Page:United States Statutes at Large Volume 44 Part 1.djvu/1410

 » § ggg TITLE 48.-PUB pany shah before entering upon the (round occupied by web · wagon rend, canm the `@e to be reeonstrmted at its own expense in the mwt favorable location, end ln ns perfect _• manner · as. the original road: Provided,. That such expenses shall be equitably divided between any number of railroad companies occupying and using the ssme mnyoa, pass or dedle; s (Mer. 8, 1875, e. 1&,.§ 2, 18 But. §@.) - _ · - {936. Cemematiu of private lam.-—Tm legislature of the proper Territory may provide "tor themanner ln- which private lends and wessory claims on the public lands ot the (United 1 States may be condemned; and where such provision shall not have been made, such condemnation rinay   rnade in accordance   section 3 of the act entitled "An Act to amcnd_ an  entitled ‘An Act to aid in the construction ot a railroad end telegram line from the Missouri River ’· to the Pacldc. Gcenn, and to secure to the Government the use ot the snme for postal, military, and other purposes, `approved July 1, 1862} ” approved July 2, 1864, (Mar; 3, 187§,' c. 152,] 3, 18, _Stat.4&.) -. J-. , c A .4 ` ` 937. Filing prohle of road; forfeiture of rlghtsrié-any railrmdt company desiring to secure the benedts ot sections 924, to $9, inclusive, shall, within twelve months after the location of any section. of twenty rnlles of its rmd, it the same be _ upon surveyed lands, and, it upon uusurveyed lands, within twelve months after the survey thereof by the United States, die svlth the register of the land omce for the district where snch land is located a prohle of its road; and upon approval thereof `by the Secretary of the Interior the same shall jbe noted upon the plats in said omce ;· and thereafter all such. lands over which such right of way s_ A ss shall be dland of subject -to_ such right of way Proqv ed, That it any section ot said road shall n be pleted ithln five Fears after the location ot said sec on, the rig herein granted shall be forfeited as to any _ suc! unc01npl' ted, section ot said road. -(MarQ 3, 1875,_c. 152, § 4,,18 Stat. 483.) 1 _ 938. Lands excepted.-The four preceding, sectionsj shall not apply to any lands within the limlts__ot any military, park, -0r Indian reservation, or other lands especially reserved from sale, such right of way shall be provided for by treatyé · stipulation ‘ or by Act. of Congress pa@d prior to March 8, (Mar. 3, 1875, ct 152, Q 5,18 Stat. 3183.) `· 939.  amwdment, or repeal.e—·Gongress. hereby reserves the 'right st  'to alter, amend, or repeal the ¤ve* or any part thereof. (Mar. 3, 1875, c. 152,.- §d,18Stat.&B3.),  ·‘ ‘· ,·. _ 1 1 ‘ Slo, Forfeitnre of rights- where railroad not constructed ln §ve years after location;····—Each and every grant of rightot way and station grounds made. prior to February 25, 1909, to any railroad corporation under the, six  sections, where such railroad hadnnot been constructed andthe Qperlod ot_ilvé_ years next following the location of said road, or any section thereof, had on that ‘ date expired, is declared fortelted to the United Statm, to the extent of any portion of such located then remainl@_ uncowtructcd,. and the 1`United States `resu es the full title to the lands covered thereby tree and from such easement, and the forfeiture declared _ shall, without ot further assurance or conveyance, inure to the beyit ot any owner or owners otlend conveyed by the*United B 'tes prior to such date subject tb any such grant oi! right ct way or station grounds: Pro@d, That no right of way on which construction was progressing in good faith; on February 25, 1909,‘shsl1 be in anywlw adected, validated, or invalidated, by the provisions ot this section. (June  1906, fc. 8550, 84 Stat, 482; Feb. 25, ww, c. 191, 85 Stat, 847.) ‘ _ ‘° ‘ r  941. Railroad statieufon rights of way granted.-—·A11 rail-· road com  les operating railroads through the Territories of the Unltgr States over. s. right of way obtained under any. grant or Act oi Congress giving to said railroad companlesthe


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right of way oyer the public lands- of the United States shall be required to establish and maintain passenger stations and freight depots at or within onedourth of a mile or the boundary s limits of all town sites establi@ed prior to August 8, 1894, tn said Territories on the line of said railroads by authority of.the.1nterior Department. (Aug. 8, 1894, c. 236, Q 1, 28 Stat. _ 942. Time for establishment of stations.-—Railroad companies mentioned. in the. preceding section are hereby required within three months after  _8, 1@·1, to establish at or within one-fourth of .s_ mile, of the boundary limits of all town sites provided for in the preceding motion, passenger stations, freight depots, and other accommodations necessary for receiving and discharging passengers and freight at snch points; and upon failure of mid companies to establish such stations and depots within ·said_ time said companies shall be liable to a line ot· $500 for each day thereafter until. said stations and depots shall be established, which shall berecovered in a suit brought by the United States ·in`°?t1he United ·States courts in any Territory through which said railroads may; pass, ;,(Aug.°8,_"1@4, c. 236, Q 2, 28 Stat. 263.), °.
 * 943. Right of way? for railroads; reserved lan& h Mmnesota.+All lands` in the `State of. Minnesota described in and

withdrawn from sale `by the proclamtions of the Prsident of the United States for the reason". that said. lands would be required for or subject to ilowage in the~construction· of dams, reservoirs, and other works proposed to be erected for the im· _proveme1it-of the navigation of the Mississippt River and certain ot its tributaries, are 'declaredpto be, and to have been at all times priorjito February 27, 1901, subject to provisions of sections 934 to 939, inclusive, as WBA!. effectually, and to the _ same extent as though said lands had not been described in said prbclamations, or withdrawn from sale thereby, but had" remained with the body of public lands subject to private entry and sale: Provided, however, That anyand all parts ot said lands acquired by_any railroad company under mid sections shall—at all times be subject to the right of dowage which at an tfine may become necessary in thetconstruction or maintenance of dams, reservoirs, or other works which may he constructed or erected by or under the authority ot the United States 150: thedmprovement of the navigation of the lliwissippi cRiver and its tributaries:  fartlia, That the railroad _companies_ `avalling themselves ot this section shall, in addition to tiling the maps required by law ou February. 27, 1901, ._to be Bled,. also ille maps of deiinite location With elevation ot rail ot their lines of railroad over said watemwrve lands in , the omce of the Secretary, o£—`War ; and no lodtion shall be permitted which takes for alright of way or stations or interferes with submergeixce- ot lands needéd for the useof the reservoir system, existing on February 27, 1901, or Yin the construction of damsor other works, or any proposed or probable extension ot the Mme, or which will obstruct or` increase the cost ot the , present or prwpective rmrvoir system: Provided farther, p That xthe plan for the location~and construction of any such Z railway, or any part thereof, shall be nrst submitted to the ·Secretary of.War and approved by him and by the Chief ot. ? Engineersot the United States Army. (Feb. 27, 1901, cl 614, 31 Stat,815.). ‘ · G - ‘ · A Y 944. Right of way m Oklahoma and Arizgna;-·Where, under sections 934 to 939, incluslvey or under special Acts of Con- O gress, or under. the laws ot the former 'Ierritorles ot Okla- · p homo. and Arizona, railroads have been constructed and were l on June 30. 1906, in operation in Oklahoma or Arizona which ]· passed through any ot the lands theretotore reserved for said i Territories, jsuch lands shall be disposed of subject ”_ to_ such railroad right or easement, but only to the extent ot the right I of- way conferred by the said sections for such railroad purposes. (June 20, 1906, c. 8548, 34 Stat. 481.) > ‘ c