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unqualified, a street railway.94 Nor is an electric car run by electricity alone and controlled by a motorman a "locomotive engine" or a "train upon a railway" within a similar statute.95

94 McLeod v. Chicago & Northwestern Ry. Co., 125 Iowa, 270, 101 N. W. 77; Code Iowa, § 2071.

95 Indianapolis & G. Rapid Transit Co. v. Andis, 33 Ind. App. 625, 72 N. E. 145; Employers' Liability Act, 1893, p. 295, c. 130, § 1; Burns Annot. St., 1901, § 7083. The 72

court, per Robinson, J., states that the Legislature has concluded, as indicated by the language of the statutes, that the general term, 'railroad" does not include "electric roads," "interurban street railroads " or "suburban street rail

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§ 29. Constitutional and legislative control of United States -Generally. As we have stated elsewhere,1 the Constitution and constitutional laws of the United States are the supreme law of the land.2 Every part of the territory under the jurisdiction of the Government of the United States is, irrespective of State lines, subject to its operation and within its protec1 Chap. XI, herein.

2 Const. U. S., art. 6, par. 2; Pensacola Teleg. Co. v. Western Un. Teleg. Co., 96 U. S. 18, 24 L. Ed.

708, 1 Am. Elec. Cas. 253, per Mr. Chief Justice Waite. See also quotations in Obiter Dicta Digest of U. S. Sup. Ct. Rep., Vol. 1, p. 399.

tion, provided its acts are within the scope of its powers, and in so far as National rights are concerned, which belong to all, no part of the country can encroach upon another. Within this doctrine no State can, by legislation, exclude all commercial intercourse by telegraph between its citizens and those of other States, where the power to control and regulate interstate commerce is vested in Congress."

§ 30. Acts of Congress in aid of telegraph companies.— "From the beginning it seems to have been assumed that Congress might aid in developing the system; for the first telegraph line of any considerable extent ever erected, was built between Washington and Baltimore, only a little more than thirty years ago, with money appropriated by Congress for that purpose; 4 and large donations of land and money have since been made to aid in the construction of other lines." 5 The acts last referred to were what are generally known as the Pacific Railroad Acts, and the act of incorporation of the Atlantic and Pacific Railroad Company. Subsequently an

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other statute was passed providing, in substance, that all railroad and telegraph companies to which the United States had granted any subsidy in lands or bonds or loan of credit for the construction of either railroad or telegraph lines, and which, by the acts of incorporation or amendatory or supplementary acts, were required to construct, maintain or operate telegraph lines, should thereafter, by and through their own respective corporate officers and employees, maintain and operate for railroad, governmental, commercial and all other purposes, tele

3 Pensacola Teleg. Co. v. Western Un. Teleg. Co., 96 U. S. 1, 24 L. Ed. 708, 1 Am. Elec. Cas. 253, per Mr. Chief Justice Waite. See §§ 65-67, herein, as to hostile legislation.

4 Citing 5 Stat. 618.

Pensacola Teleg. Co. v. Western Un. Teleg. Co., 96 U. S. 1, 24 L. Ed. 708, 1 Am. Elec. Cas. 254, per Mr. Chief Justice Waite, citing 12 U. S. Stat. 489, 772; 13 id. 356; 14 id. 292.

6 Act of Congress, July 1, 1862, c. 120, 12 Stat. 489, and the Act of July 2, 1864, c. 216, 13 Stat. 356, and other acts amendatory of the Act of 1862.

7 Act of Congress, July 27, 1866, 14 Stat. 292, an act granting lands to aid in the construction of a railroad and telegraph lines from the States of Missouri and Arkansas to the Pacific coast."

