Western Union Telegraph Co. v. James’s Empirical Analysis

Citation profile

15 federal appellate · 6 district · 112 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 231 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While it is vitally important that commerce between the states should be unembarrassed by vexatious state regulations regarding it, yet on the other hand, there are many occasions where the police power of the state can be properly exercised to insure a faithful and prompt performance of duty within the limits of the state upon the part of those who are engaged in interstate commerce.”.”

   2 later decisions quote this exact passage · from the majority
   e.g. Peirce v. Van Dusen · Chicago, R. I. & P. Ry. Co. v. Beatty

2. ““It has been settled by the adjudications of this court that telegraph lines, when extending through different states, are instruments of commerce which are protected by the above clause in the federal constitution, and that the messages passing over such lines from one state to another constitute a portion of commerce itself. . . . Such messages come within the protecting clause of the constitution just quoted, and if the statute in question can be construed as regulating commerce between the states, the statute would be invalid on that account. “The congress of the United States, by the act of July 24, 1866, c. 230, 14 Stat. 221 , legislated upon the subject of telegraph companies. That legislation has become a part of the United States Revised Statutes, §§ 5263 to 5269, both inclusive. The sections referred to do not, however, touch the subject-matter of the delivery of messages as provided for in the state statute. The provision in the section of the Revised Statutes as to the precedence to be given to the messages of officers of the government in relation to their official business are not inconsistent with or in any manner opposed to the provisions of the Georgia act, nor are they upon the same subject within the meaning of the rule which permits state legislation in some instances only until congress shall have spoken.” (Page 654.)”

   1 later decision quote this exact passage · from the majority
   e.g. State ex rel. Coleman v. Western Union Telegraph Co.

3. ““We see no reason to fear any weakening of the protection of the constitutional provision as to commerce among the several states by holding that in regard to such a.message as the one in question, although it comes from a place without the state, it is yet under the- jurisdiction of the state where it is to be delivered (after its arrival therein at the place of delivery), at least so far as legislation of the state tends to enforce the performance of the duty owed by the company under the general law. So long as Congress is silent on the subject,' we think it is within the power of the state government to enact legislation of the nature of the Georgia statute. It is not a case where .the silence of Congress is equivalent to an express enactment””

   1 later decision quote this exact passage · from the majority
   e.g. Logan & Bryan v. Postal Telegraph & Cable Co.