§ 37c. Other federal statutes.- In addition to the statutes considered under the preceding sections, Congress has passed laws relating to rights of way; electric power plants; private messages over telephone lines controlled by the treasury department; the use of electricity by private persons in Yellowstone Park; a telephone system in Hawaii; the inspection of and telegraph and telephone line or lines into, in, or through the Indian Territory, together with the right to take and condemn lands for right of way, depot grounds, terminals, and other railway purposes, in or through any lands held by any Indian tribe or nation, person, individual, or municipality in said Territory, or in, or through any lands in said Territory, which have been or may hereafter be allotted in severalty to any individual Indian or other person under any law or treaty, whether the same have or have not been conveyed to the allottee, with full power of alienation, is hereby granted to any railroad company organized under the laws of the United States, or of any State or Territory, which shall comply with this Act." U. S. Comp. Stat. Supp. 1905, p. 371, Act Feb. 28, 1902, c. 134, § 13, 32 Stat. at L., p. 47. Condemnation of right of way through Indian Territory by railway and telegraph or telephone lines, see U. S. Comp. Stat. Supp. 1905, p. 374, Act Feb. 28, 1902, c. 134, § 17, 32 Stat. at L., p. 49. Regulation of charges on telegraph and telephone lines.- Under the United States statutes for grants of a general right of way to railroads through Indian Territory it is provided that "The grants herein are made upon the condition that Congress reserves the right to regulate the charges for freight and passengers on such railways and messages on all telegraph and telephone lines until a State government or governments shall exist in said Territory within the limits of which any railway shall be located." U. S. Comp. Stat. Supp. 1905, p. 373, Act Feb. 28, 1902, c. 134, § 16, 32 Stat. at L., pp. 48, 49. Electric power - Grant of rights of way is given by the United States statutes for dams across non-navigable streams in Indian Territory to light or power companies doing business within its limits in compliance with laws of United States for the purpose of obtaining power to manufacture and generate electric or other power, light and heat, and to utilize, transmit and distribute the same for its own use or other individuals or corporations, and the right of locating, constructing, owning, operating, equipping, using, and maintaining the necessary pole lines, and conduits for the purpose of transmitting and distributing such power, light, and heat, to other places within the limits of said Indian Territory." Such statutes also provide for proceedings to acquire lands, as to municipal control, and as to future control of granted rights. Act April 26, 1906, c. 1876, § 25, Stat. 1905-1906, Part 1, pp. 146, 147. motor vessels; and certain regulations concerning the District of Columbia.40 40 See § 81a, herein. Public lands, right of way extended to electric power companies. -Act of Jany. 21, 1895, 27 Stat. at L., p. 635, amended by adding thereto "Sec. 2. That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of right of way to extent of twenty-five feet, together with the use of necessary ground, not exceeding forty acres, upon the public lands and forest reservations of the United States, by any citizen or association of citizens of the United States, for the purposes of generating, manufacturing or distributing electric power." Act May 14, 1896, c. 179, 29 Stat. at L., p. 120, U. S. Comp. Stat. 1901, p. 1573. Right of Way for Telegraph, Telephones, etc. Homestead Settlers Right of Transfer. "Any bona fide settler under the pre-emption, homestead, or other settlement law shall have the right to transfer, by warranty, against his own acts, any portion of his claim for church, cemetery or school purposes, or for the right of way of railroads, telegraph, telephones, canals, reservoirs, or ditches for irrigation or drainage across it; and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to his claim." U. S. Comp. Stat. Supp. 1905, p. 320, § 2288, Act March 3, 1905, c. 1424, 33 Stat. at L. p. 991. Stat., § 2288, p. 419. ka see U. S. Comp. 905, pp. 328, 329. Amdg. Rev. As to AlasStat. Supp. Act March 3, 1903, c. 1002, 32 Stat. at L., pp. 1028-1030. Edison Electric Company permitted to occupy certain lands for electric-power plants in certain forest reserves in California. Act May 1, 1906, c. 2076, U. S. Stat. 1905-1906; Part 1, p. 163. See Act Jany. 18, 1897, c. 61, 29 Stat. at L, 489, U. S. Comp. Stat. 1901, p. 3029. Right to transmit private messages over telephone lines controlled by Treasury Department and rates therefore. Under the Act making appropriations for sundry civil expenses of the government for the year ending June 30, 1905, and for other purposes under the section relating to "Life-saving service" there is a proviso "That private messages may, with the consent and authority of the Secretary of the Treasury, be transmitted over any and all telephone lines controlled by the Treasury Department, whenever it does not interfere with government business, at such rates and on such terms and conditions as may from time to time be fixed by the Secretary of the Treasury, the proceeds thereof to be accounted for and paid into the Treasury of the United States." U. S. Comp. Stat. Supp. 