From Casetext: Smarter Legal Research

Whitehurst v. Grimes

United States District Court, E.D. Kentucky
Sep 17, 1927
21 F.2d 787 (E.D. Ky. 1927)

Summary

In Whitehurst v. Grimes, D.C., 21 F.2d 787, the Court held that: "Radio communications are all interstate. This is so, though they may be intended only for intrastate transmission; and interstate transmission of such communications may be seriously affected by communications intended only for intrastate transmission.

Summary of this case from United States v. Betteridge

Opinion

September 17, 1927.

Paul M. Segal, of Denver, Colo., and James Park, of Lexington, Ky., for plaintiff.

R.L. Bronaugh, of Nicholasville, Ky., for defendants.


In Equity. Suit by R.B. Whitehurst against J.W. Grimes, Chief of Police of Wilmore, and Wilmore, Ky. On defendants' motion to dismiss bill for want of equity. Motion denied.


This suit is before me on defendants' motion to dismiss the bill for want of equity and that it does not state facts sufficient to entitle plaintiff to the relief which he seeks.

The plaintiff is an amateur radio operator. He lives and operates an amateur radio station located in the city of Wilmore, a municipality of this state located in this district. This he has done since October, 1924. He has a license so to do from the United States. It was granted October 19, 1925, for two years by the Secretary of Commerce, under the Act of August 13, 1912 ( 47 USCA §§ 51-60; Comp. St. §§ 10100-10109), and was extended March 15, 1927, by the Federal Radio Commission, appointed under the Act of February 23, 1927 ( 47 USCA §§ 81- 120), by General Order No. 1, until further orders therefrom. The designation of his station is 9 ALM.

On October 1, 1926, the defendant by its board of council passed an ordinance requiring all persons, firms, and corporations operating a radio broadcasting station, either commercial or amateur, to pay a license tax therefor and providing a penalty for failure to do so. The tax provided is not on the property of the radio operator, but on the business of radio broadcasting. Radio communications are all interstate. This is so, though they may be intended only for intrastate transmission; and interstate transmission of such communications may be seriously affected by communications intended only for intrastate transmission. Such communications admit of and require a uniform system of regulation and control throughout the United States, and Congress has covered the field by appropriate legislation. It follows that the ordinance is void, as a regulation of interstate commerce.

The motion to dismiss is overruled.


Summaries of

Whitehurst v. Grimes

United States District Court, E.D. Kentucky
Sep 17, 1927
21 F.2d 787 (E.D. Ky. 1927)

In Whitehurst v. Grimes, D.C., 21 F.2d 787, the Court held that: "Radio communications are all interstate. This is so, though they may be intended only for intrastate transmission; and interstate transmission of such communications may be seriously affected by communications intended only for intrastate transmission.

Summary of this case from United States v. Betteridge

In Whitehurst v. Grimes (21 F.2d 787) and Tampa Times Co. v. Burnett (45 F. Supp. 166) States tried to impose license taxes upon stations operating in interstate commerce.

Summary of this case from Matter of Presnell v. Leslie

In Whitehurst v. Grimes (1927), 21 F.2d 787, wherein a Kentucky city passed an ordinance requiring all persons operating a radio broadcasting station to pay a license tax, the court said: "The tax provided is not on the property of the radio operator, but on the business of radio broadcasting.

Summary of this case from Beard, Collector v. Vinsonhaler
Case details for

Whitehurst v. Grimes

Case Details

Full title:WHITEHURST v. GRIMES, Chief of Police, et al

Court:United States District Court, E.D. Kentucky

Date published: Sep 17, 1927

Citations

21 F.2d 787 (E.D. Ky. 1927)

Citing Cases

Wirtz v. Indiana Cablevision, Inc.

It is unquestioned that radio and television broadcasts generally are a subject of interstate commerce. Allen…

U.S. v. Butterfield

However, radio broadcasts have impact upon interstate commerce, regardless of whether those broadcasts are…