James Clark McReynolds

“ Appellant insists that, as construed and applied below, the statute transcends the powers granted to Congress by the Constitution; and there is sufficient substance in the claim to give us jurisdiction. ”

“ Appellant now maintains that the court below erroneously construed and applied the act of 1866, and undertook to bestow upon the telegraph company rights in its highways beyond the power of Congress to grant; that its ways are occupied without lawful authority, either state or Federal; that such occupation constitutes a continuing nuisance ”

“ A state has no authority to say that a telegraph company may not operate lines constructed over postal routes within its borders, Western U. Teleg. Co. v. Atty. Gen. 125 U.S. 530, 554, 31 L. ed. 790, 795, 8 Sup. Ct. Rep. 961. A city may not arbirtrarily exclude the wires and poles of a telegraph company from its streets, but may impose reasonable restrictions and regulations. ”