Climatic, etc., conditions. Annual report. etc. of the consular sanitary reports and other pertinent information received by him, and shall also, as far as he may be able, by means of the voluntary co-operation of State and municipal authorities, of public associations, and private persons, procure information relating to the climatic and other conditions affecting the public health, and shall make an annual report of his operations to Congress, with such recommendations as he may deem important to the public interest. Rules to secure SEC. 5. That the Secretary of the Treasury shall from sanitary condi tions of vessels, time to time issue to the consular officers of the United States and to the medical officers serving at any foreign port, and otherwise make publicly known, the rules and regulations made by him, to be used and complied with by vessels in foreign ports, for securing the best sanitary conditions of such vessels, their cargoes, passengers, and crew, before their departure for any port in the United States, and in the course of the voyage; Inspection, etc., on arrival. to and all such other rules and regulations as shall be observed in the inspection of the same on the arrival thereof at any quarantine station at the port of destination, and for the disinfection and isolation of the same, and the treatment of cargo and persons on board, so as to prevent the introduction of cholera, yellow fever, or other contagious or infectious diseases; Vessels and it shall not be lawful for any vessel to enter said enter only upon health officer's port to discharge its cargo, or land its passengers, except certificate. upon a certificate of the health officer at such quarantine station certifying that said rules and regulations have in all respects been observed and complied with, as well on his part as on the part of the said vessel and its master, in respect to the same and to its cargo, passengers, and crew; Master to de customs and the master of every such vessel shall produce and liver papers to officer. deliver to the collector of customs at said port of entry, together with the other papers of the vessel, the said bills of health required to be obtained at the port of departure and the certificate herein required to be obtained from the health officer at the port of entry; Bills of health, and that the bills of health herein prescribed shall be force and effect. considered as part of the ship's papers, and when duly certified to by the proper consular or other officer of the United States, over his official signature and seal, shall be accepted as evidence of the statements therein contained in any court of the United States. Infected ves nearest quaran SEC. 6. That on the arrival of an infected vessel at any sels to be sent to port not provided with proper facilities for treatment of tine station. the same, the Secretary of the Treasury may remand said vessel, at its own expense, to the nearest national or other quarantine station, where accommodations and appliances are provided for the necessary disinfection and treatment of the vessel, passengers, and cargo; Certificate and after treatment of any infected vessel at a national after treatment. quarantine station, and after certificate shall have been given by the United States quarantine officer at said station that the vessel, cargo, and passengers are each and all free from infectious disease, or danger of conveying the same, said vessel shall be admitted to entry to any port of the United States named within the certificate. Local tine. quaran. ence of conta But at any ports where sufficient quarantine provision has been made by State or local authorities the Secretary of the Treasury may direct vessels bound for said ports to undergo quarantine at said State or local station. SEC. 7. That whenever it shall be shown to the satisfac- Immigration may be suspendtion of the President that by reason of the existence of ed during exist cholera or other infectious or contagious diseases in a for- gious diseases. eign country there is serious danger of the introduction of the same into the United States, and that notwithstanding the quarantine defense this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce the same is demanded in the interest of the public health, the President shall have power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate and for such period of time as he may deem necessary. SEC. 8. That whenever the proper authorities of a State for use of State Compensation shall surrender to the United States the use of the build- buildings, etc. ings and disinfecting apparatus at a State quarantine station, the Secretary of the Treasury shall be authorized to receive them and to pay a reasonable compensation to the State for their use, if, in his opinion, they are necessary to the United States. National Board SEC. 9. That the act entitled "An act to prevent the intro- of Health abolduction of infectious or contagious diseases into the United ished. Repeal of 1879, States, and to establish a national board of health," ap- Mar. 3, ch. 202 (1 proved March third, eighteen hundred and seventy nine, be, and the same is hereby, repealed. And the Secretary of the Treasury is directed to obtain possession of any property, furniture, books, paper, or records belonging to the United States which are not in the possession of an officer of the United States under the Treasury Department which were formerly in the use of the National Board of Health or any officer or employee thereof. Supp. R. S., 261). property of, to be obtained. Mar. 3, 1883, v. 22.p.613. Sundry The President of the United States is hereby authorized, in case of a threatened or actual epidemic, to use a sum, civil act. not exceeding one hundred thousand dollars, out of any money in the Treasury not otherwise appropriated, in aid of State and local boards