naval, and other Government services, and also subject to such regulations as Congress may impose, restricting the charge for such Government transportation, having claims against the United States for transportation of Indian goods and supplies over such aided railroads, shall be paid out of the moneys appropriated for such purpose only on the basis of such rate for the transportation of such Indian goods and supplies as the Secretary of the Interior shall deem just and reasonable under the provisions set forth herein, such rate not to exceed fifty per centum of the compensation for such Government transportation as shall at that time be charged to and paid by private parties to any such company for like and similar transportation; and the amount so fixed to be paid shall be accepted as in full for all demands for such service. (35 Stat. 73.)

These were provisos annexed to an appropriation for goods and supplies for the Indian service in the Indian appropriation act for the fiscal year 1909, cited above.

§ 10068. (R. S. § 5261.) Companies may sue in Court of Claims. Any such company may bring suit in the Court of Claims to recover the price of such freight and transportation, and in such suit the right of such company to recover the same upon the law and the facts of the case shall be determined, and also the rights of the United States upon the merits of all the points presented by it in answer thereto by them; and either party to such suit may appeal to the Supreme Court; and both said courts shall give such cause or causes precedence of all other business.

Act March 3, 1873, c. 226, § 2, 17 Stat. 508.

The words at the beginning of this section, "Any such company," refer to the railroad companies from whom payments for freight and transportation were directed to be withheld by the preceding section of the Revised Statutes, R. S. § 5260, ante, § 10060. See notes to that section.

§ 10069. (R. S. § 5262.) Circuit court to issue mandamus, etc. The proper [circuit] court of the United States shall have jurisdiction to hear and determine all cases of mandamus to compel said Union Pacific Railroad Company to operate its road as required. by law.

Act March 3, 1873, c. 226, § 4, 17 Stat. 509.

The word "circuit," inclosed in brackets in this section, was superseded by the abolition of the circuit courts and the transfer of their jurisdiction to the district courts, by Jud. Code, §§ 289-291, ante, §§ 1266-1268.

§ 10070. (Act March 3, 1887, c. 345, § 4.) Protection of liens of United States; redemption of mortgages, etc.

Whenever, in the opinion of the President, it shall be deemed necessary to the protection of the interests and the preservation of the security of the United States in respect of its lien, mortgage, or other interest in any of the property of any or all of the several companies upon which a lien, mortgage, or other incumbrance paramount to the right, title, or interest of the United States. for the same property, or any part of the same, may exist and be then lawfully liable to be enforced, the Secretary of the Treasury shall, under the direction of the President, redeem or otherwise clear off such paramount lien, mortgage, or other incumbrance by paying the

sums lawfully due in respect thereof out of the Treasury; and the United States shall thereupon become and be subrogated to all rights and securities theretofore pertaining to the debt, mortgage, lien, or other incumbrance in respect of which such payment shall have been made. It shall be the duty of the Attorney-General, under the direction of the President, to take all such steps and proceedings, in the courts and otherwise, as shall be needful to redeem such lien, mortgage, or other incumbrance, and to protect and defend the rights and interests of the United States in respect of the matters in this section mentioned, and to take steps to foreclose any mortgages or liens of the United States on any such railroad property. (24 Stat. 491.)

This section and the section next following were part of Act March 3, 1887, c. 345, cited above, entitled "An act authorizing an investigation of the books, accounts, and methods of railroads which have received aid from the United States, and for other purposes."

The preceding sections of the act, sections 1-3 thereof, authorized the appointment of a commission to investigate the books, etc., of bond-aided railroads, and are omitted as temporary and executed.

Previous provisions for protection of liens of the United States on property of certain bond-aided railroad companies, and for enforcement of the rights of the United States against said companies, made by Act May 7, 1878, c. 96, §§ 9, 10, 20 Stat. 60, are omitted as temporary and executed.

§ 10071. (Act March 3, 1887, c. 345, § 5.) Investment of sinkingfunds for security of indebtedness to United States.

The sinking-funds which are or may be held in the Treasury for the security of the indebtedness of either or all of said railroad companies may, in addition to the investments now authorized by law, be invested in any bonds of the United States heretofore issued for the benefit of either or all of said companies, or in any of the first-mortgage bonds of either of said companies which have been issued under the authority of any law of the United States and secured by mortgages of their roads and franchises, which by any law of the United States have been made prior and paramount to the mortgage, lien, or other security of the United States in respect of its advances to either of said companies as provided by law. (24 Stat. 492.)

See notes to preceding section.

Previous provisions for a sinking fund for the payment of debts due from the Union Pacific Railroad Company and other companies, made by Act May 7, 1878, c. 96, 20 Stat. 58, are omitted as temporary and executed.

(4637)

10084. Violation of act; punishment; action for damages.

10085. Contracts to be filed with Interstate Commerce Commission; reports; failure to make, penalty.

10086. Reservation of power to alter, amend, or repeal act; power of United States to fix rates and purchase lines not affected. SUBMARINE CABLES

10087. Willful injury, etc., punishable. 10088. Negligent injury, etc., punishable.

10089. Injury, etc., in efforts to save life.

Sec.
10090. Vessels engaged in laying cable;
signals; avoidance of buoys
marking position of cable in
course of construction.
10091. Fishing vessels; duty to keep
nets, etc., from cables.
10092. Duties of commanders of war
ships.

10093. Offending vessels to show na-
tionality.

10094. Penalties provided not to bar suits for damages.

10095. Master of offending vessel punishable.

10096. Definitions.

10097. Summary trials.

10098. Application of act.

10099. Jurisdiction and venue of offenses.

RADIOTELEGRAPHS

10100. License for operation of radiotelegraph.

10101. Form of license; persons entitled to.

10102. Operators, license or temporary permits; punishment for employment of unlicensed oper

ators.

