R.S. §§ 5566, 5568. R.S. § 5566, act June 16, 1860, ch. 136, 12 Stat. 40, authorizing the President to contract with any person, society, etc., to receive on the Coast of Africa all negroes, etc., delivered from on board seized vessels, and R. S. § 5568, authorizing him to enter into arrangements with foreign governments having possessions in the West Indies or other tropical regions, were not included in the Criminal Code. The former was repealed by section 341 thereof. The latter was repealed by act Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1431.) § 1362. Port to which captured vessel sent. It shall be the duty of the commander of any armed vessel of the United States, whenever he makes any capture under the preceding provisions, to bring the vessel and her cargo, for adjudication, into some port of the State, Territory, or District to which such vessel so captured may belong, if he can ascertain the same; if not, then into any convenient port of the United States. (Mar. 4, 1909, ch. 321, § 265, 35 Stat. 1141.) DERIVATION R. S. § 5563, which was revised from act Mar. 3, 1819, ch. 101, 3 Stat. 534 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. CODIFICATION Section constituted Criminal Code, section 265, act Mar. 4, 1909. The material changes consisted in the substitution of the words "some port" for the words "some of the ports," the addition of the words "or District" after the word "Territory," and the omission of the words "to be sent," which appeared before the words "into any convenient port." § 1363. Bond by owners of foreign vessels. Every owner, master, or factor of any foreign vessel clearing from any port within the jurisdiction of the United States, and suspected to be intended for the slave trade, and the suspicion being declared to the officer of the customs by any citizen, on oath, and such information being to the satisfaction of the officer, shall first give bond, with sufficient sureties, to the Treasurer of the United States that none of the natives of any foreign country or place shall be taken on board such vessel to be transported or sold as slaves in any other foreign port or place whatever, within nine months thereafter. (Mar. 4, 1909, ch. 321, § 266, 35 Stat. 1141.) DERIVATION R. S. 5564, which was revised from act Mar. 22, 1794, ch. 11, 1 Stat. 349 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. CODIFICATION Section constituted Criminal Code, section 266, act Mar. 4, 1909. The only changes made were the substitution of the words "clearing from any port within the jurisdiction of the United States and" for the words "clearing out for any of the coasts or kingdoms of Africa or," and the substitution of the words "natives of any foreign country or place" for the words "natives of Africa or any other foreign country or place." R.S. § 5565, act of May 10, 1800, ch. 51, 2 Stat. 71, relative to the disposition of forfeitures was also repealed by section 341, of the Criminal Code, but its provisions were not embodied in any one section of that Code. TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the offi cers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Treasurer of the United States, referred to in this section, is an officer of the Treasury Department. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title. § 1364. Instructions to masters of armed vessels. The President is authorized to issue instructions to the commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such rules and regulations as he may prescribe, to proceed directly to the country from which they were taken, and there hand over to the agent of the United States all such persons, delivered from on board vessels seized in the prosecution of the slave trade; and they shall afterwards bring the captured vessels and persons engaged in prosecuting such trade to the United States for trial and adjudication. (Mar. 4, 1909, ch. 321, § 267, 35 Stat. 1141.) DERIVATION R. S. 5567, which was revised from act June 16, 1860, ch. 136, 12 Stat. 41 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. CODIFICATION Section constituted Criminal Code, section 267, act Mar. 4, 1909. The only changes consisted in the substitution of the words "to the country from which they were taken" for the words "to the coast of Africa," and the substitution of the words "such persons" for the words "negroes, mulattoes, and persons of color." R. S. § 5569, act of July 17, 1862, ch. 197, 12 Stat. 593, authorizing the President to issue instructions to proceed directly to the place agreed upon with any foreign government, was repealed by act Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1431. may furnish any suitable vessel under his jurisdiction, or obtained under the provisions of subsection (b) of this section, or construct and furnish a suitable vessel if such a vessel is not available, to the State of Maine, the State of Massachusetts, the State of New York, the State of California, and to any other State or Territory of the United States, for use as a training vessel for a maritime academy or college meeting the requirements of this chapter. Any such vessel (1) shall be repaired, reconditioned, equipped (including all apparel, charts, books, and instruments of navigation) as necessary for use as a training ship, (2) shall be furnished only upon application therefor in writing by