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Title 47 — Telecommunications

Chapter 1 — Telegraphs

§ 13. Violations; punishment; action for damages

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 50–772 § 5 · 25 Stat. 382

    Enacted · 47 U.S.C. § 13

    Aug. 7, 1888, ch. 772, § 5, 25 Stat. 384

    Source evidence

    Code source credit
    Aug. 7, 1888, ch. 772, § 5, 25 Stat. 384

    Enacted provision · exact public law section
    Sec. 5. That any officer or agent of said railroad or telegraph Punishment for refusing to obey law, etc. 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 directed in this act and by the acts to which it is supplementary, 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 Interstate Commerce 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 not exceeding one thousand dollars, 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 Actions for damages. 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 circuit or 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 Process. Contracts, etc., to be filed with Interstate Commerce Commission. 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.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

Words “circuit or” which preceded “district court” were omitted in view of the abolition of the circuit courts and the transfer of their jurisdiction to the district courts by act .

Statutory Notes and Related Subsidiaries

Transfer of Functions

Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act . See section 601 of this title.

Credits

1888–1934 · 3 acts
  1. 1888Aug. 7, 1888, ch. 772, § 5, 25 Stat. 384
  2. 1911Mar. 3, 1911, ch. 231, § 289, 36 Stat. 1167
  3. 1934June 19, 1934, ch. 652, § 601, 48 Stat. 1101.
Show as published

(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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc47.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t47/s13