10103. Regulations; penalty for violations; temporary licenses for experiments, etc., naval and military stations.

10104. Willful or malicious interference with radio communication; punishment for.

10105. Radio communication, defined. 10106. Uttering or transmitting false or fraudulent signals, etc.; punishment for.

10107. Restriction of use on foreign
ships.

10108. Jurisdiction of offenses.
10109. Inapplicability to the Philippine
Islands.

§ 10072. (R. S. § 5263.) Use of public domain, etc.

Any telegraph company now organized, or which may hereafter be organized, under the laws of any State, shall have the right to construct, maintain, and operate lines of telegraph through and over any portion of the public domain of the United States, over and

along any of the military or post roads of the United States which have been or may hereafter be declared such by law, and over, under, or across the navigable streams or waters of the United States; but such lines of telegraph shall be so constructed and maintained as not to obstruct the navigation of such streams and waters, or interfere with the ordinary travel on such military or post roads.

Act July 24, 1866, c. 230, § 1, 14 Stat. 221.

Subsidized railroad and telegraph companies were required to construct and operate telegraph lines by Act Aug. 7, 1888, c. 772, § 1, post, § 10080.

Provisions regulating radiotelegraphs were made by Act Aug. 13, 1912, c. 287, post, §§ 10100-10109.

Provisions relating to the protection of submarine cables were made by Act Feb. 29, 1888, c. 17, post, §§ 10087-10099.

The preservation of the liens of the United States upon the property of tel egraph lines constructed and operated by subsidized railroad and telegraph companies was provided for by Act Aug. 7, 1888, c. 772, § 4, post, § 10083.

§ 10073. (R. S. § 5264.) Use of materials from public lands.

Any telegraph company organized under the laws of any State shall have the right to take and use from the public lands through which its lines of telegraph may pass, the necessary stone, timber, and other materials for its posts, piers, stations, and other needful uses in the construction, maintenance, and operation of its lines of telegraph, and may pre-empt and use such portion of the unoccupied public lands subject to pre-emption through which their lines of telegraph may be located as may be necessary for their stations, not exceeding forty acres for each station; but such stations shall not be within fifteen miles of each other.

Act July 24, 1866, c. 230, § 1, 14 Stat. 221.

§ 10074. (R. S. § 5265.) These rights not transferable.

The rights and privileges granted under the provisions of the act of July twenty-four, eighteen hundred and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or under this Title, shall not be transferred by any company acting thereunder to any other corporation, association, or person.

Act July 24, 1866, c. 230, § 3, 14 Stat. 221.

Act July 24, 1866, c. 230, mentioned in this section, was the act cited above, and its provisions constituted the larger part of this Title of the Revised Statutes.

§ 10075. (R. S. § 5266.) Government to have priority in transmission of messages.

Telegrams between the several Departments of the Government and their officers and agents, in their transmission over the lines of any telegraph company to which has been given the right of 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 fix. And no part of any appropriation for the several Departments of the Government shall be paid to any company which

neglects or refuses to transmit such telegrams in accordance with the provisions of this section.

Act July 24, 1866, c. 230, § 2, 14 Stat. 221. Act June 8, 1872, c. 335, § 17, 17 Stat. 287. Act June 10, 1872, c. 415, § 1, 17 Stat. 366, 367.

The power of the l'ostmaster-General to fix rates as provided by this section was not affected or impaired in any way by the provisions of Act Aug. 7, 1888, c. 772, § 7, post, § 10086.

§ 10076. (R. S. § 5267.) Government entitled to purchase lines. The United States may, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects of any or all companies acting under the provisions of the act of July twentyfourth, eighteen hundred and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or under this Title, at an appraised value, to be ascertained by five competent, disinterested persons, two of whom shall be selected by the Postmaster-General of the United States, two by the company interested, and one by the four so previously selected.

Act July 24, 1866, c. 230, § 3, 14 Stat. 221.

The power of the United States to purchase telegraph lines as provided by this section was not affected or impaired in any way by the provisions of Act Aug. 7, 1888, c. 772, § 7, post, § 10086.

See note to R. S. § 5265, ante, § 10074.

§ 10077. (R. S. § 5268.) Acceptance of obligation to be filed. Before any telegraph company shall exercise any of the powers or privileges conferred by law such company shall file their written. acceptance with the Postmaster-General of the restrictions and obligations required by law.

Act July 24, 1866, c. 230, & 4, 14 Stat. 222.

Any telegraph company which accepted the provisions of this Title of the Revised Statutes was entitled to connections with other telegraph lines owned and operated by subsidized railroad and telegraph companies, by Act Aug. 7, 1888, c. 772, § 2, post, § 10081.

§ 10078. (Act June 23, 1879, c. 35, § 1.) Transmission of telegrams by railroads having telegraph lines.

Telegrams are authorized to be transmitted by railroad companies which may have telegraph lines, and which shall file their written acceptance of the restrictions and obligations imposed on telegraph companies by title sixty-five of the Revised Statutes, for the government and for the general public, at rates to be fixed by the government, according to the provisions of title sixty-five of the Revised Statutes.

Act June 23, 1879, c. 35, § 1, 21 Stat. 31.

This was a provision of the Army appropriation act for the fiscal year 1880. § 10079. (R. S. § 5269, as amended, Act Feb. 27, 1877, c. 69, § 1.) Penalty for refusal to transmit dispatches.

Whenever any telegraph company, after having filed its written acceptance with the Postmaster-General of the restrictions and obligations required by the act approved July twenty-fourth, eighteen hundred and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the