By an act of Congress approved July 7, 1838 [5 Stat. at L. 271, chap. 172] and by cubsequent acts (March 3, 1853, 10 Stat. at L. 225, chap. 146; Rev. Stat. § 3964, U.S.C.omp. Stat. 1901, p. 2707; June 8, 1872 [17 Stat. at L. 283, chap. 335,]) railroads within the limits of the United States were made post routes or roads.
By act of March 1, 1884, it is provided 'that all public roads and highways, while kept up and maintained as such, are hereby declared to be post routes.' 23 Stat. at L. 3, chap. 9, U.S.C.omp. Stat. 1901, p. 2708.
'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any telegraph company now organized, or which may hereafter be organized under the laws of any state in this Union, 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 act of Congress, and over, under, or across the navigable streams or waters of the United States: Provided, That 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. And any of said companies shall have the right to take and use from such public lands the necessary stone, timber, and other materials for its posts, piers, stations, and other needful uses in the construction, maintenance, and operation of said lines of telegraph, and may pre-empt and use such portion of the unoccupied public lands subject to pre-emption, through which its said lines of telegraph may be located, as may be necessary for its stations, not exceeding forty acres for each station; but such stations shall not be within fifteen miles of each other.
'Sec. 2. And be it further enacted, That telegraphic communications between the several departments of the government of the United States and their officers and agents shall, in their transmission over the lines of any of said companies, have priority over all other business, and shall be sent at rates to be annually fixed by the Postmaster General.
'Sec. 3. And be it further enacted, That the rights and privileges hereby granted shall not be transferred by any company acting under this act, to any other corporation, association, or person: Provided, however, That the United States may at any time after the expiration of five years from the passage of this act, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects of any or all of said companies 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. 4. And be it further enacted, That before any telegraph company shall exercise any of the powers or privileges conferred by this act, such company shall file their written acceptance, with the Postmaster General, of the restrictions and obligations required by this act.'