Postal Telegraph-Cable Co. v. City of Mobile

Citations

• 179 F. 955
• 1909 U.S. App. LEXIS 5810

Syllabus

<p>1. ‘Courts (§ 289*) — United States Courts — Jurisdiction—Nature of Subject-Matter.</p> <p>The United States Circuit Court has jurisdiction of an action by a telegraph company to restrain the enforcement of a tax of $1,000 by the municipality, on the ground that it is a tax on interstate commerce and is discriminatory; it being alleged that the.damage to the complainant was greatly in excess of $2,000.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 830; Dec. Dig. § 289.*]</p> <p>2. Commerce (§ 72*) — Means of Regulation — Taxation.</p> <p>No state can levy a tax on interstate commerce in any form, whether by duties laid on the transportation of subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on.</p> <p>[Ed. Note. — For other cases, see Commerce, Cent. Dig. §§ 123-136; Dec. Dig. § 72.*</p> <p>Taxation of interstate commerce by state, seo note to Board of Assessors v. Pullman’s Palace Car Co., 8 O. C. A. 492.]</p> <p>3. Commerce (§ 28*) — Interstate Commerce.</p> <p>Telegraph business is interstate commerce, and the telegraph company is engaged in interstate commerce.</p> <p>[Ed. Note. — For other eases, see Commerce, Cent. Dig. § 22; Dec. Dig. § 28.*</p> <p>For other definitions, see Words and Phrases, vol. 4, pp. 3724-3731.]</p> <p>4. Injunction (§ 152*) — Preliminary Injunction — Hearing—Burden of Proof.</p> <p>On a motion for preliminary injunction, the burden is on complainant to satisfy the court that there is at least a reasonable probability of ultimate success on the question of jurisdiction as well as on the merits of the controversy.</p> <p>[Ed. Note. — For other cases, see Injunction, Dec. Dig. § 152.*]</p> <p>5. Injunction (§ 144*) — Preliminary Injunction — Hearing.</p> <p>On a motion for preliminary injunction, allegations of the bill are to be taken as true.</p> <p>[Ed. Note. — For other eases, see Injunction, Cent Dig. §§ 316, 317, 321; Dec. Dig. | 144.*]