United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 113 of 150)
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feited, within the conflicting limits of the grants for such main and
branch lines, when but one of such lines has been completed, inure
by virtue of the forfeiture hereby declared, to the benefit of the com-
pleted line. (26 Stat. 498.)

See note to section 1 of this act, ante, | 4906.

§ 4914. (Act June 25, 1910, c. 406, § 1.) Deposits by railroad com-
panies for costs of surveying, etc., and conveying unsurveyed
lands granted to them; disbursement of deposits; repayment
of excess.
To enable the Secretary of the Interior to complete the adjust-
ment of land grants made by Congress to aid in the construction
of railroads, and to subject the lands granted to taxation by States,
Territories, and municipal authorities, any railroad corporation
required by law to pay the costs of surveying, selecting, or con-
veying any lands granted to such company or corporation, or for
its use and benefit, by any Act of Congress, shall be, and is hereby,
required, within ninety days from demand by the Secretary of the In-
terior, to deposit in a proper United States depository to the credit of
the United States a sum sufficient to pay the cost of surveying, select-
ing, and conveying any of the unsurveyed lands granted to such com-
pany, or for its use and benefit, under any act of Congress : Provided
further, That the Secretary of the Interior shall determine and specify
in the notice or demand to such company the amoimt of the required
deposit, and may, in his discretion, demand a sum sufficient to cover
the cost of the survey, selection, and conveyance of the entire area
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Ch. 10b) the public lands § 4916

granted to any company, or for its use and benefit, then unsurveyed,
or for such townships or fractional townships as he may prescribe
and designate in the notice or demand to such company, as aforesaid :
And provided further, That the amount deposited shall, subject to the
rules and regulations of the Department of the Interior, under the di-
rection of the Commissioner of the General Land Office, be disbursed
for the surveying, including office and field work, selection, and con-
veyance of the lands granted and designated in the notice of the
Secretary of the Interior, as aforesaid : And provided further. That
in the event the money deposited by any railroad corporation under
the provisions of this act shall exceed the cost of said surveys, the
said excess thereof shall be repaid to the corporations so depositing
the same, or to its assigns. (36 Stat. 834.)

This section and the three sections next following were an act entitled "An
act making an appropriation for the survey of public lands lying within the
limits of land grants, to provide for the forfeiture to the United States of
unsurveyed land grants to railroads, and for other purposes.*'

§ 4915. (Act June 25, 1910, c. 406, § 2.) Forfeiture of grant on
failure to make deposit.
If any railroad corporation required by law to pay the costs of
surveying, selecting, or conveying any lands granted to such cor-
poration, or for its use and benefit, by any Act of Congress, shall,
for ninety days from notice or demand by the Secretary of the
Interior, as provided in this Act, neglect or refuse to deposit an
amount sufficient to meet the expense of surveying, selecting, and
conveying the unsurveyed lands granted to such company, or for
its use and benefit, by any Act of Congress, and designated in the
notice or demand by the Secretary of the Interior, as aforesaid,
the rights, title, and interests of such company, and all those claim-
ing by, through, or under it, in and to the unsurveyed lands desig-
nated in the notice of the Secretary, as aforesaid, shall cease and
forfeit to the United States; and the Secretary of the Interior shall
notify the Attorney-General, who shall at once commence proceedings
to declare the forfeiture and to restore the lands forfeited to the pub-
lic domain. (36 Stat. 834.)

§ 4916. (Act June 25, 1910, c. 406, § 3.) Right to extend public
surveys over lands granted, and other rights of United States,
not affected by act; granted lands surveyed subject to taxa-
tion by State, etc.
This Act shall not affect the right of the Secretary of the In-
terior to cause the public surveys to be extended over any lands
granted to any railroad or corporation by any Act of Congress in
the manner now otherwise provided by law, nor shall any claim, right,
interest, or demand of the Government of the United States be waived
or annulled by the provisions hereof : Provided, That all granted lands
surveyed under the provisions of this Act shall be subject to taxation
by States, Territories, and municipal authorities, and the right of the
Government to reimburse itself for the survey, selection, and convey-
ance of such lands otherwise provided by law shall remain in full
force and effect. (36 Stat. 834.)