or otherwise, in his discretion, in preventing and suppressing the spread of the same and maintaining quarantine at points of danger. Mar. 3, 1893. Permanent ap demics, to be ex [Par. 7.] The President of the United States is hereby authorized, in case of threatened or actual epidemic of Chap. 208. cholera, yellow fever, or smallpox, to use the unexpended propriation for balance of the sums appropriated and reappropriated by preventing epithe sundry civil appropriation act approved August fifth, pended in discre eighteen hundred and ninety-two, or so much thereof as tion of President, may be necessary, in aid of State and local boards, or otherwise, in his discretion, in preventing and suppressing the See notes 2 and 3. spread of the same; and in such emergency in the execution of any quarantine laws which may be then in force, and the additional sum of nine hundred thousand dollars is hereby appropriated for the same purpose to be immediately available. Title 64. June 15, 1866. * Note 2.-This act reappropriated the unexpended balance of a former appropriation and $100,000 additional (27 Ŝtat. L., 367). Note 3.-Very important changes in the quarantine laws are made by 1893, Feb. 15, ch. 114, p. 82. See the notes thereon. SEC. 5258. Every railroad company in the United States, Interstate Whose road is operated by steam, its successors and assigns, communication. is hereby authorized to carry upon and over its roads, 98. 1, 2, v. 14, p.66. boats, bridges, and ferries, all passengers, troops, government supplies, mails, freight and property on their way from any State to another State, and to receive compensation therefor, and to connect with roads of other States so as to form continuous lines for the transportation of the same to the place of destination. But this section shall not affect any stipulation between the Government of the United States and any railroad company for transportation or fares without compensation, nor impair or change the conditions imposed by the terms of any act granting lands to any such company to aid in the construction of its road, nor shall it be construed to authorize any railroad company to build any new road or connection with any other road without authority from the State in which such railroad or connection may be proposed. And Congress may at any time alter, amend, or repeal this section. Secretary of the Treasury to withold pay railroads. SEC. 5260. The Secretary of the Treasury is directed to withhold all payments to any railroad company and its ment to certain assigns, on account of freights or transportation over their Mar. 3, 1873, s. respective roads of any kind, to the amount of payments 2. v. 17, P.-508; made by the United States for interest upon bonds of the United States issued to any such company, and which shall not have been re-imbursed, together with the five per centum of net earnings due and unapplied, as provided by law. June 22, 1874, v. 18, p. 200. Companies may sue in Court of Claims. SEC. 5261. Any such company may bring suit in the Court of Claims to recover the price of such freight and Mar. 3, 1873, s. transportation, and in such suit the right of such company to recover the same upon the law and the facts of the case 2, v. 17, p. 508. See note 1. Note 1.-An act approved July 12, 1876, chap. 179, v. 19, p. 78, regulates compensation for carrying mails over land-grant roads. An act approved March 3, 1879, chap. 183, v. 20, p. 410, provides for the adjustment of accounts, for transportation of the Army, etc., by certain railroads, subject to the provisions of this section. An act approved June 19, 1878, chap. 316, v. 20, p. 109, established the office of Auditor of Railroads and contains sundry provisions relative to his duties, etc. The second section of the act of May 7, 1878, chap. 96, v. 20, p. 56, provides that the Actual travel district attor R. S., secs. 74, shall be determined, and also the rights of the United States upon the merits of all the points presented by it in answer thereto by them; and either party to such suit may appeal to the Supreme Court; and both said courts shall give such cause or causes precedence of all other business. [Par. 1.] That hereafter only actual travelling expenses Mar. 3, 1875. shall be allowed to any person holding employment or 18 Stat. L.,452. appointment under the United States, except marshals, dis- Supp. R.S., p. 81. trict attorneys, and clerks of the courts of the United ing expenses States and their deputies; and all allowances for mileages and employees, only to officers and transportation in excess of the amount actually paid, except marshals, except as above excepted, are hereby declared illegal; and neys, and clerks no credit shall be allowed to any of the disbursing-officers of courts. of the United States for payment or allowances in violation of this provision. * * [Par. 2.] That no money shall hereafter be paid to any railroads not to railroad company for the transportation of any property or be paid for transtroops of the United States over any railroad which in whole or in part was constructed by the aid of a graut of public land on the condition that such railroad should be A. a public highway for the use of the Government of the United States free from toll or other charge, or upon any other conditions for the use of such road, for such transportation; nor shall any allowance be made for the transportation of officers of the Army over any such road when on duty and under orders as military officers of the United States. 1273, 1289, 1290, 1566, 3157. portation of property, troops, officers, etc., of the United States. 