Page:United States Statutes at Large Volume 25.djvu/430

 384: FIFTIETH CONGRESS. Sess. I. Ch. 772. 1888. and to have legally ascertained and finally adjudicated all alleged rights of all persons and corporations whatever claiming in any manner any control or interest of any kind in any telegraph lines or property, or exclusive rights of way upon the lands of said railroad companies, or any of them, and to have all contracts and provisions of contracts set aside and annulled which have been unlawfully and beyond their powers entered into by said railroad or telegraph companies, or any of them, with any other person, company, or corporation. linmishmcuv for re Sec. 5. That any officer or agent of said railroad or telegraph °“"gw°b°yl°w’°t°` companies, or of any company operating the railroads and telegraph lines of said com anies, who shall refuse or fail to operate the telegraph lines of said) railroad or telegraph companies under his control, or which he is engaged in operating, in the manner directed in this act and by the acts to which it is supplementary, or who shall refuse or fail, in such operation and use, to afford and secure to the Government and the public equal facilities, or to secure to each of said connecting telegraph lines equal advantages and facilities in the interchange of business, as herein provided for, without any discrimination whatever for or adverse to the telegraph line of any or either of said connecting companies, or shall refuse to abide by, or perform and carry out within a reasonable time the order or orders of the Interstate Commerce Commission, shall in every such case of refusal or failure be guilty of a misdemeanor, and, on conviction thereof, shall in every such case be fined in a sum not exceeding one thousand dol- ` lars, and may be im risoned not less than six months; and in every Aeuomroramagm. such case of refusalpor failure the party aggrieved may not only cause the officer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an action for the damages sustained thereby against the com any whose officer or agent may be guilty thereof, in the circuit or district court of the United States in any State or Territory in which any portion of the road or telegraph line of said company may be situated; and in case of suit Proves rocess may be served upon any agent of the com any found in such State or Territory, and such service shall be heldp by the court good and sufficient. m¤<>¤¤j=}¤*S»€*¤—·¤<>'>¢ Sec. 6. That it shall be the duty of each and everv one of the aforeed ruth Interstate. . . . . . ~ Commerce cemms said railroad and telegraph companies, within sixty days from and “’°'·· after the passage of this act, to Hle with the Interstate Commerce Commission copies of all contracts and agreements of every description existing between it and every other person or corporation whatsoever in reference to the ownership. possession, maintenance, control, use, or operation of any telegraph lines, or property over or upon its rights of way, and also a report describing with sufficient certainty the telegraph lines and property belonging to it, and the manner in which the same are being then used and operated by it, and the telegraph lines and property upon its right of way in which any other person or corporation claims to have a title or interest, and setting forth the grounds of such claim, and the manner in which the same are being then used and operated; and it shall be the duty of each and every one of said railroad and telegraph companies annually hereafter to R¤x¤>¤»¤· report to the Interstate Commerce Commission, with reasonable fullnessand certainty, the nature, extent, value, and condition of the telegraph lines and property then belonging to it, the gross earnings, and all expenses of maintenance, use, and operation thereof, and its relation and business with all connecting telegraph companies during the receding year, at such time and in such manner as may be required)}? a system of reports which said commission shall prescribe; an if any of said railroad or telegraph companies shall reremimy rm meme. fuse or fail to make such reports or any report as may be called for by said Commission, or refuse to submit its books and records for