of any such company to transact any new business under this Act whenever in his judgment such company is not solvent or is conducting its business in violation of this Act. He may institute inquiry at any time into the solvency of said company and may require that additional security be given at any time by any principal when he deems such company no longer sufficient security. [28 Stat. L. 279.]

SEC. 5. [Jurisdiction of suits on bonds, etc.] That any surety company doing business under the provisions of this Act may be sued in respect thereof in any court of the United States which has now or hereafter may have jurisdiction of actions or suits upon such recognizance, stipulation, bond, or undertaking, in the district in which such recognizance, stipulation, bond, or undertaking was made or guaranteed, or in the district in which the principal office of such company is located. And for the purposes of this Act such recognizance, stipulation, bond, or undertaking shall be treated as made or guaranteed in the district in which the office is located, to which it is returnable, or in which it is filed, or in the district in which the principal in such recognizance, stipulation, bond, or undertaking resided when it was made or guaranteed. [28 Stat. L. 279.]

ernment work under this Act, is not one in which the United States is plaintiff within the meaning of the Judiciary Act of 1875, and where jurisdiction is based on the ground of diverse citizenship the amount in controversy must exceed the sum of two thousand dollars besides interest and costs. U. S. v. Sheridan, (1902) 119 Fed. Rep. 236; U. S. v. Henderlong, (1900) 102 Fed. Rep. 2.

The privilege of a defendant of being sued only in the state of which it is an inhabitant is waived by the giving of a bond under the provisions of this Act. U. S. v. Sheridan, (1902) 119 Fed. Rep. 236.

SEC. 6. [Rights forfeited if judgments not paid.] That if any such company shall neglect or refuse to pay any final judgment or decree rendered against it upon any such recognizance, stipulation, bond, or undertaking made or guaranteed by it under the provisions of this Act, from which no appeal, writ of error, or supersedeas has been taken, for thirty days after the rendition of such judgment or decree, it shall forfeit all right to do business under this Act. [28 Stat. L. 279.]

SEC. 7. [Companies estopped from denying power.] That any company which shall execute or guarantee any recognizance, stipulation, bond, or undertaking under the provisions of this Act shall be estopped in any proceeding to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute or guarantee such instrument or assume such liability. [28 Stat. L. 279.]

SEC. 8. [Penalty for failing to comply with provisions.] That any company doing business under the provisions of this Act which shall fail to comply with any of its provisions shall forfeit to the United States for every such failure not less than five hundred dollars nor more than five thousand dollars, to be recovered by suit in the name of the United States in the same courts in which suit may be brought against such company under the provisions of this Act, and such failure shall not affect the validity of any contract entered into by such company. [28 Stat. L. 279.]

SURGEONS-SURGEON-GENERAL.

See HEALTH AND QUARANTINE, vol. 3, p. 213; HOSPITALS AND ASYLUMS, vol. 3, p. 238; PENSIONS, vol. 5, p. 606; NAVY, vol. 5, p. 225; WAR DEPARTMENT AND MILITARY ESTABLISHMENT.

SURVEYS AND SURVEYORS.

See CUSTOMS DUTIES, vol. 2, p. 372; GEOLOGICAL SURVEY, vol. 3, p. 155; INDIANS, vol. 3, p. 321; INTERNAL REVENUE, vol. 3, P. 540; LIGHTS AND BUOYS, vol. 4, p. 829; MINERAL LANDS, MINES, AND MINING, vol. 5, p. 1; PUBLIC LANDS, vol. 6, p. 188; RIVERS, HARBORS, AND CANALS, vol. 6, p. 783; SHIPPING AND NAVIGATION, ante, p. 3.

SWAMP AND OVERFLOWED LANDS.

See PUBLIC LANDS, vol. 6, p. 188.

TAXES AND TAXATION.

