necessary claims on the public lands of the United States may be condemned ; and where such provision has not been made, such condemnation may be made in accordance with section 3 of the Act entitled "An Act to Amend an Act to aid in the construction of 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, approved July 1, 1862, approved July 2, 1864." Within twelve months after the location of any section of 20 miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, the railroad company has to file with the register of the land office for the district where such land is located, a profile of its road; and upon approval thereof by the Secretary of the Interior, the same is noted upon the plats in said office; and thereafter all such lands over which such right-of-way passes are disposed of, subject to such rightof-way. But if any section of said road is not completed within five years after the location of such section, the rights granted are forfeited as to any such uncompleted section of road. These provisions do not, however, apply to any lands within the limits of any military park or Indian reservation, or other lands especially reserved from sale, unless the right-ofway is provided for by treaty stipulation or by Act of Congress.

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every 10 miles, it is provided that "the state or states within the limits of which said road, or any part thereof, shall be hereafter situated, shall have the power to regulate and limit the cost of transportation of persons or freight over the same; also that "this Act shall not take effect on any lands to which any bona fide pre-emption, or homestead claim, has attached before the definite location of the line of road, and the notice of the same has been given to the land - office in the district where the same is located." This railroad was to be located within three years from the passage of the Act, and completed within ten years from the same date, failing which the Act was to be null and void. Congress reserved the right to alter, amend, or repeal this Act at any time that the public interest might require it.

It has recently been decided that it is unconstitutional for a state to regulate by law interstate traffic. Congress alone has the power to do so; but each state can regulate railroad traffic within its own limits or jurisdiction, not inconsistent with the authority and laws of the United States.

By the Act of July 10, 1886, no lands granted to any railroad corporation by any Act of Congress are exempt from taxation by states, territories, and municipal corporations, on account of the lien of the United States upon the same for the costs of surveying, selecting, and conveying the same, or because no patent has been issued therefor; but this does not apply to lands unsurveyed. Lands sold for taxes are taken by the purchaser subject to the lien for costs of surveying, selecting, and conveying, to be paid in such manner by the purchaser as the Secretary of the Interior may by rule provide, and to all liens of

veying, selecting, and conveying are due and payable at, and on, the demand therefor made by the Secretary of the Interior; and should any railroad corporation for thirty days neglect or refuse to pay them after such demand, the Secretary notifies the Attorney-General, who at once commences proceedings to collect them.

Where a railroad corporation gets a grant of public lands, the sections granted are alternate sections, and so numbered that odd numbers belong to the corporation, and even numbers to the United States. The even sections within the limits of any grant of public lands to any railroad company, or to any military road company, or to any state in aid of any railroad or military road, are open to settlers under the Homestead Laws to the extent of 160 acres to each settler; and where any actual settler who has paid for any lands situate within the limits of any grant of lands by Congress to aid in the construction of any railroad, the price of such lands being fixed by law at double minimum rates, and such railroad lands having been forfeited to the United States, and restored to the public domain for failure to build such railroad, such settler has the right to locate on any unoccupied lands an amount equal to his original entry without further cost, except such fees as are prescribed by law in preemption cases, provided that when

such location is upon double minimum lands one-half the amount only is taken. All persons who have settled and made valuable and permanent improvements upon any odd numbered section, in good faith, and with the permission or licence of the railroad company for whose benefit the withdrawal has been made, and with the expectation of purchasing of such company the land so settled upon, which may, for any cause, be restored to the public domain, and who at the time of such restoration may not be entitled to enter and acquire title to such land under the Pre-emption, Homestead, or Timberculture Acts of the United States, is permitted at any time within three months after such restoration, and under such rules and regulations as the Commissioner of the General Land Office may prescribe, to purchase not exceeding 160 acres in extent of the same by legal subdivision at the price of $2.50 per acre, and to receive patents therefor.

Every railroad company in the United States whose road is operated by steam, is by law authorised to carry upon and over its road, boats, bridges, and ferries, all passengers, troops, government supplies, mails, freight, and property on their way from one state to another state, and to receive compensation therefor, and to connect with roads of other states so as to form continuous lines for the transportation of the same to the place of destination. But this does not affect any stipulation between the Government of the United States and any railroad company for transportation or fares without compensation, nor authorise any railroad company to build any new road or connection with any other road without authority from the state in which such railroad or connection may be proposed. No money is paid to any railroad company for the transporta

tion of any property or troops of the United States over any railroad which in whole or in part was constructed by the aid of a grant of public lands, on the condition that such railroad should be a public highway for the use of the Government of the United States, free from toll or other charge, or upon any other conditions for the use of such road for such transportation; nor is any allowance made for the transportation of officers of the Army over any such road when on duty and under orders as military officers of the United States. Whenever in any grant of land or other subsidy made to railroads or other corporations, the United States reserve the right to appoint directors, engineers, or other agents to examine the roads, or act in conjunction with other officers of such companies, all the costs, charges, and pay of such directors, commissioners, or agents are paid by the respective companies, at the rate of $10 each per day, actually and necessarily employed, and 10 cents per mile actually and necessarily travelled in discharging their duties. In case any company refuse or neglect to make such payments, no more patents for land or other subsidies are issued until these requirements are complied with. The Secretary of the Treas

ury withholds payments to any railroad company on account of freights or transportation, to the amount of interest on bonds of the United States issued to any such company not reimbursed, together with the 5 per cent of net earnings due, and unapplied as provided by law. Any 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, are determined, and also the rights of the United States, upon the merits of all the points presented. Either party to this suit may appeal to the Supreme Court, which, as well as the Court of Claims, gives such causes precedence of all other business. According to Poor's Manual of the Railroads of the United States for 1886, there were 127,729 miles of railroad, distributed thus: (1) New England, 6412 miles; (2) Middle States, 18,595 miles; (3) Western States, 74,854 miles; (4) Pacific States, 7284 miles; and of these 123,320 miles were worked. The total capital stock was $3,817,697,832; the total funded debt, $3,765,727,066; the total investment, $8,339,285,842; and the cost of railroad and equipment, $7,037,627,350.