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i 4917 THB PUBLIC LANDS (Tit 32

§ 4917. (Act June 25, 1910, c. 406, § 4.) Regidations for carrying
out provisions of act
The SecretaiT of the Interior shall prescribe such rules and reg-
ulations as will be necessary to the carrying out of the foregoing
provisions. (36 Stat 835.)

Those persons who, after Ancmst 15, 1887, and before Janoary 1« 1889. had
settled upon, improved, and made final proof under the homestead and pre-
emption laws, for lands within the **8econd indemnity belt" of the Northern
Pacific Railroad land grant in Minnesota, or their heirs, were entitled to trans-
fer their entries from said tracts to any other vacant public land« sabj<H;t
to entry under the homestead and pre-emption laws, as they mi;;ht select, and r^
ceive final certificates and receipts therefor in lien of the entries made in said
"second indemnity belt," by Act Oct 1, 1890, c. 1258, f 1, 26 Stat 647, pr^
Tided the transfers were made within twelve months from the passage of the
act. By section 2 of said act, similar transfers could be made within one
year from the passage of the act by persons possessing the requisite qualifica-
tions under the pre-emption or homestead laws, who in good faith settled
upon and improved lands in said belt, having made final entry of the same, and
who, for any reason, other than voluntary abandonment, failed to make proof
thereon. In making proof upon the tract to which the transfer was made,
credit was to be given for the period of bona fide residence and amount of im-
provements upon the claims in said belt, and no final entry could be permitted,
except upon proof of continuous residence upon the land, the subject of the
transfer, for a period of not less than three months prior thereto. Payments
for the lands finally selected were to be made under the existing laws. By a
subsequent act (Act June 3, 11896, c 316, 29 Stat. 245), those persons, their
heirs or legal representatives, who between said dates settled upon and made
final proof and entry for lands within said belt, and whose entries had been
canceled without their fault, were entitled to make final homestead entry, and
receive patent therefor, of a quantity of any of the unappropriated lands of tbr
United States, subject to homestead entry, equal in acreage to the land en-
tered by them in said belt, without being required to make any settlement or
improvement upon, or cultivation of, said land so entered prior to said entry ;
and persons who had, within said time, for a space of six months, settled upon,
cultivated, or improved any of said lands, with a view of entering the same
under the homestead or pre-emption laws, and who were not permitted to
make such entries, were entitled to enter, under the homestead laws of the
United States, a quantity of the unappropriated public lands of the United
States, subject to homestead entry, equal in amount to the lands settled upon
by them ; and said persons were, when making final proof and entry upon said
lands, to receive credit for the settlement, improvement, and cultivation mads
by them upon lands in said belt ; and all laws in force in 1889, governing the
commutation of homestead entries, were made applicable to the commutation
of said entries. Said entries might be made on certain Chippewa Indian lands.
The homestead rights thus conferred were not capable of assignment, and no
conveyance, sale, or transfer of said entries was valid if made prior to the
issuance of patent therefor. By a still later act (Act July 1, 1898» c 546. f
1, 30 Stat. 620-022), the Northern Pacific Railroad was entitled, whera, prior
to January 1, 1898, the whole or any part of an odd-numbered sectioci in either
the granted or the indemnity limits of the land grant to said railroad, to
which the right of the grantee or its lawful successor #as claimed to hare
attached by definite location or selection, had been purchased directly from the
United States, or settled upon or claimed in good faith by any qualified set-
tler under color of title or claim of right under any law of the United States,
or any ruling of the Interior Department, and where purchaser, settler, or
claimant refused to transfer his entry, upon a relinquishment thereof, to select,
in lieu of the land relinquished, an equal quantity of public lands, surveyed
or unsurveyed, not mineral or reserved, and not valuable for stone. Iron, or
coal, and free from adverse claim, or not occupied by settlers at the time
of such selection, situated within any state or territory into which socfa rail-