the Governor of such State or Territory, (3) shall be furnished only if a suitable port for the safe mooring of such vessel is available while it is being used by such academy or college, (4) shall be maintained in good repair by the Secretary, and (5) shall remain the property of the United States. (b) Any department or agency of the United States may provide to the Secretary for disposition under the provisions of this chapter any vessel (including equipment) which is suitable for the purposes of this chapter and can be spared without detriment to the service to which such vessel has been assigned. (Pub. L. 85-672, § 3, Aug. 18, 1958, 72 Stat. 622.) § 1383. Contracts for assistance. The Secretary may enter into agreements with not more than one maritime academy or college, which meets the requirements of this chapter, in each State or Territory, to make annual payments to such academy or college for not in excess of four years in the case of each such agreement, to be used for the maintenance and support of such academy or college. Such payments for any year to any maritime academy or college shall be an amount equal to the amount furnished to such academy or college for its maintenance and support by the State or Territory in which such academy or college is located, except that such payments to any academy or college for any year shall not exceed $75,000, or $25,000 if such academy or college does not meet the requirement of section 1384 (b) of this title. (Pub. L. 85-672, § 4, Aug. 18, 1958, 72 Stat. 622.) § 1384. Conditions to receiving payments or use of vessels. (a) As a condition to receiving any payments or the use of any vessel under the provisions of this chapter an academy or college shall (1) provide courses of instruction to youths in navigation and marine engineering, including steam and diesel propulsion, and courses in atomic or nuclear propulsion as soon as practical and possible; and (2) shall agree in writing to conform to such standards in such course, in training facilities, in entrance requirements, and in instructors, as are established by the Secretary after consultation with superintendents of maritime academies and colleges in the United States. (b) As a condition to receiving payment of any amount in excess of $25,000 for any year under the provisions of section 1383 of this title, a maritime academy or college shall agree to admit to such academy or college students resident in other States in such numbers as the Secretary shall prescribe, except that the number of such students prescribed for any academy or college shall not at any time exceed one-third of the student capacity of such academy or college. (Pub. L. 85-672, § 5, Aug. 18, 1958, 72 Stat. 623.) § 1385. Subsistence payments. (a) The Secretary may enter into agreements, with each academy or college with which he contracts under section 1383 of this title to make payments, at a rate not in excess of $600 per academic year per student, to such academy or college, with respect to each student attending such academy or college. Such payments (1) shall be used to assist in defraying the cost of uniforms, books, and subsistence for such student, (2) shall commence to accrue on the day such student begins his first term of work at such academy or college, and (3) shall be paid to such academy or college in such installments as the Secretary shall prescribe, while such student is in attendance and until the completion of his course of instruction, but in no event for more than four academic years for any one student. (b) If the Secretary deems it advisable in the case of any such academy or college, he may, in lieu of entering into agreements with such academy or college for payments under this section, enter into such agreements directly with each student at such academy or college and make such payments directly to each such student. (Pub. L. 85-672, § 6, Aug. 18, 1958, 72 Stat. 623.) § 1386. Detailing of certain officers; compensation. When requested by the governor of any State or Territory, the President of the United States is authorized to detail, when in his opinion such detailing can be done without detriment to the public service, proper officers of the Navy or Coast Guard or United States Maritime Service instructors employed under the provisions of section 1126 of this title, as superintendents or instructors, or both, at maritime academies or colleges meeting the requirements of this chapter. Officers or instructors so detailed shall be compensated by the Federal agency ordinarily compensating them for service as such an officer or instructor. (Pub. L. 85-672, § 7, Aug. 18, 1958, 72 Stat. 623.) § 1387. Rules and regulations. The Secretary may establish such rules and regulations as may be necessary to carry out the provisions of this chapter. (Pub. L. 85-672, § 8, Aug. 18, 1958, 72 Stat. 623.) § 1388. Authorization of appropriations. There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this chapter. (Pub. L. 85-672, § 10, Aug. 18, 1958, 72 Stat. 624.) TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS 11. 12. Powers of Federal Communications Commission. 13. Violations; punishment; action for damages. 15. Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines. 16. Washington-Alaska Military Cable and Telegraph System; money transfers; portion of receipts withheld; bonds. §§ 1-6. Repealed. July 16, 1947, ch. 256, § 1, 61 Stat. 327. Section 1, R. S. § 5263, related to use of public domain. Section 2, R. S. § 5264, related to use of materials from public lands. Section 3, R. S. § 5266; acts June 19, 1934, ch. 652, § 601, 48 Stat. 1101; Mar. 6, 1943, ch. 10, § 6, 57 Stat. 12, related to Government priority in transmission messages. of Section 4, R. S. § 5267; act June 19, 1934, ch. 652, § 601, 48 Stat. 1101, related to purchase of lines. Section 5, R. S. § 5268; act June 19, 1934, ch. 652, § 601, 48 Stat. 1101, related to acceptance of obligations to be filled. Section 6, R. S. § 5265; act June 19, 1934, ch. 652, § 601, 48 Stat. 1101, provided that rights were not transferable. EFFECTIVE DATE OF REPEAL Section 3 of act July 16, 1947, ch. 256, 61 Stat. 327, repealing sections 1-6 and 8 of this title, provided that act July 16, 1947 should take effect on the tenth day following July 16, 1947. AUTHORITY OF FEDERAL COMMUNICATIONS COMMISSION; EFFECT OF REPEAL Section 2 of act July 16, 1947, ch. 256, 61 Stat. 327, repealing sections 1-6 and 8 of this title, provided: "Nothing in this Act shall limit the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended [chapter 5 of this title], to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications." § 7. Transmission of telegrams by railroads. CODIFICATION Section, act June 23, 1879, ch. 35, § 1, 21 Stat. 31, which was dependent upon and incorporated by reference in repealed sections 1-6 and 8 of this title which sections were repealed by act July 16, 1947, ch. 256, § 1, 61 Stat. 327, was omitted as obsolete. § 8. Repealed. July 16, 1947, ch. 256, § 1, 61 Stat. 327. Section, R. S. § 5269; acts Feb. 27, 1877, ch. 69, § 1, 69 Stat. 252; June 19, 1934, ch. 652, § 601, 48 Stat. 1101, related to refusal to transmit dispatches. Page 7837 EFFECTIVE DATE OF REPEAL Section 3 of act July 16, 1947, ch. 256, 61 Stat. 327, repealing sections 1-6 and 8 of this title, provided that act July 16, 1947, should take effect on the tenth day following July 16, 1947. AUTHORITY OF FEDERAL COMMUNICATIONS COMMISSION; EFFECT OF REPEAL Section 2 of act July 16, 1947, ch. 256, 61 Stat. 327, repealing sections 1-6 and 8 of this title, provided: "Nothing in this Act shall limit the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended [chapter 5 of this title], to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications." § 9. Subsidized companies required to construct and operate lines. All railroad and telegraph companies to which the United States has granted any subsidy in lands or bonds or loan of credit for the construction of either railroad or telegraph lines, which, by the acts incorporating them, or by any act amendatory or supplementary thereto, are required to construct, maintain, or operate telegraph lines, and all companies engaged in operating said railroad or telegraph lines shall, by and through their own respective corporate officers and employees, maintain, and operate, for railroad, governmental, commercial, and all other purposes, telegraph lines, and exercise by themselves alone all the telegraph franchises conferred upon them and obligations assumed by them under the acts making the grants as aforesaid. (Aug. 7, 1888, ch. 772, § 1, 25 Stat. 382.) CROSS REFERENCES Federal Communications Commission, jurisdiction of, see section 601 of this title. § 10. Equal facilities to connecting lines; discrimination in rates. Whenever any telegraph company which shall have accepted the provisions of sections 5263 to 5269, inclusive, of the Revised Statutes, prior to the effective date of the repeal of such sections, shall extend its line to any station or office of a telegraph line belonging to any one of said railroad or telegraph companies, referred to in section 9 of this title, said telegraph company so extending its line shall have the right and said railroad or telegraph company shall allow the line of said telegraph company so extending its line to connect with the telegraph line of said railroad or telegraph company to which it is extended at the place where their lines may meet, for the prompt and convenient interchange of telegraph business between said companies; and such railroad and telegraph companies, referred to in section 9 of this title, shall so operate their respective telegraph lines as to afford equal facilities to all, without discrimination in favor of or against any person, company, or corporation whatever, and shall receive, deliver, and exchange business with connecting telegraph lines on equal terms, and affording equal facilities, and without discrimination for or against any one of such connecting lines; and such exchange of business shall be on terms just and equitable. (Aug. 7, 1888, ch. 772, § 2, 25 Stat. 383; Sept. 3, 1954, ch. 1263, § 48, 68 Stat. 1243.) REFERENCES IN TEXT Sections 5263 to 5269, inclusive, of the Revised Statutes, referred to in the text, were formerly classified to sections 1-6 and 8 of this title, and were repealed by act July 16, 1947, ch. 256, § 1, 61 Stat. 377. AMENDMENTS 1954 Act Sept. 3, 1954, amended section to make it clear that the rights and obligations of companies which accepted benefits under former sections 5263-5269 of the Revised Statutes, which have been repealed, continue irrespective of the repeal. CROSS REFERENCES Federal Communications Commission, Jurisdiction