Rufus Wheeler Peckham

“ The matters upon which the silence of congress is equivalent to affirmative legislation are national in their character, and such as to fairly require uniformity of regulation upon the subject-matter involved affecting all the states alike. ”

“ But the statute can be fully carried out and obeyed without in any manner affecting the conduct of the company with regard to the performance of its duties in other states. It would not unfavorably affect or embarrass it in the course of its employment, and hence, until congress speaks upon the subject, it would seem that such a statute must be valid. It is the duty of a telegraph company which receives a message for transmission, directed to an individual at one of its stations, to deliver that message to the person to whom it is addressed with reasonable diligence, and in good faith. ”

“ In relation to the power of congress to regulate commerce in cases of the second class, it is said that it is not its mere existence, but its exercise by congress, which may be incompatible with the exercise of the same power by states, and that the states may legislate in the absence of congressional regulations. ”

“ Justice Field, speaking for the court in that case, was 'to secure with reference to its subjects uniform regulations where such uniformity was practicable against conflicting state legislation. Such conflicting legislation would inevitably follow with reference to telegraphic communications between citizens of different states if each state was vested with power to control them beyond its own limits. The manner and order of the delivery of telegrams, as well as their transmission, would vary according to the judgment of each state. ”

“ Instead of obstructing, this statute aids, commerce. The subject of the act is not national in character, nor is uniformity at all requisite. Conduct which might incur the penalty of $100 in one state might violate no statute in another, and in still a third might subject the carrier to a penalty of but $50, and yet there would exist no reasor for uniformity of rule governing the subject, and the carrier would really suffer nothing from its absence. ”

“ The sections referred to do not, however, touch the subjectmatter 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. ”

“ Be it further enacted, that such companies shall deliver all dispatches to the persons to whom the same are addressed or to their agents, on payment of any charges due for the same: provided, such persons or agents reside within one mile of the telegraphic station or within the city or town in which such station is. ”