graph lines and exercise by themselves alone all the telegraphic franchises conferred upon them and obligations assumed by them under the franchises granted. Said statute further provided for connection with said lines by telegraph companies, which had accepted the provisions of Title LXV, Telegraphs, of the Revised Statutes; also against discrimination; for application for relief, in case of refusal to make or continue arrangements for interchange of business, to the Interstate Commerce Commission, whose duties were specified - also for the security and preservation to the United States of the full benefit of its liens upon the railroad telegraph lines; also against unlawful interference with the rights and equities of the United States in the premises, and for proceedings by the Attorney-General therefor. Power was reserved to add to, alter or amend the act.8 The Union Pacific Railroad Company was formed by the consolidation, under authority of the Pacific Railroad Acts above noted, of several companies. The Atlantic and Pacific Railroad Company was authorized by its act of incorporation to lay out, locate and construct, furnish, maintain and enjoy a continuous railroad and telegraph line with the appurtenances. The company was also declared to be a post route and military road.10 The questions of the effect of discrimination by both said above-mentioned corporations, against telegraph companies, claiming under the Post Roads Act hereinafter noted; the construction of said acts and the right of said companies to make exclusive contracts, were ably and exhaustively considered by the Supreme and Circuit

8 Act of August 7, 1888, c. 772, 25 Stat. 382. See the Pensacola case cited in last note; also the Union Pacific case cited in next two sections.

9"The Union Pacific Railroad Company, incorporated by the Act of July 1, 1862, the Kansas Pacific Railway Company, formerly known as the Union Pacific Railway Company, Eastern Division, which latter company succeeded to the rights and powers of the Leavenworth, Pawnee and Western Railroad Company, a Kansas corporation that ac

cepted the aid provided by the Act of July 1, 1862, and the Denver Pacific Railway and Telegraph Company, a corporation of Colorado." See United States v. Union Pac. Ry. Co., and Western Un. Teleg. Co., 160 U. S. 1, 6 Am. Elec. Cas. 699, 16 Sup. Ct. 190, 40 L. Ed. 319, per Mr. Justice Harlan; United States v. Western Un. Teleg. Co., and Union Pacific Ry. Co., 160 U. S. 53, 58, 16 Sup. Ct. 210, 40 L. Ed. 337, per Mr. Justice Harlan.

10 Act of July 27, 1866, 14 Stat. 292.

Courts of the United States, and decided against exclusive contracts, and in favor of the telegraph companies claiming under the Post Roads Act.11

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§ 31. Subsidy acts continued Reserved power as to telegraph lines The Union Pacific case. As is said by Mr. Jus tice Harlan, in this case,12 the title of the act creating the Union Pacific railroad, “indicated that the subsidy granted was to aid in the construction of both a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military and other purposes." This is clearly the import throughout, of the statute, not only as to the Union Pacific railroad, but also as to the other railroads mentioned therein, and in the Amendatory Act of 1864. It was further provided, that all of said railroad companies, or any two or more of them, might consolidate into one company, which might proceed thereafter "to construct said railroad and branches and telegraph line upon the terms and conditions provided in this act." Subsequently an act of Congress was passed, 13 by which an addition was made to the Act of 1862,14 whereby the several companies were required, under penalty, to operate and use their roads and telegraph for all purposes of communication, travel or transportation, so far as the public and Government were concerned, as one connected, continuous line, without discrimination against other companies or against persons requiring the transmission of news and messages. As we have noted in the preceding section, the Union Pacific was formed by the con

11 United States v. Union Pacific Ry. Co., and Western Un. Teleg. Co., 160 U. S. 1, 16 Sup. Ct. 190, 40 L. Ed. 319, 6 Am. Elec. Cas. 697, 699. See Union Pac. Ry. v. United States, 19 U. S. App. 531; Union Pac. Ry. v. United States, 59 Fed. 813; United States V. Western Union Teleg. Co., 50 Fed. 28; Mercantile Trust Co. v. Atlantic & Pacific R. R. Co., 63 Fed. 513, 910, 5 Am. Elec. Cas. 207, 214. These cases wil be con

sidered hereafter in this chapter. See Exclusive Contract.

12 United States v. Union Pacific Ry. Co., and Western Un. Teleg. Co., 160 U. S. 1, 16 Sup. Ct. 190, 40 L. Ed. 319, 6 Am. Elec. Cas. 697, 718, case reverses 19 U. S. App. 531, 59 Fed. 813, affg. 50 Fed. 28.

13 June 20, 1874, 18 Stat. 111, c. 331.

14 To section 15 of said Act of July 1, 1862, 12 Stat. 489, 496, c. 120.

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