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Richmond, Virginia
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Postal Telegraph Company wins appeal in Virginia Supreme Court against Norfolk's $500 license tax on telegraph firms, claiming it's unconstitutional and burdens interstate commerce after manager's arrest and fine in 1912.
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POSTAL TELEGRAPH COMPANY DECLARES $500 LICENSE TAX IS CONFISCATORY AND UNCONSTITUTIONAL.
Writ of error and supersedeas was issued in the State Supreme Court of Appeals yesterday afternoon in the appeal of the Postal Telegraph-Cable Company in the case of the City of Norfolk against that company. Bond in the sum of $800 was required. The Postal is fighting the constitutionality of a city ordinance in Norfolk requiring the payment of a license tax of $500 per year on telegraph companies doing business in that city.
The case grew out of the arrest of the manager of the Postal in Norfolk for failure to pay the tax, and the imposing of a fine of $10 with $1 costs for the violation of the ordinance. The warrant was served July 11, 1912, and the case was heard and fine imposed by the police justice in Norfolk on December 19, 1912.
The telegraph Company took an appeal to the Circuit Court of the city of Norfolk. The action of the Police Court was confirmed, but in delivering its opinion, citing the appeal of the Postal to the State Supreme Court, the Norfolk Circuit Court decided, 'That so much of said city ordinance as imposed the license tax of $500 on telegraph companies doing business in the city of Norfolk was legal, but that so much of the ordinance as imposed a license tax of $1 per pole and $1 for every hundred feet of conduit, was unconstitutional and void.'
The Postal in its appeal contends the $500 tax is unconstitutional, places an illegal burden on interstate commerce and is void under the commerce clause of the constitution. It is confiscatory declares the Postal.
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Location
Norfolk
Event Date
1912
Story Details
The Postal Telegraph-Cable Company appeals a Norfolk city ordinance requiring a $500 annual license tax on telegraph companies, following the arrest and fining of its manager for non-payment. The company argues the tax is unconstitutional, confiscatory, and burdens interstate commerce. The Circuit Court upheld the $500 tax but struck down pole and conduit fees as unconstitutional.