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EMER. FLEET CORP. v. WEST. UNION TELEGRAPH CO.

No. 113.

275 U.S. 415 (1928)

48 S.Ct. 198

72 L.Ed. 345

EMERGENCY FLEET CORPORATION, UNITED STATES SHIPPING BOARD v. WESTERN UNION TELEGRAPH COMPANY.

Supreme Court of United States.

Decided January 3, 1928.

Attorney(s) appearing for the Case

Mr. Gardner P. Lloyd, Special Assistant to the Attorney General, with whom Solicitor General Mitchell, Mr. Chauncey G. Parker, General Counsel, U.S. Shipping Board, Mr. Ralph H. Hallett, Assistant Counsel, U.S. Shipping Board, and Mr. O.P.M. Brown, Special Counsel, U.S. Shipping Board, were on the brief, for petitioner.

Mr. John W. Davis, with whom Messrs. Francis R. Stark and Paul E. Lesh were on the brief, for respondent.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

By Post Roads Act, July 24, 1866, c. 230, 14 Stat. 221; Rev. Stat. § 5263-5266, the United States offered privileges of great value to any telegraph company which should elect to accept its provisions. In return, it required, by § 2 of the Act: "That telegraphic communications between the several departments of the government of the United States and their officers and agents shall, in their transmission...

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