when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all of its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone, and during a continuance of such condition the governor of the Panama Canal shall, in all respects and particulars as to the operation of such Panama Canal, and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army. (37 Stat. 569.)

§ 10049. (Act Aug. 24, 1912, c. 390, § 14.) Designation of act; right to amend or repeal its provisions or regulations thereunder reserved.

This Act shall be known as, and referred to as, the Panama Canal Act, and the right to alter, amend, or repeal any or all of its provisions or to extend, modify, or annul any rule or regulation made under its authority is expressly reserved. (37 Stat. 569.)

§ 10050. (Act Aug. 24, 1912, c. 355, § 4.) Payments for Toro Point Light prohibited.

Hereafter no payments shall be made for maintenance or other charge in connection with the Toro Point Light, Isthmus of Panama, out of moneys of the United States or of the Panama Railroad Company. (37 Stat. 486.)

This section was part of the sundry civil appropriation act for the fiscal year 1913, cited above.

§ 10051. (Act Aug. 24, 1912, c. 355, § 5.) Division of record authorized; preservation of useful or historical papers; destruction of useless papers.

The chairman of the Isthmian Canal Commission is authorized to establish a division of records and, as the requirements of the service permit, to consolidate in the custody thereof the files of papers and other records which have accumulated or which may accumulate during the period of the construction of the Isthmian Canal; and he is directed to carefully preserve, properly index, and arrange for use all papers needed or useful in the transaction of current business or having a permanent value or historical interest; and he is authorized to destroy or otherwise dispose of duplications in the files and other papers which are not needed or useful in the transaction of current business and have no permanent value or historical interest and which have been recommended to him for destruction or other disposition by a committee of three competent persons who have personally examined the papers and in connection with their recommendation have submitted a concise statement of the condition and character thereof. (37 Stat. 486.)

This section was part of the sundry civil appropriation act for the fiscal year 1913, cited above.

§ 10052. (Act June 25, 1910, c. 384, § 2.) Payment by Panama Railroad Company of annual subsidy under concession granted by Colombia, not to be required.

Hereafter payment by the Panama Railroad Company to the United States, in accordance with the treaty with Panama, of the annual subsidy of two hundred and fifty thousand dollars, as provided by the concession granted by the United States of Colombia, shall not be required. (36 Stat. 772.)

This was a proviso annexed to section 2 of the sundry civil appropriation act for the fiscal year 1911, cited above.

§ 10053. (Act March 4, 1911, c. 285, § 2.) Panama Railroad Company to carry no insurance, nor make further payment on notes given by it to the United States.

Hereafter the Panama Railroad Company shall carry no insurance to cover marine or fire losses, nor make any further payment on the principal or interest on notes heretofore given by it to the United States for moneys appropriated for its use. (36 Stat. 1451.)

This section was part of the sundry civil appropriation act for the fiscal year 1912, cited above.

A similar provision as to insurance was made by the sundry civil appropriation act for the preceding year, Act June 25, 1910, c. 384, § 2, 36 Stat. 772. § 10054. (Act March 4, 1911, c. 285, § 6.) Panama Railroad Company not to be required to give bond in contracts for services, etc., to Army, Navy, etc.; such contracts may be for less than one year; writing not required.

Hereafter the Panama Railroad Company shall not be required to give bond, either with or without surety, in contracts which it may make to furnish services, materials, or supplies to the Army, Navy, Marine Corps, or other departments of the Government, and such contracts may be made for periods less than one year, as may be agreed on, and formal contracts in writing shall not be required unless agreed on. (36 Stat. 1452.)

This section was part of the sundry civil appropriation act for the fiscal year 1912, cited above.

(4627)

TITLE LXIV

RAILWAYS

Sec.

Sec.

10063. Settlement of accounts for Navy and Marine Corps transportation services, etc.

10064. Settlement of claims for transportation services by certain railroads; credit on notes. 10065. Payment for transportation of property or troops over certain roads prohibited.

10066. Payment for Army transportation services to certain railroads.

10067. Payment for transportation of Indian goods and supplies. 10068. Companies may sue in Court of Claims.

10069. Circuit court to issue mandamus, etc.

10070. Protection of liens of United States; redemption of mortgages, etc.

10071. Investment of sinking-funds for security of indebtedness to United States.

§ 10055. (R. S. § 5256.) Union Pacific Railroad.

The books, records, correspondence, and all other documents of the Union Pacific Railroad Company, shall at all times be open to inspection by the Secretary of the Treasury, or such persons as he may delegate for that purpose. The laws of the United States providing for proceedings in bankruptcy shall not be held to apply to said corporation. No dividend shall hereafter be made by said company but from the actual net earnings thereof; and no new stock shall be issued or mortgages or pledges made on the property or future earnings of the company without leave of Congress, except for the purpose of funding and securing debt now existing, or the renewals thereof. No director or officer of said road shall hereafter be interested, directly or indirectly, in any contract therewith except for his lawful compensation as such officer. Any director or officer who shall pay or declare, or aid in paying or declaring, any dividend, or creating any mortgage or pledge prohibited by this act, shall be punished by imprisonment not exceeding two years, and by fine not exceeding five thousand dollars.

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

The provisions of Act March 3, 1873, c. 226, § 4, cited above, which were incorporated into this section of the Revised Statutes, were intended apparently

for the protection of the rights and interests of the United States in the Union Pacific Railroad, pursuant to Act July 1, 1862, c. 120, 12 Stat. 489, as amended by Act July 2, 1864, c. 216, 13 Stat. 356, providing for the incorporation of the Union Pacific Railroad Company, etc.

