Page:United States Statutes at Large Volume 44 Part 1.djvu/1608

. \ ` ‘ \ J § 416, _» `1’ITLB·48.—eTERRITORIESf A nltcly locate and lll map of such location as afo@id ot not less than twenty 111%; additional of its line ot road untill the · entire road has been thus dennitely located, and upon approval thereoto by the Secretary of the Interior the game shall be noted upon the records of said omce, land ·thereatter· all sn&_ lands over which jsuch right of way shall pass shall be. dis- i posed of subject to such right of way? Pr0·uidod,_`1‘hat  any "eect:ion· ofsaid road shall not be completed within one year, after the dennltef location ot said section so approved, or lt the map of deilnite location be not illed within one year es herein required, or if the entire- roaddshall not be cornpleted within tour years- from the Bling of the map of dednite Twaition, the rlghm herein granted shall Lbe Iorfelthd as to any such jmcompleted section of said road, and thereupon shall `/rieverlz _ to the United States yvithout further action or declarai tion, the notation of such nncompleted Z-section npon the records of the land oillce shall ‘ be canceled, and the reservations of such lands. for the purposes of said right of way, stations, and terminals _ shall cease and become null and void . without further action. (May 14. 1898, c. 299. i 5. 30__ Stat- - ·— 410.) 1 — p - · e _ ° _‘ ._-. ‘ 416. Right of way for wagon roads, wire rope, jserial or other tinmwaye; rreservations; tolls; liens.-¢-The Secretary lot the Interior is authorized to issue a_ permit, by instrument in `_ writing, in conformity with and subject to the restrictions herein contained, unto any responsible person, company, or ,c@oration, for a fright, ot way ,over the public domain in — Alaska,. not to exceed one hundred feet in width, and 'ground for station and other necessary purposes, not" to exceed ilve acres for each station for each ilve miles ot, road, to construct wagon roads and wire rope, aerlal, or other tramways, and _ the privilege of taking all necessafy Piaterlal from the public 04 domain in eald district for the construction of such wagon roadsor tramways, together with the right. subject to S\1I$€1*— ylsion and at rates to be approved by `sald Secretary, to levy and collect toll or freight and passenger charges on passen-· gers, animals, freight, or vehicles passing over the samefor _ a period not exceeding twenty years, and said Secretary is also authorized to sell to the owner or. owners ot any such wagon road or tramway, upon the completion thereof, not to exceed twenty acjres of public land at each `terminus at $1,25 pei acre; such lands when located at or `near tide water not to extend `more than forty rods in 'widtho along the shore line and the ‘ tltle thereto to be upon such expressed conditions as ln his _ judgment may be necessary toprotect thepubllc interest, and all minerals, including coal, ln such rlghtj of way or station l - grounds shall be reserved to the United States: Provided, That auch lands may be located concurrently {with the line of such road or trnxnway, and the plat of preliminary surrey and the map not fdggnlte location shall be. Bled as in the case ot rail-- .roada and subject to the same conditions and llmitations: Provided further, That, such rlghteot way_and privileges shall only be enjoyed by or granted to citizenstof the United S ates or companies or corporations organlzedunder the lawskt a_ Eltate or Territory; and such rights and privileges shall be eld subject to the right of Congress to alter,j amend, repeal, or ` grant_eqnal”rlghts to others on contignons or parallel routes. n.nd9no right to constructa wagon road on which toll may be collected shall the granted hmlessfit shall mst be made to appear to the satisfaction on the Secretary lot the Interior that the pt;b1 l·c` convenience requlres the construction ot shch proposed road, and that-the expense ot making the same- available andrconvenlent; for pnbllc travel will not be less on an average 1 _ than $00 per mile: Provided, That it the proposed line oi road l in any case shall be located over any road or trail in common 1 use for. public travel, the Secretary of the Interior shall decline _. to grant such ’rlght or way,,if, in his opinion; the interests or the public would be injuriouely adected thereby; Nor shall 1

ND 11vsvz..u;· rossnsszows _ _ -1594 any right to collect toll upon any wagon road. in Alaska be granted or inure to’ any person, corporation, or compamv until it shall be made to appear to the satisfaction ot mid <Secretary’ ,that‘~at lemma average or $500 per mile-has beeniactually expended in constructing `such road ;.'  are prohis. ited from collecting or attempting to cotleettoll over any wagon l road ln Alaska, unless such person or the· company; or person ~ for whom he acts .shall_¤fthe time and place the collection ls made or attempted to be made possess written authority, signed by the Secretary fof, the Inferior, authoristnk the col. dection and specitylnfthe rates) ot toll: Provided, That ae- . curate printed copies of said written authority from the Sec- `retary of the Interior, including toll, freight; and passenger charges thereby .approved,‘ shall be kept constantly and conspicuously posted at. each- Station where toll is demanded. or Q collected.  And any person, corporation, orrcompany collecting or- attempting to collect toll without such- written. authority from the Secretary ot the Interior, or failing tokeep the same\< posted as herein required, shall be deemed guilty ot a mis- · demeanor, and on conviction thereof shall [bg sned   each offense not less than $50 nor more than $500, and in default ot payment ot such ilne and   or prosecution. shall be imprisoned 1¤·=`jau not exceeding ninety days, or until such ine and costs of prosecution shall hare been paid. »’ ” . { a Any person, corporation, or ~ comwny qaalldegl 1.to construct at wagon road or tramway under the `provisions o! this section th may prior to May ..14, .1898, have constructed not less {N2: one mile of road, at a cost of not lex than $500 per mile, or one·halt mile of tramway at afcost of not less than _ $500, shall have the prior right to apply for such; right ot way » and for lands at stations and terminals and to obtain the same) pursuant to the provisions . of this section over and alex the line hitherto constructed or actually being improved Zby the _ applicant, including whahres connected therewith. elf any party  ~ to whom license has been éranted to construct such wamn road or tramyvay shall, for the period of one yar, fall, negleigt, or refuse to complete thesame, the rights herein granted shall be forfeited as to any such uncompleted section of said wagon road, or tralnway, and thereupon shall revert to the. United States without further action or declaration, the notation ot such uncompleted section uponr the records of- the land otllce shall be canceled, and the reservations ot such lands for the purposes of said rightot way shall- cease and become null and voidwithout further action. And lf such road or tramws " shall not be kept in good condition for use, the Secretary ot the-Interior may prohibit the collection 01* toll thereompendlng the making of necessary repairs; All mortgagesexecnted by any companyacquirlng a, right ot way nnder this sectiontnpon anyhportion of its roatl that may be constructed in Alaska, shall be recorded with the Secretary of the Interior, and the record thereof shall be notice of their executiont, and shall be a, lien upon all the rights and property of said company as therein erpressed, and such mortgage shall also be recorded ln the omce of the secretary of the Territory or Alaska and in the odlce or the secretary, of the ‘State`or Territory wherein such company is organized. ·All lawful claims of laborers, contractors, subcontractors, or material men, for labor performed or material furnished in the- constoruction oi the~e~railroad, tramway, or wagon road shall be allrst lien thereon and take precedence of any mortgage `or other lien; (May 14,_ 1898, c. 299, § 6, 80 Stat. 411.) ‘ ‘ Q ~ A 417. Reservations and military parks.-—#Sections 411 to 419, 421, 423, &Ild”461 to- 165 of this title shall not apply to any lands within the limits of any military, mrk, Indian, or other reservation unless such right ofyvay shall be provided for by Act of Congress. (May 14,*1898, c. 299, { 7, 30 Stat. 412.). 418. Rwervation of rlgo of repeal [or amendment; assignment of right of way.-<——Congress hereby reserves the tight at