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Constitution of the German Empire (April 16, 1871)

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Section VII. Railways

Art. 41
Railways which are considered necessary for the defence of Germany or for the sake of common transport may, by virtue of a Reich law and even against the opposition of the members of the Federation whose territory is intersected by the railways, but without prejudice to the prerogatives of the country, be constructed on account of the Reich, or concessions to execute the works may be granted to private contractors, with the right of expropriation. Every existing railway board of direction is bound to consent to the junction of newly-constructed railways at the expense of the latter.

The legal enactments which have granted a right of denial to existing railway undertakings against the construction of parallel or competing lines are hereby, without prejudice to rights already gained, repealed for the whole of the Reich. Nor can such a right of denial be ever granted again in concessions to be issued hereafter.

Art. 42
The governments of the States bind themselves to manage the German railways as a uniform network in the interest of common transport, and likewise for this purpose to have all new railways which are to be made, constructed and fitted up according to uniform rules.

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Section VIII. Postal and Telegraphic Affairs

Art. 48
The postal and telegraphic affairs will be arranged and administered for the entire German Reich as uniform institutions for State intercourse.

The legislation of the Reich in postal and telegraphic affairs, as provided in Art. 4, does not extend to those objects, the regulation of which, according to the principles which govern the North German postal and telegraph administration, has been left to definitive rules or administrative directions.

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