Further provisions on this subject were contained in Act May 7, 1878, c. 96, 20 Stat. 58, providing for the ascertainment of net earnings and the establishment of a sinking fund to pay debts of the company and other railroad companies.

Other provisions punishing the illegal declaring or paying of dividends by officers of certain bond-aided railroads were made by Act May 7, 1878, c. 96, § 6, 20 Stat. 59.

Provisions relating to the construction and operation of telegraph lines by subsidized railroad and telegraph companies were made by Act Aug. 7, 1888, c. 772, post, §§ 10080-10086.

All railway companies which had received aid by grants of lands, rights of way, or otherwise, were required to carry the mails at prices to be fixed by Congress or the Postmaster-General, by R. S. § 4001, ante, § 7482.

Land-grant railroad companies were entitled to receive as compensation for carrying the mails only 80 per cent. of the compensation authorized to be paid other companies, by Act July 12, 1876, c. 179, § 13, ante, § 7485.

§ 10056. (R. S. § 5257.) Connection of other roads.

Any railroad company now or hereafter incorporated under any law of the United States, or of any State, which has been or may be organized by an act of Congress, may connect its road with the Union Pacific Railroad, or any of its branches.

Act July 1, 1862, c. 120, § 15, 12 Stat. 496.

§ 10057. (Act July 2, 1864, c. 216, § 15, as amended, Act June 20, 1874, c. 331.) Railroads and telegraphs constructed from Missouri River to Pacific Ocean to be operated and used as one continuous line; refusal so to operate, or to afford to each road equal facilities as to rates, time, or transportation, punishable; damages for failure or refusal to comply with provisions of acts and actions for recovery thereof.

The several companies authorized to construct the aforesaid roads are hereby required to operate and use said roads and telegraph for all purposes of communication, travel, and transportation, so far as the public and the government are concerned, as one continuous line; and, in such operation and use, to afford and secure to each equal advantages and facilities as to rates, time, and transportation, without any discrimination of any kind in favor of the road or business of any or either of said companies, or adverse to the road or business of any or either of the others, and it shall not be lawful for the proprietors of any line of telegraph, authorized by this act, or the act amended by this act to refuse, or fail to convey for all persons requiring the transmission of news and messages of like character, on pain of forfeiting to the person injured for each offence, the sum of one hundred dollars, and such other damage as he may have suffered on account of said refusal or failure, to be sued for and recovered in any court of the United States, or of any state or territory of competent jurisdiction.

And any officer or agent of the companies authorized to construct the aforesaid roads, or of any company engaged in operating either of said roads, who shall refuse to operate and use the road

or telegraph under his control, or which he is engaged in operating for all purposes of communication, travel, and transportation, so far as the public and the Government are concerned, as one continuous line, or shall refuse, in such operation and use, to afford and secure to each of said roads equal advantages and facilities as to rates, time, or transportation, without any discrimination of any kind in favor of, or adverse to, the road or business of any or either of said companies, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding one thousand dollars, and may be imprisoned not less than six months. In case of failure or refusal of the Union Pacific Railroad Company, or either of said branches, to comply with the requirements of this act and the acts to which this act is amendatory, the party injured or the company aggrieved may bring an action in the district or circuit court of the United States in the Territory, district, or circuit in which any portion of the road of the defendant may be situated, for damages on account of such failure or refusal; and, upon recovery, the plaintiff shall be entitled to judgment for treble the amount of all excess of freight and fares collected by the defendant, and for treble amount of damages sustained by the plaintiff by such failure or refusal; and for each and every violation of or failure to comply with the requirements of this act, a new cause of action shall arise; and in case of suit in any such Territory, district, or circuit, process may be served upon any agent of the defendant found in the Territory, district, or circuit in which such suit may be brought, and such service shall be by the court held to be good and sufficient; and it is hereby provided that for all the purposes of said act, and of the acts amendatory thereof, the railway of the Denver Pacific Railway and Telegraph Company shall be deemed and taken to be a part and extension of the road of the Kansas Pacific Railroad, to the point of junction thereof with the road of the Union Pacific Railroad Company at Cheyenne, as provided in the act of March third, eighteen hundred and sixty-nine. (13 Stat. 362. 18 Stat. 111.)

This section was part of an act entitled as an act to amend Act July 1, 1862, c. 120, 12 Stat. 489, which was entitled "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," and which incorporated the Union Pacific Railroad Company.

Said Act July 1, 1862, c. 120, also authorized the Leavenworth, Pawnee & Western Railroad Company, the Central Pacific Railroad Company, the Hannibal & St. Joseph Railroad, and the Pacific Railroad Company of Missouri to construct certain branches or portions of said railroad.

Both said acts were omitted from the Revised Statutes, probably because their provisions were regarded as temporary and executed, except a provision of said Act July 1, 1862, c. 120, § 15, which was incorporated into R. S. § 5257, ante, & 10056.

This section of said amendatory act of July 1, 1864, c. 216, as originally enacted, contained only the first paragraph thereof as set forth here, ending with the words "or of any State or Territory of competent jurisdiction."

The provisions of the second paragraph, beginning with the words "And any officer or agent of the companies," etc., were added by amendment by Act June 20, 1894, c. 331, last cited above.

The companies and the roads referred to in this section, as originally enacted,