevent the tax from burdening the interstate business through an application to increase intrastate rates, of which the company has not sought to avail itself. P. 127.

103 Neb. 476 affirmed.

The case is stated in the opinion.