Regulation of Commerce Under the Federal Constitution
Regulation of Commerce Under the Federal Constitution
Thomas H Calvert
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V. WcBtem Union Tel. Co., (1877) 96 U. S. 1. Messages between points in the same State, transmitted over the wires of the same company and in part over the territory of another State, do not constitute interstate commerce. Railroad Com'rs v. Western Union Tel. Co., (1893) 113 N. Car. 213; Westera Union Tel. Co. V. Reynolds, (1902) 100 Va. 469. s (1881) 106U. 8. 460. BBOULATION OF OOMHBBCB 189 In a few State oases ' it has been held that the telephone is an instrmnent of commerce. And from Ihe c...ase of Richmond v. Southern Bell Telephone, J^^^ etc., Co.,^ it may be inferred that the interstate business of a telephone company may be sub- jected to federal regulation, but a reading of the case leaves it very uncertain what degree of control Congress may exercise. In that case the question was presented whether a telephone cmnpany is entitled to claim the benefit of the pro* visions of the Act of Congress of July 24, 1866, referred to below,** that is, whether the words ^' telegraph company " included a telephone com- pany.
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