§ 13. — Violations; punishment; action for damages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC13]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 1--TELEGRAPHS
Sec. 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, Sec. 5, 25 Stat. 384; Mar. 3, 1911, ch. 231,
Sec. 289, 36 Stat. 1167; June 19, 1934, ch. 652, Sec. 601, 48 Stat.
1101.)
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 Mar. 3, 1911.
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 June 19, 1934. See section 601
of this title.
Section Referred to in Other Sections
This section is referred to in sections 12, 15, 601 of this title.
