Page:United States Statutes at Large Volume 44 Part 1.djvu/1607

 1593 www 48.--TERRITORIES ANL part thereof, to tide land; and beds of any bf lt; navigable ag wagers, or the right of such State torcgulatc the usc thereof, m nor the right of the United States to resume ·p0ssession of such "te 1a¤.as,'l¢ being declared that all such rights shall continue to_ bg tc held by the United Stata "iu, trust for the people ot any Stat;. rc br States which may hereafter be erected out ot said Territory, ci Tue tcrm.“ uaviéable ’W3t€1'S," asthereiu used, shall bc held to xp include all tidal waters up to the liucof brdimu·y— high tide and d· all x10¤tid§l’wqtcbs·. navigable inlaict up to the line of ordinary tl high-water mark. All chaigcs ifor the transportation ot freight A and passengers on- rail·cads' inj Alaska sha11— be printed lapd. cl posted  required by section 6_ 01 Title 49, andtsuch rates shifll - tc be subject to revision and modmcation [by the Secretary of the tc Ihtcricrt (Mlm 14,* 1898, c.~299, § 2, 30 Stat. 409.) ‘· · .. uz 412. Rights of sevcril roads through canyons.-—·Any railroad _ 01 company whose right of way, or whose track or roddbed upon — p such tightlot way, passes through any canyon, pass, or deiile d1 shall not prevent a¤y_ ether; railroad company from V the use gz and occupancy of said canyon, _ paés, or dcdlc for the purposes `ez of its road, imcommong with the r0ad· drst located, ·0r the p crossing of other rauicads dat grade ;` and the location ot such · c< right ot way through ani canyon, pass, o1·__ dciile shall not pa cause the diausccf any trnmway, wagon- road, or other public al highway now located therein, nor prevcntsthe location through tx the same ot any such tramway, wagon road, or highway where 5, such tramway, wagon road, or highway may bc necessary fof tw the public accommodation; and where anyc change in the loca- c· ti0r1"0f such tramwny, wagon road, ori highway is necessary `pw to permit the passage oi such railroad through guy canyon, tc pass, cr dcdlc; séid m"ilx·oad company slagll, 'bctorc entering. a1 upodcthe ground pccupicd by ’such tramway, wagon road, orw p highway, causé the same to_ bc reconctructedfat its. own cx»· tl pence in the ximst favémblc location, and_i¤`qs perfect a jxgan- t tb ucr as, the original mad or < tramwayzy Pvjuvidcdy That such ·a expénsm chali bc equitably divided between any number of ev railroad compauim occupying and uslnga the same canyon, pasé, I crfdcmc, and that where the space ip limited the United Simca tl district court shall require the road Brct constructed to allow él any other railxwd or tramway to pass cya: its traclgor tracks c through such canyon, pass, cr détile tm sucky cquitablé basis as l p the scid court may pimcribc; and all shippcm shall M entitled { to· eqdnl acccmmodatlcnsi ns. tc the movement od their ttreight ¤ and witheut d£sc:im.ixmtion in favor ct shi person or ccrp~0i·a~ a ticn.: Provided, That nothing herein shall bc ccmitrued as dc·‘ p priving Ccngrms ot the right to regulate the charms-M for irdght, g passengers, and cvhértmc, (May .14, 1898, c. 299, '} 3,,30 Stati g .419-) .. -·  `_ ‘ c_   as Y_ 413. ci lnnd.-·-—Whcm my Zmmpauy, tm right: c c of way to which is granted by cgcctious 411 to 419, 421. 42% and. 461 to 465 ·cf this title. shall in  bonlrscot cozistguctixm had it C ¤c<:¤¤s¤ry tc pass over private landn or  :>=»» ·  ¢1’a.lIm` on la lands at the United States; ccudcmpéticn ct s right at war z acmcs the smc my bcmadc hi the following mcxmcr: In ccasc q the owner or claimant ct 'such land.: cli Premium a,11d auch com- p may can nctcgrco as to the   thq-`"amoupt {hall hc ‘d determined by the appmiial of three disinterested cémmiuicm- ‘g crc, who my hc . appointed updu spplicatlm by my. party tc 11 any judge ct •. court ot mccrd in my ct mc ’.t‘cxrltcrle4_i:: which M 1: the lands or pwlk tc be takcn llc; and said ccwmloncrit E iuithelr      cum or dwgcs, shall appraise mcc prcmtm at what would ham   thé value   it the mad had mt s tmc built; and umu   into ccm·t‘—ct auch nmrslismnt, 4 md cpan the paymcutctc the deck thereof of tht gmbuét N t awarded by the mmmlmcnm tcl- the   ud bcwt at the 5 0WB%1"¤1¢l.‘G6f,·!81d     bc   to be   lz) 1 {said company, which shall thereby ncquim full tim to  k same tc: the purpmcs niormld. ·     aggrieved by saidisscment may, withlg -  c days, Me In 1