of, see section 601 of this title. § 11. Powers of Federal Communications Commission. If any railroad or telegraph company referred to in section 9 of this title, or company operating such railroad or telegraph line shall refuse or fail, in whole or in part, to maintain, and operate a telegraph line as provided herein, for the use of the Government or the public, for commercial and other purposes, without discrimination, or shall refuse or fail to make or continue such arrangements for the interchange of business with any connecting telegraph company, then any person, company, corporation, or connecting telegraph company may apply for relief to the Federal Communications Commission, whose duty it shall thereupon be, under such rules and regulations as said commission may prescribe, to ascertain the facts, and determine and order what arrangement is proper to be made in the particular case, and the railroad or telegraph company concerned shall abide by and perform such order; and it shall be the duty of the Federal Communications Commission, when such determination and order are made, to notify the parties concerned, and, if necessary, enforce the same by writ of mandamus in the courts of the United States, in the name of the United States, at the relation of either of said communication commissioners. The commissioners may institute any inquiry, upon their own motion, in the same manner and to the same effect as though complaint had been made. (Aug. 7, 1888, ch. 772, § 3, 25 Stat. 383; June 19, 1934, ch. 652, § 601, 48 Stat. 1101.) TRANSFER OF FUNCTIONS All duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in the construction of their lines are imposed on and vested in the Federal Communications Commission by act June 19, 1934. See section 601 of this title. FEDERAL RULES OF CIVIL PROCEDURE Application, see Rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rules on this section, see note by Advisory Committee under Rule 81. § 12. Interference with liens of United States. In order to secure and preserve to the United States the full value and benefit of its liens upon all the telegraph lines required to be constructed by and lawfully belonging to railroad and telegraph companies referred to in section 9 of this title, and to have the same possessed, used, and operated in conformity with sections 9-15 of this title, it is made the duty of the Attorney General of the United States, by proper proceedings, to prevent any unlawful interference with the rights and equities of the United States under all acts of Congress relating to such railroads and telegraph lines, and to have legally ascertained and finally adjudicated all alleged rights of all persons and corporations whatever claiming in any manner any control or interest of any kind in any telegraph lines or property, or exclusive rights-of-way upon the lands of said railroad companies, or any of them, and to have all contracts and provisions of contracts set aside and annulled which have been unlawfully and beyond their powers entered into by said railroad or telegraph companies, or any of them, with any other person, company, or corporation. (Aug. 7, 1888, ch. 772, § 4, 25 Stat. 383.) CROSS REFERENCES Federal Communications Commission, jurisdiction of, see section 601 of this title. § 13. Violations; punishment; action for damages. Any officer or agent of said railroad or telegraph companies, or of any company operating the railroads and telegraph lines of said companies, who shall refuse or fail to operate the telegraph lines of said railroad or telegraph companies under his control, or which he is engaged in operating, in the manner herein directed, or who shall refuse or fail, in such operation and use, to afford and secure to the Government and the public equal facilities, or to secure to each of said connecting telegraph lines equal advantages and facilities in the interchange of business, as herein provided for, without any discrimination whatever for or adverse to the telegraph line of any or either of said connecting companies, or shall refuse to abide by or perform and carry out within a reasonable time the order or orders of the Federal Communications Commission, shall in every such case of refusal or failure be guilty of a misdemeanor, and, on conviction thereof, shall in every such case be fined in a sum of not exceeding $1,000, and may be imprisoned not less than six months; and in every such case of refusal or failure the party aggrieved may not only cause the officer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an action for the damages sustained thereby against the company whose officer or agent may be guilty thereof, in the district court of the United States in any State or Territory in which any portion of the road or telegraph line of said company may be situated; and in case of suit process may be served upon any agent of the company found in such State or Territory, and such service shall be held by the court good and sufficient. (Aug. 7, 1888, ch. 772, § 5, 25 Stat. 384; Mar. 3, 1911, ch. 231, § 289, 36 Stat. 1167; June 19, 1934, ch. 652, § 601, 48 Stat. 1101.) TRANSFER OF FUNCTIONS All duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in the construction of their lines are imposed on and vested in the Federal Communications Commission by act June 19, 1934. See section 601 of this title. |