Chapter CCXX. for increased Facilities of Telegraph Communication between the Atlantic and Pacific States and the Territory of Idaho
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Chap. CCXX.— An Act for increased Facilities of Telegraph Communication between the Atlantic and Pacific States and the Territory of Idaho.July 2, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatThe United States Telegraph Company may erect lines between the Missouri River and San Francisco, to connect with other lines.Right of way &c.Stations. the United States telegraph Company, and their associates, are hereby authorized to erect a line or lines of magnetic telegraph between the Missouri River and the city of San Francisco, in the State of California, on such route as they may select, to connect with the lines of the said United States Telegraph Company, now constructed, and being constructed through the states of the Union.
The said company shall have the use of such unoccupied land of the United States as may be necessary lor the right of way, and materials, and for the establishing of stations along said line lor repairs, not exceeding at any station one quarter section of land; and such stations not to exceed one in fifteen miles on the average of the whole line, unless said lands shall be required by the government of the United States for railroad or other purposes: *And provided,* ThatNo right to preëmption. no right to preempt any of said lands under the laws of the United States shall ensure to said Company or their agents, or any other person or persons whatsoever.
Sec. 2. *And be it further enacted,* That the said United States telegraph Company, under the direction of the President of the United States,374THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 220, 221, 222. 1864. is herebyLine of telegraph from Fort Hall to Portland, Oregon, &c. authorized to erect a line of telegraph from Fort Hall, by Walla- Walla and the Dalles and San Francisco to Portland, in the State of Oregon, and from Fort Hall to Bannock and Virginia City, in the territory of Idaho, with the same privileges as to the right of way, and so forth, as is provided in the first section of this act; the United States to have priority in the use of said lines of telegraph to Oregon and Idaho, Sec. 3. *And be it further enacted,* ThatThis company may send, &c., despatches over other lines, upon, &c. the aforesaid company is authorized by this act to send and receive despatches on payment of the regular charges for transmission of despatches over any line that may now or hereafter be constructed by the authority or aid of congress, to connect with any line or lines authorized or erected by the Russian or English governments, and that all despatches received by said line or lines shall beDespatches to be transmitted in order of reception. transmitted in the order of their reception, and the answers thereto shall be delivered to said United States Telegraph Company for transmission over their lines to the office whence the original message was sent, whenever so directed by the sender thereof.
Sec. 4. *And be it further enacted,* ThatCertain railroad companies may make arrangements with this telegraph company.1862, ch. 120.Vol. xii. p. 489. the several railroad companies authorized by act of congress July one, eighteen hundred and sixty-two, are authorized to enter into arrangements with the United States telegraph company so that the line of telegraph between the Missouri River and San Francisco may be made upon and along the line of said railroad and branches as fast as said roads and branches are built, and if said arrangements be entered into and the transfer of said telegraph line be made in accordance therewith to the line of said railroads and branches, such transfer shall, for all purposes of the act referred to, be held and considered a fulfilment on the part of said railroad companies of the provision of the act in regard to the construction of a telegraph line; and, in case of disagreement, said telegraph company are authorized to remove their line of telegraph along and upon the line of railroad therein contemplated, without prejudice to the rights of said railroad companies.
Approved, July 2, 1864.