1905, p. 468, Act April 28, 1904, c. 1762, § 1, 33 Stat. at L., p. 460. Use of electricity by private parties in Yellowstone Park. The United States statute as to appropriations for sundry civil expenses and other purposes, under the division as to "Miscellaneous objects, War Department," Act March 3, 1903, c. 1007, § 1, U. S. Comp. Stat. Supp. 1905, p. 365, 32 Stat. at L., p. 1130, provides that "Private parties or companies doing business in the Yellowstone National Park under authority from the government may be permitted, in the discretion of the Secretary of War, to use electricity furnished by the electric lighting and power plant of Fort Yellowstone and Mammoth Hot Springs at actual cost to the government for operating, maintenance, and depreciation of the plant and ten per centum additional, under such regulations as may be prescribed by the Secretary of War." See Act Feb. 15, 1901, c. 372, 31 Stat. at L. 790, U. S. Comp. Stat. 1901, p. 1584, as to use of other public parks and reservations for electrical plants, telephone and telegraph companies. Hawaii-Telephone system on Island of Oahu.- Under Act of June 20, 1906, c. 3441, § 4184, Stat. 1905-1906, Part I, p. 309, entitled "An Act to ratify, approve, and confirm an act duly enacted by the Legislature of the Territory of Hawaii to authorize and provide for the construction, maintenance, and operation of a telephone system on the Island of Oahu, Territory of Hawaii," provides for the franchise, operation, purchase of other lines, conduits, street pavements, etc., poles, etc., repairs, rules and regulations of company, penalties for injuries, rights of way, condemnation, purchase of other companies, indebtedness, taxes, completion, rates, office for business, inspection, forfeiture, that franchise shall be non exclusive, and for amendment or repeal by the Territory. Electric motor vessels, inspection of and requirements as to when above fifteen tons and carriers of freight or passengers. Acts May 16, 1906, c. 2460, § 4426, U. S. Stat. 1905-1906, p. 194. - District of Columbia As to rates being established and penalty for non-compliance. See Act April 27, 1904, c. 1628, 33 Stat. at L., p. 374. Telegraph and Telephone wires in District of Columbia.- United States statutes, Act March 3, 1905, c. 1415, 33 Stat. at L., pp. 984-986, provides for the removal of wires within certain areas or fire limits, the duty of commissioners, underground conduits, etc., approval of plans, diligent prosecution of the work, penalty for refusal to remove, erection and maintenance of poles in alleys, in certain streets, etc., temporary permits, conduits, etc., in parks and reservations, regulations by commissioners, use by police and fire alarm wires, maximum ducts reversed, repairs and renewals outside of fire limits, right to amend Act, prior rights not affected (Rev. Stat., § 5263, p. 1019), and government ownership. See further as to regulation of telephone wires in District of Columbia, Act June 20, 1902, c. 1136, 32 Stat. at L., pp. 393-395; Act July 1, 1902, c. 1352, 32 Stat. at L., p. 619, Par. 5 (Personal tax on telephone companies District Columbia). 89 § 38. Acts aiding telegraph companies - The Post Roads Act. -The Post Roads Act1 gives to any telegraph company, then 1 Approved July 24, 1866, c. 230, 14 Stat. 221; Rev. Stat. U. S., § 5263 et seq. Post Roads Act. see Rev. Stat. U. S. 1878, §§ 5263-5269, or thereafter organized under the laws of any State, 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 had been or should thereafter be declared to be such by law, and over, under or across the navigable streams or waters of the United States, but the lines must not interfere with the ordinary travel on such military or post roads, nor obstruct the navigation of such streams and waters, certain privileges being granted with regard to taking material from public lands and pre-emption of the same for stations. The act further provides against transferring any rights or privileges granted thereunder; for privity of Government business, the fixing of rates therefor, the purchase of said lines and corporation property by the Government for postal, military or other purposes at an appraised value, and the manner of ascertaining such value. As prerequisites to the exercise of the powers and privileges conferred, the telegraph company must file its written acceptance with the Postmaster-General of the restrictions and obligations required by law. A penalty is also provided for neglect or refusal to transmit the telegraphic communications provided for, and the manner of recovery. § 39. Object of Post Roads Act. The object of the Post Roads Act 66 was not only to promote and secure the interests of the Government, but to obtain for the benefit of the people of the entire country every advantage, in the matter of communication by telegraph, which might come by competition betweer. corporations of different States." 2 The purpose of said act was to aid in the construction of telegraph lines, having in view not only present needs, but embodying a great scheme of material progress, and the growing necessities, not only of the public in commercial transactions, but also of the pp. 1019, 1020, Vol. 1, Supp. Rev. Stat, p. 494; U. S. Comp. Stat. 1901, pp. 3579-3586, also showing amendments. As to other federal statutes see §§ 37b, 37c, herein. 2 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, 745, 746, per Mr. Justice Harlan. |