Leloup v. Port of Mobile,
127 U.S. 640 (1888)

Annotate this Case
  • Syllabus  | 
  • Case

U.S. Supreme Court

Leloup v. Port of Mobile, 127 U.S. 640 (1888)

Leloup v. Port of Mobile

No. 274

Submitted May 2, 1888

Decided May 14, 1888

127 U.S. 640




Where a telegraph company is doing the business of transmitting messages between different states, and has accepted and is acting under the telegraph law passed by Congress July 24th, 1866, no state within which it sees fit to establish an office can impose upon it a license tax or require it to take out a license for the transaction of such business.

Telegraphic communications are commerce, as well as in the nature of postal service, and if carried on between different states, they are interstate commerce, and within the power of regulation conferred upon Congress, free from the control of state regulations except such as are strictly of a police character, and any state regulations by way of tax on the occupation or business, or requiring a license to transact such business, are unconstitutional and void.

Page 127 U. S. 641

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.