New Hope Borough v. Postal Telegraph Cable Co.

Citations

• 202 Pa. 532
• 52 A. 127
• 1902 Pa. LEXIS 560

Syllabus

<p>Boroughs — License tax on telegraph companies — Police power.</p> <p>The adoption by a borough of an ordinance imposing a reasonable annual fee for each pole and each mile of suspended wire erected and maintained by telegraph, telephone and electric light companies within the borough limits is a valid exercise of police power.</p> <p>Constitutional law — Interstate commerce clause — License tax on telegraph companies.</p> <p>An ordinance of a borough imposing a reasonable annual license fee for each pole and each mile of wire erected and maintained by a telegraph company, is not, as to telegraph companies engaged in the business of transmitting messages between the several states of the union, a violation of the commerce clause of the federal constitution.</p> <p>Boroughs — License fees on poles and wires of telegraph company.</p> <p>In an action by a borough against a telegraph company to recover a license fee on poles and wires for a particular year, the same being payable at the beginning of the year, the fact that the borough did not expend money for inspection, supervision or police surveillance of the poles and wires in that year is not a defense.</p> <p>The courts will not declare such ordinance void because of the alleged unreasonableness of the fee charged, unless the unreasonableness be so clearly apparent as to demonstrate an abuse of discretion on the part of the municipal authorities.</p> <p>A borough ordinance imposing a license fee of $1.00 per year for each telegraph pole and $2.50 per year for every mile of telegraph and telephone wire in the borough will be sustained, although the evidence shows that the telegraph company maintained no office in the borough, and that the wires were used by the company wholly for the transmission of messages between different states and between this country and foreign countries.</p> <p>Boroughs — License fees— Telegraph comp anies— Question for court.</p> <p>In an action to recover a license fee imposed upon tel