Appeal from the Twelfth Judicial District.

The facts are stated in the opinion. The only portions of the Act of May 3d, 1852, material to the decision, are the first and second sections, as follows:

“ Sec. 1. The right and privilege is hereby granted to Oliver E. Allen and Clark Burnham, or them assigns, to construct and put in operation an electro-magnetic telegraph line from the City of San Francisco to the City of Marysville, by the way of the cities of San José, Stockton, and Sacramento, with the right of way over any lands belonging to this State, and on or along any streets, roads, or highways, or across any stream or streams; provided, they do not obstruct the same, and no person or persons shall be allowed to locate, or construct, or run any telegraph line, or any portion thereof, within a half a mile of the line or route selected by the said Allen & Burnham, or their assigns, except that when within half a mile of any incorporated city the proprietors of any similar line of telegraph may enter said city and depart therefrom, making their station therein within twenty yards of the station of said Allen & Burnham, or their successors, for the term of fifteen years; provided, that the said above named parties or their assigns, shall within eighteen months from the passage of this act, construct and put in operation a telegraph line from the City of San Francisco to the City of Marysville, by the way of San José, Stockton, and Sacramento; provided, also, that this act shall not prohibit the construction of local side lines. But lines shall not be constructed nor offices established so as to do business directly or indirectly between the cities aforesaid; but side lines may establish offices in said cities for the transmission of communications to and from the main line, t This line shall be bound to do the business of said lines, and to transmit all dispatches in the order in which they are received, under the penalty of one hundred dollars, to be recovered, with costs of suit, by the person or persons whose dispatch is postponed out of its order as herein prescribed; provided, however, that an arrangement may be made with the proprietors or publishers of newspapers for the transmission, for the purpose of publication, of intelligence of general and public interest out of its regular order; and, provided further, that preference may be given to Sheriffs and other civil officers for transmission of intelligence for the detection and capture of criminals.

“ Seo. 2. No existing law shall be so construed as to conflict or interfere with the provisions of this act; provided, that the owners of this line shall at all times conform to the present law of the State concerning telegraph companies, so far as it relates to the transmission of messages.”