Page:United States Statutes at Large Volume 44 Part 1.djvu/1459

 1445 TITLE 4.;.~ Sec. ao. Withholding payments to certain roads. ts?. C0@anles may sue in Court of Claims. ‘ S8. District court to issue xnandamna to compel operation of road. 5:;, Collection; of percentage of net carnlngaduc United States. · . l gm, Settlement of accounts for Army and mail transportation. ul. Settlement of accounts for Navy and Marine Corps transportation. ga; settlement of claims for transportation over nonbond-aided lines. Sul`. Indian goods and supplies. , ` {at. Liens of UnitedStates ; redemption tot prior lncumbruncei. 9; Sinking funds to secure dewt to United States. · Section 81. Union P•ci§c·Railroad.-The books, records, correspondence, and all. other documents of the Union Pacific Railroad Company, shall at all times be open to inspection by me Secretary ofibthe Treasury, or such persons. as he JDK! eotegate for that purpose. The laws of the United States D!'01 eiding for proceedings in bankruptcy shall not beheldto abpi! to said corporation. No dividend shall be made `by saidcompany but from the wtnal net earnings thereof; and no new stock shall be  oYr/mortgaged or pledges ·made on the p;·operty-or futnre  of the company without leave_of Congress, except for the pnrpose of fundingnnd securing debt now existing, or. the renewals thereof. No director or ommr of said road shall be interested, `directly or indirectly, in any contract therewith except for ·his..-lawful` c0nipensati»on`as 'snch omcer., Any director or officer. who Shall pay or declare, or aid in paying or declaring, any dividend, or creatinguny mortgage or pledge prohibited by this section, shall be punished by lmprisonmmt not exceeding two years, and by dne not ..€XG8€di¤:g.$5»&. (K- 8; 5 $@6.). _ i - _ , 82. C&éction~ of other»~road$.-——~Any railroad company incorpornted under any law of the United Statcshor of any State, which has been ‘or` may- be organized. by an Act of Congress, may connect its road with the Union Pacific Railroad, or any of its branches. (R.-8; 1 5257.) o --~” ° - 83. Roads and telegrraphs to he o` rated as continuous line; equal facilities to be aEordedQ——·¥he several companies authorized by the Acts of Congress known as the ‘ P-acidc Railroad Acts to construct railroads are required to operate. and Q use said roads and telegraph for all purposes of communication, travel, and transportation, so far as the public and the Government are concerned, as one- continuous line; and, lt such operation and nee, to afford and "secnre to? each equal advantages and facilitlestas to rates, time, and transportation. without any discrimination of any kind in favor _0f the road or bneinm of any or either of sald companies, or adverse to the- road or bnainem of `any or either of the others, and it shall not he lawful for the proprletoraof any line of teiezraph, authorized \.>y‘»,this aection. or the Act amended hythis section to refuse, or fall to convey for all persons requiring tm trans-‘ mission of news and measages of like character, on pain of forfoiting to the person injured for each offense, the sum of $100, and auch other datum as he may have andered on account of said refusal oa·.i'nil¤1’e, to be sued for and- recovered ln· anyconrt of the United States, or of any State or Terri-- tory of competent jurisdiction; _ _. And any omccr or awt. of the eommnies authorized to conetrnct the aforwald roads, or of any company engaged at oper; ating either of said rmds, who shall rene to operate and nee the road or telaraph under his control, or which he is wgngcd in operating for all pnrpom of communication, travel, . and transportation, eo far aa the pkublic and ’ the Government are concerned, aa one oontinuons line, or shall refuse, in such Gveration and nse, to afford and secnre to each of  rmds equal advantage; and facilities as to rates, time, or trancportation, withont any discrimination of any klnd in favor of,‘ or - adverse to, the rmd or busineaa of any or either of said com- `paniee, shall be  gnilty of a misdemeanor, and, upon conviction, thereof, ehall be daed in any sum not exceeding

—R-$.ILROADS § 86 ‘ $1,000, and may be imprisoned not less than six months. In case of failure or refusal of the Union Pacidc Railroad Com- . pany, lor either of said branches, to comply with the requirements of this section a‘nd·tl1e Acts to which this section is amendatory, the party injured or- the company aggrieved may I bring an action in the district or circuit court of the United States in the Territory, district, or circuit in which any portion of the road of the defendant may be situated, for damages on ` account of such failure or refusal; and, `npon recovery, the _ plaintiff shall be entitled to judgment for treble. the amount _ rot all excess of freight and fares collected by the defendant, r' by such failure or refusal; and for each and every violation ’ of or failure to comply with the requirements of this section, a [ new cause of action shall arise; and in case ot suit. in any such '1‘e1:ritory,` .distrigt,` or circuit, process may be served i upon any agent of the defendant found in the Territory, dis- _ trict, or.clrcuif in ilxich such suit may be brought, and such Q service shall be by the courtheld to be good and sutlicient; t and it is hereby provided that for allthe purposm of said I amended Act, the railway of the Denver Paciilc Railway and V Telegraph- Company shall bedeemed and taken to be a part and extension of the road of the Kansas Pacino Railroad, to the point of junction ‘ thereof with the road of the Union Pacific . -Rai1road· Company at Cheyenne, as provided in the Act oi. March 3, 1869. (July 2, 1864, c. 216, § 15,13 Stat. 362; J one 20, 1874,1:. @31, 18 Stat. 111.) ‘ - 84; `Interstate c¤nmunication.—Every railroad company in the United States, whose road is operated by steam, its successors and assigns, be authorized to CRI!} upon and over its road, boats, bridges, and ferries, all passengers, troops, Governi ment supplies,. mails, freight, and property on their way from any State to another State,  to receive compensation there for, _ and to connectwith- roads of other States so as to form continuous lines for the tranmortation of the same to the •place of destination. But this section 'shallnot affect any stipulation between the Government ot thellnlted States and any railroad company _-for tramsporution _ odares without compenation, nor impair or eneuge. the conditions impowd by the ternis otuxiy Act granting lands to any such cogpany to aid m the construction of its good, nor shall it beconstmed toanthorize any railroad company to bt lld any new road or connection with any " other road without authority from the State *in which such railroad or connection may be proposed. And Congrm xnay at any time silteryamend, or repeal this mction. - (R. S. $_ 5258.) . 85, Compensation of directors appointed by the United St•te•.é-—Whwever, in any grant of land or other subsidies to railroads or other corporations, the United States haslrwerved the right, or shall rwerve it, to appoint directors, engineers, commissioners, or other agents to exmine the roads, or act in conjunction  other omcexjs of such company or companies . all the costa, charges, and pay of such directors, engineers, commissioners, or agents shall be paid by the rmective companies. Such directors, enginwrs, commissioners, or agents shall be paid for such   the sm of $10 perday, for each and every day actually and necessarily employed, and"10 cents per mile for each and every mile actually and necessarily traveled, in discharging the duties required of them, which per diem and nznlleage shall M in full compensation for such services. In case any company `shall‘refuse_or neglect to make such payments, no more patentstor lands or other subsidies shall be issued to such company anti! these reqnirements are complied Ewith. _(R. S._§ 5259.) _· — j, l V _ _ ° 86. 'Withh&g payments to certain railroads.-——'l‘l1e secretary of the Treasury isklirected to withhold all `payments to ln! railroad companyand its assigns, on account of freights or t1`8l1g})Olft8_tl0H over their respective roads of any kind, to the amount. of payments made by the United States for interest
 * for treble amount of damages sustained by the plaintm