Page:United States Statutes at Large Volume 44 Part 1.djvu/1563

 1549 l “TITLE {7.-—TELEGRAPHS, TELEP1 TITLE 47.-TELEGRAPHS, TELEP1 ¤-° Chaptcl _ V. . —·` 5%- I L qggmupas .-...,L..-, .;  ;.. . _ 1 2.`Suunnu~m cams ...---... c. .L--;---. --.;...,.4. 21 (jh“Q¢e;·` 1.-—’1‘EI4EGRl\PHS. _ 1 1. Use of pnhlic domain. _ ;_ { -2. Use ottmaterlnls com public land;. »~  ‘ g ” g_ gqygrnmut priority ln transmission ot messages.  4.P¤Nh\”`°t_u*”·._ _‘· _ · 1 ~5. Acceptanceet obligation to be.¤led._ p 6__n1ghta nettransterablc. _ · _ _ __ _] Q; Transmiegion of tclcpema by railroads. l 3. Refusal to tr•¤!¤¤lt dl@t¢¤¢I·` _ . » 1 . { 9. Subsidized cmpinles required to construct and operate lines; p 10. Equal taclllttea to connecting ‘llne•_:_discr1mination ln rates. ·  11. Powers of Interstate Commerce Comxnlssion. ‘ ‘ i 12. .Intertercnce'with liens of United Stats. . ‘ } 13. Violations; `paintalunent: action for damages. _, _- .  14. Contracts am with Interstate Coxnmercc Commission: reports; y "t*uu:!`€t°m‘k°• ._ .`   _. .;·r 1c. Reservation. or power to alter, amend, or repeal law; power to ilx  · ‘ rates andpurcharae llncc, _ · -_. _‘ _ \ p Section 1{Usc of puhlici domain,4—Any telegraph conipany l organlged, under the large of any State, shall have the right to construct, maintain, and operate »linee,ot telegraph through p and over any. portion of the public domain of the United Statesw over and along any ot the military or post roads ot the United States which have been or may hereafter be_ declared such by Q law, and over, under, or· acrws the navigable étreams or watersf of the United States; but such lines of telegraph shall be so ` constructed and maintained an not to obstruct the navigation oi such ; strains and waters, or interfere with the ordinary travel on snch military orpostzroada. .(B. S; { 5263.)Z ‘ ` 2, Use of qatcrials from public lands,-Q4-Any telegraph com; puny organized under the laws of any Sldte shall have the right to tnke and use from the public lands through which its t _ lines ot telegraph may pass, the necessary stone, timber, and other materlals for its posts, piers, stations, and other needful `uses ·ln‘ the construction, maintenance, and operation of its linm ot telegraph, and may preempt and use such portion _0t the unoccupied public lands subject to preemption through which their lines of telegraph may be located as may be necessary for ¤tb,el£ntiona, not eziceedlng forty acres for each station; but su` tations shall not be within lltteen miles ot eachother. ,(R. S. ‘§ 5264) ~  l · ’. ~ 3. Government priority in transmission of messages.-—·'.l‘e1e¥ lzrams between the sereral departments of the Government and their omcers and agents, ln their transmission over the linen 0f any telegraph company ‘to` which has been given the right ot way, timber; or station lands · from. the public domain — shall have priority over all other business, at ·such rates as the Postmaster General 'shall annually ·¤x._’ And no part *01* any appropriation for the "several departments of the Government ~»sl§1l be paid to any company which Qxeglmts. or refuses to tr usmit_ ench·_te1egf·ams in accordance with the provisions ot this section. _ (R. S. Q 5266.) . ‘ ` 4. Purchase of lineaJ·—g·Tl1e United States may, for postal, military, or other purposes, purchase all the teleiraph Property, and etecte of any or all companies acting under the provisions l of Iectione 1 to 6 of this title, at an appraised yalue. to be eseertalned by dye competent, disinterested per= sons, two ot whom shall be selected by the Podmaster General _ ot the United States, two by the company lnterwtedg and one by thefour no prevlonaly selected., (R. S. Q 5267.) ‘   ·Y _ .. 5. Acceptance of obligation to be ilcd.-e-Before any telegraph company shall exercise ‘ any ot the powers or privileges conferred by law such company shall ille their written acceptance o

