WESTERN UNION TELEGRAPH CO. v. INDIANA

No. 649.

165 U.S. 304 (1897)

WESTERN UNION TELEGRAPH COMPANY v. INDIANA.

Supreme Court of United States.

Decided February 1, 1897.


Attorney(s) appearing for the Case

Mr. Samuel O. Pickens, Mr. Willard Brown and Mr. Charles W. Wells for plaintiff in error.

Mr. William A. Ketcham, Attorney General of the State of Indiana, Mr. Alonzo Greene Smith and Mr. Merrill Moores for defendant in error.


MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

Whether the fifty per cent penalty clause of the act of 1893 contravenes the Constitution of the United States is the question presented on this writ. If it does not, the question whether that penalty was properly included in the judgment rendered against the telegraph company was for the determination of the state courts.

The necessity of classifying the subjects of taxation...

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