Any telegraph company organised under the laws of any state has 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 declared such by law, and over, under, or across the navigable streams or waters of the United States; but such lines of telegraph

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shall be so constructed and maintained as not to obstruct the navigation of streams and waters, or interfere with the ordinary travel military or post roads. Telegraph companies so organised have the right to take and use from the public lands through which the lines of telegraph pass the necessary stone, timber, and other materials for its posts, piers, stations, and other needful uses in the construction, mainten

ance, 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 40 acres for each station, which must not be within fifteen miles

of each other. 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, have priority over all other business, at such rates as the Postmaster-General shall annually fix. No part of any appropriation for the several departments of the Government is paid to any company which neglects or refuses to transmit such telegrams in accordance with this provision.

The United States may, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects of any or all companies at an appraised value ascertained by five competent disinterested persons, two of them selected by the PostmasterGeneral, two by the company interested, and one by the four so previously selected. Before any telegraph company exercises any of the powers or privileges conferred by law, it must file its written acceptance with the Postmaster-General of the restrictions and obligations required by law. Should a telegraph | company, after filing this acceptance, by its agents or employees refuse or neglect to transmit any such telegraphic communications, or those which the Secretary of War causes to be sent about meteorological observations at the military stations and other points of the interior of the continent, and for giving notice on the northern lakes and seaboard |

of the approach and force of storms, it is liable to a penalty of not less than $100 and not more than $1000 for each such refusal or neglect, to be recovered by action at law in any district court of the United States.

The Act of July 25, 1862, chap. 348, authorised the laying of a line or lines of telegraph or submarine cables on the Atlantic coast of the United States to connect the American and European coasts, provided no amalgamation, combination to establish rates, union, or sale of cable interests established under the Act, should be made to any existing European or other cable company. The second section stipulated-1st, That the Government of the United States should be entitled to exercise and enjoy the same or similar privileges with regard to the control and use of such line or lines, cable or cables, as there might by law, agreement, or otherwise be exercised and enjoyed by any foreign Government whatever. 2d, Citizens of the United States should enjoy the same privileges as to the payment of rates for the transmission of messages as were enjoyed by the citizens of the most favoured nations. 3d, The transmission of despatches should be made in the following order: (1) despatches of State, under such regulations as might be agreed upon by the Governments interested, the rates not to exceed those charged to individuals; (2) despatches on telegraphic service; and (3) private despatches. 4th, The lines of any such cables should be kept open to the public for the daily transmission of market and commercial reports and intelligence, and all messages, despatches, and communications should be forwarded in the order in which they were received, except as stated. 5th, Before extending and establishing any such lines or cables in or over any waters, reefs, islands, shores, and lands within

the jurisdiction of the United States, a written acceptance of the terms and conditions imposed by the Act should be filed in the office of the Secretary of State by the parties authorised to lay the said lines or cables, or by a majority of them, their associates, successors, or assigns, or by the company or corporation which might be organised to construct and operate cables under the said Act. The third and fourth sections provided that nothing in the Act should be construed to limit the United States

in granting to other persons or companies similar privileges, and that the right to alter, amend, or repeal the Act at any time was reserved to Congress.

In 1886 there were 667,710 miles of wire, 218,247 miles of posts, 21,673 officers, and 35,510 employees in the telegraph service in the United States. The Western Union Telegraph Company is reported to have despatched 43,289,807 messages during 1886. The United States owned 3000 miles of wire and of posts, and had 55 offices and 90 employees.

The Postmaster-General establishes post-offices at all such places on postroads established by law as he deems expedient, and he promptly certifies such establishment to the Auditor of the Treasury for the Post-Office Department. Every person who, without authority from the Postmaster-General, sets up or professes to keep any office or place of business bearing the sign, name, or title of post-office is, for every such offence, liable to a penalty of not more than $500. The Postmaster-General appoints and may remove postmasters of the fourth class, but those of the first, second, and third classes are appointed and removed by the President, by and with the advice and consent of the Senate; and they hold their offices for four years, unless sooner removed or suspended according to law. Appointments and removals are notified to the said Auditor. Every postmaster has to reside within the delivery of the office to which he is appointed. The Postmaster-General and all persons employed in the postal service respectively take and subscribe before some magistrate or other competent person, authorised to administer oaths by the laws of the United States, or of any state or

territory, or before any officer, civil or military, holding a commission under the United States, the oath or affirmation provided by statute; and each postmaster has to give bond with good and approved security, and in such penalty as the Postmaster-General deems sufficient, conditioned for the faithful discharge of all duties and trusts imposed on him, either by law or the rules and regulations of the department; and, where it is a money - order office, for the faithful performance of all duties and obligations in connection with the money-order business. The bond of a married woman appointed postmaster is binding upon her and her sureties, and she is liable for misconduct in office as if she were sole. Every postmaster and his sureties are responsible for the safe keeping of the public property in the post-office and the due performance of the duties thereof until the expiration of the commission, or until a successor, duly appointed and qualified, has taken possession of the office. But where there is sixty days' delay in filling a vacancy, the sureties may terminate their responsibility by giving notice in writing to the Postmaster-General, such