v._ Bates, 156 U.S. 577, 587 (1895).
[334] United States _v._ Carolene Products Co., 304 U.S. 144, 147-148
(1938). _See also infra._
[335] The "Daniel Ball," 10 Wall. 557, 564 (1871).
[336] Mobile County _v._ Kimball, 102 U.S. 691, 696, 697 (1881).
[337] Second Employers' Liability Cases, 223 U.S. 1, 47, 53-54 (1912).
[338] The above case. And _see infra_.
[339] 9 Wheat. 1, 217, 221 (1824).
[340] Pensacola Teleg. Co. _v._ Western Union Teleg. Co., 96 U.S. 1
(1878). _See also_ Western Union Teleg. Co. _v._ Texas, 105 U.S. 460
(1882).
[341] Ibid. 9. "Commerce embraces appliances necessarily employed in
carrying on transportation by land and water."--Chicago & N.W.R. Co.
_v._ Fuller, 17 Wall. 560, 568 (1873).
[342] "No question is presented as to the power of the Congress, in its
regulation of interstate commerce, to regulate radio communications."
Chief Justice Hughes speaking for the Court in Federal Radio Com _v._
Nelson Bros. B. & M. Co., 289 U.S. 266, 279 (1933). _Said_ Justice
Stone, speaking for the Court in 1936: "Appellant is thus engaged in the
business of transmitting advertising programs from its stations in
Washington to those persons in other States who 'listen in' through the
use of receiving sets. In all essentials its procedure does not differ
from that employed in sending telegraph or telephone messages across
State lines, which is interstate commerce. Western Union Teleg. Co. _v._
Speight, 254 U.S. 17 (1920); New Jersey Bell Teleph. Co. _v._ State Bd.
of Taxes & Assessments, 280 U.S. 338 (1930); Cooney _v._ Mountain States
Teleph. & Teleg. Co., 294 U.S. 384 (1935); Pacific Teleph. & Teleg. Co.
_v._ Tax Commission, 297 U.S. 403 (1936). In each, transmission is
effected by means of energy manifestations produced at the point of
reception in one State which are generated and controlled at the sending
point in another. Whether the transmission is effected by the aid of
wires, or through a perhaps less well understood medium, 'the ether,' is
immaterial, in the light of those practical considerations which have
dictated the conclusion that the transmission of information interstate
is a form of 'intercourse,' which is commerce. _See_ Gibbons _v._ Ogden,
9 Wheat. 1, 189." Fisher's Blend Station _v._ Tax Commission, 297 U.S.
650, 654-655 (1936).
[343] 13 How. 518.
[344] 10 Stat. 112 (1852).
[345] Pennsylvania _v._ Wheeling & Belmont Bridge Co., 18 How. 421, 430
(1856). "It is Congress,
|