» zwsvpm possusszows § 415 ppoal therofrom, and demand a jury of twelve mon to esti· Late the damage sustained; but such appeal Shall not interere with the rights of paid company to. enter upon the premises nken,.o1·‘ to do any aét. necessary in the construction of its md, And said party appealing shall give bonds with sumout surety OY Suretiés; for the payment ot miy costs that nay arisg upon such appeal, Ahd lu case the party appealing oes not obtain a more favorable verdlot, suchu party shall pay ` no whole ncost incurred by the appellee, as well as its own. nd thé l payment into court for the use of tho owner or laimsmt, of a sum equal- to that Enally owardod shall be held >_ vest in said company the title ot said land, aid the right > use and oocupy the same for the construction, maintaining, nd opgmting of the road ot said company, And in case any fthe lands to be taken 'as aforesaid shall be held-by `any arson residing without the Territory, otiéubject to any `legal isabi1ity,·the court, may appoint! a fimpor person who shall ive bondé with simicient surety or suretiés, for the faithful xecuticn ot his trust, and who may represent in » court the arson disqualitled or absent as aforesaid, whoa, thé same proeeding shall be had in reference to tho appmisemont ot the romises to be taken, and with the some ettoot as lm; been lrezidy· described And the title ot the company to tho. land aliéu by.virtue oi this section shall not be affected not impaired {reason ot any failure by ?y guardian to discharge iaithuily his trust. 'And in case i shall be necessary for the said. ompany to enter upon lands which sro unoccupied, md" of which there is.no apparent owner or grlalmant, it may proceed > take and use the same for tho purpose ot lm sold railroad, nd may institute proceedings in the maxmert described for the urpoqe of gscertainius the value; ol, md ocquirixig a title to, no same: 8.11d·£h8 court `may determine thé` kmd or notice to o served on such owner or owners, and may in its discretioo ppoiht an agent or guardian to ,roprwont·‘such owuér or wuors in éaso of his or their `incopnolty or uomwonranco. hilt in com no élolmzmt pholl ww: within six years from the me ot tho opening ot said road across any land,,§ll.ol¤lms to Lamagos  said `qombany éhall be barred. It shall, bo ompetont for the leg! guardian of my inmnt, or my other moon under guardianship, to was with tho~ mid   as o dam@ sustal.ned_by, rmson ottlgs   of any lands »t may   person node: dlubllity, as gtormld, fog. tho .s ¤tox·osn1d;_md upon such agreement- being made, and no »rovod·by the court havin: mwvmm M tho omm acts ot nid guazjdino,  said ioardlnn   have full power to make nd oxeouto (, conveyaimo thereof to tho sold oompgny which hall vm tu title thereto in tlwsaid ’oomp•¤y.` ( J¤1!_2. 1%;,,  5 8, 18 $tnt. 857; Hnyili,  o. H9, ‘§ 4,-39 Sint. $10.) 414. Elm of Min:  mrvey.-Amr   monlomd in- soctiom 411 to.Q9, 4%       ot this title, ·y—¤l1n¢ with that   to  wth: Interior a preliminary actual urvoy and plat o§ its   moto`,   hmm tho rigot at ny time ylthin om your   to me   mp nod pmmo I qlemltgm loondon and   p&i¤.nry mrvey and plot shall luriog the said WIN oi MQ Har fromé tho time of ming tlio como howto tho odoct to monde: all tho I§.¤d§ on which sold pmlmlnsry survey and plat shall   subject to the right ot way nantionod   in section 413, (Maj 14,- 1898, 4:.*2%, Q 4, 30 itat, 41Q.') ; · · “ ‘ 415. Map of loontiog: forfoiturc of rights.-yang campus? do to socuro the bouohts ot aoctiom 411 to 419, 4,21, 4%, md gm to   lo! this two ihall, within twolvomooths, nftok Elms he prolimlmxzy mop ot locotiona ot. its rom my nomlnbetoro  whothéar upon surveyed or vwmrvoyod lomls; Bio with the   oi tho land omoo for tho district when snob wd in   A soap and promo opot toast a twomrmllo `soc—· lon otlw mad or an promo ot its entire road it loss thm; twenty- niloh. as dognitoly Amd; nhé shall thorwttor oooh you do§- ·