See CURRENCY, vol. 2, p. 366; CUSTOMS DUTIES, vol. 2, p. 372; INTERNAL REVENUE, vol. 3, p. 540; NATIONAL BANKS, vol. 5, p. 75; PUBLIC DEBT, vol. 6, p. 137; PUBLIC LANDS, vol. 6, p. 188.

TEA.

See FOOD AND DRUGS, vol. 3, p. 117.

R. 8. 5263. Use of Public Domain, etc., 205.

5264. Use of Materials from Public Lands, 212.
5265. These Rights Not Transferable, 212.

5266. Government to Have Priority in Transmission of Messages, 212.
5267. Government Entitled to Purchase Lines, 212.

5268. Acceptance of Obligation to Be Filed, 212.

5269. Penalty for Refusal to Transmit Dispatches, 213.

Act of June 23, 1874, ch. 455, 213.

Sec. 1. Military Telegraph Lines in Arizona, 213.

Act of March 3, 1875, ch. 130, 213.

Sec. 1. Military Telegraph Lines on Indian and Mexican Frontiers, 213.

Act of Fune 20, 1878, ch. 359, 214.

Sec. 1. Military Telegraph Line from Bismarck to Fort Ellis, 214.
Act of May 26, 1900, ch. 586, 214.

Military Telegraph and Cable Lines in Alaska - No Foreign Lines in
Alaska, 214.

Act of June 23, 1874, ch. 461, 214.

Sec. 1. Wilful or Malicious Injury to or Obstruction of Government Telegraph Lines, 214.

Act of March 3, 1883, ch. 143, 215.

Receipts from Private Dispatches over Government Lines, 215.

Act of Fune 23, 1879, ch. 35, 215.

Sec. 1. Telegrams Transmitted by Certain Railroad Companies, 215.

Act of Aug. 7, 1888, ch. 772 —Telegraph Lines of Subsidized Railroad and Telegraph Companies, 215.

Sec. 1. Subsidized Railroad and Telegraph Companies to Maintain Telegraph

Lines, 215.

2. Equal Facilities, etc., to Be Given to Connecting Lines, 216.

3. Interstate Commerce Commission to Compel Compliance Investigation,

216.

4. Attorney-General to Prevent Interference with Rights of Government,

217.

5. Penalty for Violating Law-Actions for Damages, 217.

6. Contracts to Be Filed with Interstate Commerce Commission — Duty to Make Reports and Penalty for Failure, 218.

7. Act May Be Altered, etc. Rights of Government Not Affected, 218.

Act of Feb. 29, 1888, ch. 17 Protection of Submarine Cables, 219.

Sec.

1. Wilful Injury, etc., to Submarine Cable, 219.

2. Breaking or Injuring Cables by Culpable Negligence, 219.

3. Breaking or Injuring to Save Life, Limb, or Vessel, 219.

4. Vessels Laying, etc., Cables to Observe Signal Rules - Duties of Other Vessels as to Telegraph Vessels, Buoys, etc.- Penalty, 219.

5. Duties of Fishing Vessels as to Nets and Implements, 219.

6. Authority of Commanders of War Vessels, etc., 220.

7. Penalty for Refusing to Show Papers, 220.

8. Penalty Not a Bar to Suits for Damages, 220.

9. Liability of Master of Vessel, 220.

10. Definition of Terms, 220.

11. Provisions for Summary Trials, 220.

12. Cables to Which Act Applies, 221.

13. Furisdiction of Offenses - Venue - Review, 221.

CROSS-REFERENCES.

Collision with Cable Vessels, see COLLISIONS, vol. 2, p. 150.

Statistics, see CENSUS, vol. 1, p. 742.

Right of Way over Indian Reservation, see INDIANS, vol. 3, p. 511.

Right of Way through Public Lands, Parks, and Reservation, see PUBLIC LANDS, vol. 6, p. 513

Telegraph Lines Between Public Buildings in District of Columbia, see PUBLIC PROPERTY, BUILDINGS, AND GROUNDS, vol. 6, pp. 683, 684. Franchises, see PHILIPPINE ISLANDS, vol. 5, p. 709; PORTO RICO, vol. 5, p. 761.