20 G. Op., p. 11. Aug 5, 1882, ch. 390, par. 1 therefor in Court R. S., secs. 707, But nothing herein contained shall be construed as pre- may bring suits venting any such railroad from bringing a suit in the Court of Claims with of Claims for the charges for such transportation, and re- right of appeal. covering for the same if found entitled thereto by virtue of 708, 1059. the laws in force prior to the passage of this act; provided 23, 160C 125 that the claim for such charges shall not have been barred by the statute of limitations at the time of bringing the suit, and either party shall have the right of appeal to the Supreme Court of the United States; 428; Opins.,605 exempt from And provided further, That the foregoing provision shall certain roads not apply for the current fiscal year, nor thereafter, to roads these provisions. where the sole condition of transportation is that the com whole amount of compensation due to certain railroads therein mentioned, for services rendered to the Government, shall be retained by the United States, one-half thereof to be applied to the liquidation of the interest paid and to be paid by the United States upon the bonds so issued by it to each of the corporations, and the other half to be turned into the sinking fund provided for in said act. An act approved June 22, 1874, chap. 414, vol. 8, p. 200, directed the Secretary of the Treasury to require payment of the railroad companies of all sums of money due, or to become due, the United States for the five per centum of the net earnings provided for by the act of July 1. 1862, chap. 120, v. 12, p. 489, or by any other acts, for the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and in case of their refusal to pay, to certify the fact to the Attorney-General for suit. Note 2.-This provision, without the word "hereafter," and without the exception appearing herein, first appeared in 1874, June 16, ch. 285 (18 Stat. L., 72). It is thus superseded by this act, and is consequently omitted from this volume, although amendments made by 1875, ch. 95, and 1876, ch. 159 (cited below), refer to the act of 1874 instead of to this act. Changes of law are made by 1875. Feb. 20, ch. 95, sec. 7, ante, p. 66, allowing mileage to judicial officers, as in this act; 1876, June 30, ch. 159, par. 1, allowing mileage to naval officers (amended by 1882, Aug. 5, ch. 391, par. 5, repealing mileage for travel abroad); and 1876, July 24, ch. 226, sec. 2, allowing mileage to army officers, regulated by 1883, Mar. 3. ch. 93, par. 2; 1890, June 13, ch. 423, par. 7 (see note thereto), and 1890, Sept. 19, ch. 907, sec. 15; and 1878, June 11, ch. 181, sec. 1, and 1879, Feb. 14, chap. 68, par. 2, allowing mileage to Board of Visitors to Military and Naval Academies. Supp. R. S., v. of the Navy and March 3, 1879, pany shall not charge the Government higher rates than they do individuals for like transportation, and when the Quartermaster-General shall be satisfied that this condition has been faithfully complied with. That the provisions of the clause contained in the Act Transportation of Congress approved March third, eighteen hundred and Marine Corps on seventy-nine, authorizing the Secretary of the Treasury to aided railroads. make such entries upon the books of the Department as ch. 183, par. I will 5 carry to the credit of certain railroad companies Supp. R. S., named in said Act amounts earned or to be earned by them during each fiscal year on account of transportation of the Army and transportation of the mails be, and the same are hereby, extended and made applicable to the transportation of the Navy and the Marine Corps. 254). See note 1. Title 65. transmission of 2, v. 14, p. 221; * 5269. Penalty for refusal to transmit dispatches. Act June 23, 1874. Destroying telegraph lines. Act Feb. 4, 1874. Departmental telegraph. SEC. 5266. Telegrams between the several Departments Government to of the Government and their officers and agents, in their have priority in transmission over the lines of any telegraph company to messages. which has been given the right of way, timber, or station July 24, 1866, 8. lands from the public domain shall have priority over all June 8, 1872, 8.17, other business, at such rates as the Postmaster General shall v. 17, p. 287; June 10, 1872, s. 1, v. 17, annually fix. And no part of any appropriation for the sev p. 366, eral Departments of the Government shall be paid to any company which neglects or refuses to transmit such telegrams in accordance with the provisions of this section. See note 2. Government entitled to pur chase lines. July 24, 1866, s. 3, v. 14, p. 221. Acceptance of obligation to be filed. Ibid., s. 4. SEC. 5267. The United States may, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects of any or all companies acting under the provisions of the act of July twenty-fourth, eighteen hundred and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or under this Title, at an appraised value, to be ascertained by five competent, disinterested persons, two of whom shall be selected by the Postmaster-General of the United States, two by the company interested, and one by the four so previously selected. SEC. 5268. Before any telegraph company shall exercise any of the powers or privileges conferred by law such company shall file their written acceptance with the Post Note 1.-See various provisions relating to naval accounts: R. S., §§ 283, 3673, 3676, and 3678; 1878, June 19, ch. 312 (1 Supp. R. S., 194); 1889, March 2, ch. 371 (1 Supp. R. S., 678); 1891, March 2, ch. 494 par. 1 (1 Supp. R. S., 900); 1893, March 3, ch. 212, par. 5, ante, p. 130; 1896, June 10, ch. 399 (29 Stat. L., 370). Note 2.-The Postmaster-General in his circular fixing rates for the fiscal year end ing June 30, 1883, says: "All officers of the United States Government should indorse upon official messages transmitted by them the words 'official business,' and should report to the Postmaster-General any charges in excess of the rates.' (See Op., XIV, 63, 123, 173, 313; XVI, 353; XV, 354, 579, regarding the transmission of messages over lines.) |