Page:United States Statutes at Large Volume 44 Part 1.djvu/1564

 §" 1 1_ TITLE mil-eTELEGRAPHs, _TELE'P1 11. Powers ef. Interstate Commerce Commission.--If_ any. railroad or telegraph company referred to in section 9 of this title, or coinpanyoperating such rallrondor telegraph line shall refuse or ·fail,_ in whole or in wrt, to maintain, and_operi1te'a telegraph line as'provided_ herein, for the —.use of the -G0~vernment or the public, for commercial and other purposes, without discrimination, or shall: refuse or fall to make or continue such arrangements for the interchange of businesswvith any connecting telegraph conipany; then any person, company, corporation, or connecting telegraph company may .—app1y for relief to the Interstate Commerce Commléion; whose dutylt shall thereupon he, under such rules and regulations asm said.- commission may prescriw, to ascertain the facts,-andkletermine and order what arrangement is proper to be made ·irr· the·.pa_rticular case, and the railroad or telegraph company concerned shall abide by and perform such order; and if shall be theduty `of the Interstate Commerce Gornniission; when such determination and order are made, to notify the parties concerned, and, if necessary, enforce the same by writ of mandamus in the courts of the United ` States, in- the name of the- United States, or the relation ot either of said interstate commerce commissioners. The com-‘_ missioners may institute any inquiry, upon their own motion, in the same manner and to the same effect as though complaint - had been made. (Aug.` 7, 1888, c. 772, _§ 3, 25 Stat. 383.) ‘. 12. Interference with liens of United, States.—·—In order- to secure and preserve to the United States the full value and benefit. of its liens upon all the. telegraphlines required to be constructed by and lawfully belonging to. railroad and Else · graph companies referred to in section. Q of this title, and to ` have the same possessed, used, and operated in conformity with- sections 9 to 15 of this title, it is hereby madethe duty` ef the Attorney General `of the_United States, by proper proceedings, toprevent any unlawful interference vviththe. rights and equities of the United States `under all acts of Congress relntingeto euensminrosas and telegraph lines, and to have Iegnllyascertained and iiually adjudicated all alleged rights ot e11·`persons and corporations whatever 'claiming in any manner any control or_interest" of anykind in any telegraph lines or property, or exclusive rights of way upon the lands of. said railroad companies, or' any of them, ang Ito have all contracts and provisions of contracts se_t aside‘ and annulled which have been unlawfully and beyondtheir powers entered into by said railroad or telegraph companies, or any of them, with any other person, company,. or _ corporation. '·-(Aug. 7, 1888, c. 772, 5 4, 25 Stat. 383.) - v · 2, l _ 13. Violations; punishment; action · for §jdamsges.—·-¥Any omni cer or agent of said railroad or telegraph connpunies,  of any company operating the railroads and telegraph lines of said companies, 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 herein directed, or who shall `refuse or fail, ln. such operation and ruse, 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; ,,c,c   to `the telegraph line of any or either of sald,_gb;nnectin`§Y companim, 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 or refusal or failure be guilty of a misdemeanor, and, on eonviction thereof, shall in every such case be dned in a sum of not exceeding $1-,000, and mayo be imprisoned not las than six months; and in every such case of refusal or failure the party aggrieved may not. only cause `the‘ omcer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an axon for

HONES, AND RAQIOZ'ELEGR}1PHS 1550 the damages sustained · thoreby._agnhist· the company whose 1 officer -0r ngent may beguilty thereof, in the district 'court .- of, the United Staten ln any State or Territory in which any, portion ofi the road or, telegraph line of said company may he situated; and in case of suit process may be served upon sinv ‘ agent of the company found rin such State or Territory, and ’ Q such. service shall be held by the court good and sndicient. ‘ .‘(Aug. 7, 1888, c. 772, S 5, 25 Stat. 384; Mar.‘3, 1911, c. 231, 5289, 36 Stat..1167.). ~ - - l' -..- — v 14. Contracts filed with Interstate Commerce Commission'; u reports; failure to _· make.——It shall be the dutyjot each and every one of the aforesaid railroad and telegraph companies annually to report to the Interstate- Commerce Commission, with reasonable fullness and certainty, the `natune,. extent, value, and condition of the telegraph lines and property then belonging to it, the gross earnings, nndnll expenses of mum. tennnce, use, and operation thereof, and its relation and business jvltlr all qonnecting telegraph companion durlrig the preeed- ` ing year, at such- time and in such mannerbas mayybe required .-by a_ system of reports which said commission shall prescribe;. 'nnd if any of said rallroad or telegraph eompnnlcashall re-. fuse or fail to make snch reports or any report .as may be called for by said commission, or refuse. to snbnxitj its books and records for inspection, such neglect or refusal shall operexe, as an forfeiture, in each case of auch neglect or refusal, _of a 'sum_ not 1ess{·then.$1.000 l101'=IBO¥'€ than $5.000,-to be reéovered by· the Attorney General of the United States, in the name and for the use and benetlt of the United States; and . it shall be {the duty of the Interstate commerce Commission to. inform ithe 'Attorney_ General of nll_ such cases of neglect or refuge!. whose duty it shall be to proceed at once to judicially enforoefthe forfeitures herelnbefore provided. (An} 7. 1888. ex. ·7'(2, §_6, 25 Stat. 384.)· -‘ " ~* ‘ I . · 15. Reservation of power »-to alter,·`amend,. or repeal act; povéer to fix rates and purchase lines.——Nothing in this section and sections 9 .to 14 of thlg title bball be const-med  affect ‘ or impair the. right of Congress; at any tinie, to alter, amend. or repeal sections r to 6 and 8 of this title; and sections 9 to 15 · ehall be subject to alteration, amendment, or repeal as, in the ‘ opinion of C0ngress,'justice or the public welfare may require: and nothing herein contained shall be held to_ deny. exclude. or impair- any right or remedy in the premises existing on August 7, 1888, in the United States, or any authority that the Postmaster General on August 7, 1888, had _ under sections .1· to 6, and 8 to tlx rates, or, of the Government, to purchase lines as` provided under said sections, or to have its me  given precedence in transmission} (Ang. 7, 1888, ci. 772, 5 7, 25 Stat, t `. - _ ·' . > Q I Chapter 2~.é-SUBMARINE CABLES. · Sec. ‘ ~. 21. Submarine cableapwllltul injury to; punishment. ,_ .22,.. Sam ;` neglixeut injury xo;} punishment. . -23. Samoa injury lnqetorts to save llfe. excepted. 24. Veqsels laying cables ;. signals; avoidance; ot bnoys. 25. Fishing vessels: duty to keep net; from cables. 2d. Duties otcommandera ot warshibax _ 27. Oltending vessels to show nationality. ( 28. Penalties not to bar suits for damages. 29. Master of oEendlng vessel punishable. 30. Dodnltions. ’ » _ 81. ·8ummnry trials. · 32. Application. - . 33. Jurisdiction and venue of otenses. 34. Licenses for landing or operating cables connecting United States with foreign country; necessity for. . · · 35. Same: withholding or revoking by President; terms` nnd condi- _ ·tions ot licensee. . J _ 36. Sams.; preventlg;g..1an‘dlng_ or operatingot cables. _ 37. Sams: violations; punishment. 38. Same; definitions. ·‘ .. - 39. Sams; amendment, modihcation, etc., ot rights granted. -_