IQNES, AND RADIOTELEGRAPHS  1-10 5 c .·. BONES, AND RADIOTELEGRAPHS Chagter  v ‘ seq, l 3. RADIOTHQGRAPHS ____________ _,_; __..._,_________,___.. 51 with the Postinaster General of the restrictions and oblige.- _ tions " required by law. ·(R. S. § 5268.) _ _ . I 6. Q Rights not "trans`ferable.-—The -· rights and privileges Q granted under the provisions of sections 1 to 5 ot this title ` shall not be transferred by any company acting thereunder to and other corporation, association, or person, ·(.R. S. $-5265.) W .. 7; Trimsmission of tefegrhms by railroad s.—Telegr·ams are antl1orlzed’ to be, transmitted by railroad eornpanles which may have ‘ telegraph. lines, `and which shall me their `written — acceptance of the restrictions and obligations imposed on telegraph companies; by sections 1 to ·6i‘and 8 of thistitle, for the " Government and for the general public, at rates. to- be Hxed by the Government, according to the provisions ot sections 1 to 6 and·8 of this title. · (June. 23, 1879,*c; 35, § 1, 21 Stat. 31.) 8.· Refusal to transmit dispatches;¥·Whenever any telegraph company, after .. having illed its written acceptance with the ,Postmaster· General ot the restrictions and obligations required by this section and sections 11:08 of this title, shall, by its _&s¢¤¢¤ or Y9mD10Y€€B»—¥€f\lS€_ or neglect; to transmit any such telegraphic; coxnmunications as are provided for by law, sueh telegraph companyshall bel liable to a penalty ot not less than .3100. and [not more than $1,000 for each such refusal or neg; lect,· to be recoiered by an action or actions at law_ in any district court of the. United States. (R. .8. i 5%; Feb. 27, 1871; c; 69; § 1, `19 Stat. 252.)_° _ - l _ _. ‘ 9. Subsidized companies required to construct and operate lines.-;-All rail road and telegraph companies to which the , United States has granted anyi snbsidy in lands or bonds- or loan of credit for the ·c`onstruction of either railroad or .telegraph lines, which, by the acts inc01‘D0¥‘5ting them., or by any act amendatory or s upplementary thereto, are required to con- .· struct, maintain, or operate p telegraph lines, and all companies engaged in operating said railroad. or telegraph lines shall,. by and through-, their own_ respective corporate officers and em-‘ ployees, maintain, and operate, for railroad, governrnental,_ commercial, and all other `purposes,·`_telegrai>h lines, and exercise -by_thernse1ves alone all the telegraph tranchises conferred upon ; `them and obligations assumed by them under the acts making the grants asaioresaid. `(Aug. fl',·[1888, c. 772,} 1,25 Stat. 382.) · 10; Equal facmtlen- to cennecting` lines; discrimination in a ratesQ—~Whenever` any telegraph company which- shall have. ac- - cepted the provisions of sections 1: to Gaand 8 ot this title shall extend its line is any station or omce of a telegraph line belonging to any one ot said railroad or telegraph companies, referred to in section 9· ot this title, said telegraph company so extend-· ing its line shall ~ha+e_the right and said railroad or telegraplr `company shall allow the line ot said telearapbcompany so extendlnglts line to connect with the telmaph line of said railroad or telegraph company to yvhich lt is extended at the place. where their lines may meet, for the prompt and convenient interchange of telegraph business between said companies; and such railroad and telegraph companies, referred to in section 9 ot this title, shall so operate their respeetlve telegraph lines as _ { to atford equalfacilities to all.- yvlthout discrimination in favor of or against any person, compa.ny, or corporation awhatever, shall receive, deliver, and exchange business with conneetr lng telegraph lines onequal terms, and aiordlng equal faculties, and without discrimination for or against any one or such connecting .—lines ;‘ and snch exchange or business shall; be on terms Just and adultable. (Aug. 7, 1888,1:. 772,1 2, 25 Statl 883.)