Page:United States Statutes at Large Volume 30.djvu/449

 410 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 299. 1898. V°*·2*·P~”°· and posted as required by section six of an Act to regulate commerce V·>l·?5»I>·$55· as amended on March second, eighteen hundred and eighty-nine, and such rates shall be subject to revision and modification by the Secretary of the Interior. P¤w>e¤ <>fr¤i1r<>¤1¤ Sec. 3. That any railroad company whose right of way, or whose °‘"°"gh °““y°"“’ °°°‘ track or roadbed upon such right of way, passes through any canyon, pass, or defile shall not prevent any other railroad company from the use and occupancy of said canyon, pass, or dehle for the purposes of its road, in common with the road first located, or the crossing of other · —i¤m~fere¤c•> with railroads at grade; and the location of such right of way through any '“g‘“‘ "’“‘ls*“°‘ canyon, pass, or deiile shall not cause the disuse of any tramway, wagon road, or other public highway now located therein, nor prevent —r¤1¤¤¤¢i¤¤ of- the location through the same of any such tramway, wagon road, or highway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the location of such tramway, wagon road, or highway is necessary to permit the passage of such railroad through any canyon, pass, or dehle, said railroad company shall, before entering upon the ground occupied by such tramway, wagon road, or highway, cause the same to be reconstructed at its own expense in the most favorable location, and in as gvvgg em perfect a manner as the original road or tramway: Provided, That such W ’expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or deiile, and that where the space is limited the United States district court shall require the road first constructed to allow any other railroad or tramway to pass over its track or tracks through such canyon, pass, or deiile on such equitable basis as the said court may prescribe; and all shippers shall be entitled to equal accommodations as to the movement of their freight and without discrimination in favor of any person or ` Bemvlntivnofmigbt corporation: Provided, That nothing herein shall be construed as °°°"°h”g°°‘ depriving Congress of the right to regulate the charges for freight, passengers, and wharfage. mgggglgd Oyrlgvyé Sec. 4. That where any company, the right of wayto which is hereby aren. granted, shall in the course of construction find it necessary to pass over private lands or possessory claims on lands of the United States, condemnation of aright of way across the same maybe made in accordance Vol-13·p-M with section three of the Act entitled "An Act to amend an Act entitled vol. 12. p. 489- ¢An Act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two,’ " approved July second, {7*;;*% M0, W eighteen hundred and sixty-four: Provided further, That any such nm¤¤¤r§¤¤l)v¤y,¤Fe. company, by filing with the Secretary of the Interior a preliminary actual survey and plat of its proposed route, shall have the right at any time within one year thereafter, to file the map and profile of definite location provided for in this Act, and such preliminary survey and plat shall, during the said period of one year from the time of filing the same, have the effect to render all the lands on which said preliminary survey and plat shall pass subject to such right of way. c32f_Q2S 0* *l*“¤i°¤ le Sec. 5. That any company dcsirin g to secure the benefits of this Act ` shall, within twelve months after filing the preliminary map of location of its road as hereinbefore prescribed, whether upon surveyed or unsurveyed lands, file with the register of the land office for the district where such land is located a map and profile of at least a twenty·mile section of its road or a profile of its entire road if less than twenty miles, as definitely fixed, and shall thereafter each year definitely locate and file a map of such location as aforesaid of not less than twenty miles additional of its line of road until the entire road has been thus definitely located, and upon approval thereof by the Secretary of tho Interior the same shall be noted upon the records of said office, and thereafter all such lands over which such right of way shall pass shall be disposed of £_’;g;g€{® for my subiect to such right of way: Pro vided, That if any section of said road mmpxmen, em. shall not be completed within one year after the definite location of said