Telegraph Operators in Service of Army, see WAR DEPARTMENT AND

MILITARY ESTABLISHMENT.

Disbursements for Military Telegraph Lines, see WAR DEPARTMENT AND MILITARY ESTABLISHMENT.

And see generally, RAILROADS, vol. 6, p. 720 et seq.; TREATIES.

Sec. 5263. [Use of public domain, etc.] Any telegraph company now organized, or which may hereafter be organized, under the laws of any State, shall have 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 or may hereafter be declared such by law, and over, under, or across the navigable streams or waters of the United States; but such lines of telegraph shall be so constructed and maintained as not to obstruct the navigation of such streams and waters, or interfere with the ordinary travel on such military or post roads. [R. S.]

Act of July 24, 1866, ch. 230, 14 Stat. L. 221.

Sections 5263-5269 constitute title 65 of the Revised Statutes entitled "Telegraphs.” Scope of notes. Sections 5263-5268 of the Revised Statutes were taken almost entirely from the Act of July 24, 1866, ch. 230. The notes of cases construing these sections and the Act of 1866 are for convenience grouped together here.

Constitutionality. - Congress has the constitutional power to pass an Act giving to telegraph companies, organized under state laws, the right to construct and use lines of telegraph along any of the military or post roads of the United States. Pensacola Tel. Co. v. Western Union Tel. Co., (1875) 2 Woods (U. S.) 643, 19 Fed. Cas. No. 10,960, affirmed (1877) 96 U. S. 1.

This Act is constitutional so far as it declares that the erection of the telegraph wires should, as against state interference, be free to all who accepted its terms and conditions, and a telegraph company of one state, accepting them, could not be excluded by another state from prosecuting its business within her jurisdiction. Western Union Tel. Co. v. Pendleton, (1887) 122 U. S. 357; Pensacola Tel. Co. v. Western Union Tel. Co., (1877) 96 U. S. 1.

Interstate commerce. Telegraph lines, when extending through different states, are instruments of commerce, which are protected by the commerce clause in the Federal Constitution, and messages passing over such lines from one state to another constitute a portion of commerce itself, Western Union Tel.

Co. v. James, (1896) 162 U. S. 650; Western
Union Tel. Co. v. Pendleton, (1887) 122 U.
S. 347; Western Union Tel. Co. v. Texas,
(1881) 105 U. S. 460; Pensacola Tel. Co. v.
Western Union Tel. Co., (1877) 96 U. S. 1;
Western Union Tel. Co. v. Atlantic, etc., Tel.
Co., (1869) 5 Nev. 108.

Telephone companies not included. The Act of 1866 and the sections of the Revised Statutes in which the provisions of that Act have been preserved, have no application to telephone companies whose business is that of electrically transmitting articulate speech between different points. Richmond v. Southern Bell Telephone, etc., Co., (1899) 174 U. S. 761, reversing (C. C. A. 1898) 85 Fed. Rep. 19, (1897) 78 Fed. Rep. 858; Wichita v. Old Colony Trust Co., (C. C. A. 1904) 132 Fed. Rep. 657; Cumberland Telephone, etc., Co. v. Evansville, (1903) 127 Fed. Kep. 188.

Companies who have not accepted provisions of Act. A company chartered by the state of Oregon, subsequently to the Act of July 24, 1866, ch. 230, constructed a telegraph line over public domain of the United States within that state, but never filed a "written acceptance as required by that Act, and declined to comply with the provisions of that Act as to rates for Government telegrams. It was held that the company, in respect to the erection of its telegraph on the public lands, was a trespasser, and that the United States (without special legislation) were entitled to all ordinary remedies for trespass given at law, as well as to all extraordinary remedies given in equity, (1876) 15 Op. Atty. Gen. 554,