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Ch. 10b) thb public lands g 4917

road land extended, and patents sbonld issue for the land so selected, as
though it had been originally granted. All selections of unsurveyed lands
must be of odd-numbered sections, to be idedtified by the survey when made,
and patent therefor was to issue to and be in the name of the corporation sur-
rendering the lands before mentioned, and such patents were not to issue until
after the survey. Lists of the lands purchased or settled upon or occupied
as aforesaid were to be furnished the railroad. The railroad was to relin-
quish its title to said lands to the United States, and settlers were required
to make proof; of title. It was then provided that all qualified settlers, their
heirs or assigns, who prior to January 1, 1898, purchased or settled upon or
claimed in good faith, under color of title or claim of right under any law of
the United States, or any ruling of the Interior Department, any part of an
odd-numbered section in either the granted or indemnity limits of the land
grant to the Northern Pacific Railroad, to which the right of such grantee,
or its lawful successor, was claimed to have attached by definite location or
selection made in lieu thereof, might transfer their claims to an equal quan-
tity of public lands, surveyed or unsurveyed, not mineral or reserved, and not
valuable for stone, iron, or coal, and free from vcdid adverse claim, or not
occupied by a settler at the time of such entry situated in any state or ter-
ritory into which such railroad grant extended, and make proof therefor as in
other cases provided ; and, in making such proof, credit was to be given for
the period of their bona fide residence and amount of their improvements upon
their respective claims in said granted or Indemnity limits of the land grant to
said railroad, the same as if made upon the tract to which the transfer was
made; and before the Secretary of the Interior caused to be prepared and
delivered to said railroad grantee, or its successor in interest, any list or lists
of the several tracts which had been purchased or settled upon or occupied
as hereinbefore provided, he must notify the purchaser, settler, or claimant,
his heirs or assignees, claiming against said railroad, of his right to transfer
his entry or claim, and must give him or them option to take lieu lands for
those claimed by him or them, or hold his claim and allow said railroad to
do so under the terms of this act. The provisions of this last act were ex-
tended and made applicable to all instances, where lands in odd-numbered sec-
tions within the indemnity limits of the grant to said railroad were patented
to settlers under the public land laws in pursuance of applications presented
or proceedings initiated in the local land office at a time when the land was
embraced in a pending indemnity selection made by said company in con-
formity with the regulations of the Land Department, which indemnity se-
lection had not since been forfeited or abandoned, by Act March 2, 1901, c.
807, 31 Stat 950.

The desired extension into the states of North Dakota and South Dakota
of the limits of grants of land made to the St. Paul, Minneapolis & Mani-
toba Hallway Company was denied by rulings of the Qeneral Land Office;
and settlers thereon claiming in good faith under color of title or right given
by any of the land laws of the United States were made liable to be evicted
from their holdings. For the purpose of relieving said settlers, it was provided
that the Secretary of the Interior should cause to b^ prepared and delivered
to the said railroad company a list of the several tracts of lands which had
been purchased, claimed, occupied, and improved; that said railroad company
should execute and deliver to the Secretary of the Interior a release to the
United States of all its claims upon lands described in said list, and also pro-
cure and cause to be released to the United States all liens and claims to said
lands derived through or under said company ; that thereupon all right, title,
and interest of said railroad company to said lands should revert to the
United States, and said lands should be treated as if no rights thereto had
ever vested in said railroad company ; that all qualified persons who had
occupied and made improvements on said lands, or who had purchased said
lands in good faith, their heirs or assigns, should be permitted to perfect their
titles to said lands in the same manner as if the grants had never been made,—
by Act Aug. 5, 1892, c. 882, { 1, 27 Stat 390.

The St Paul, Minneapolis & Manitoba Railway Ck>mpany was permitted to
select in lieu of certain lands granted to the territory of Minnesota to aid in

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§ 4917 THE PUBLIC LANDS (Tit S2

the constnictioii of certain railroads, by Act March 2, 1857, c 00, Act Biarch
8, 1865, c 105, and Act March 3. 1871, c 144, other lands in North or Sooth
Dakota, by Act Aog. 5, 1892, c 882, |f 2-4, 27 SUt. 891.

The Secretary of the Interior was authorized and directed to canae all Uad«
within the Boseman, Helena, Missoula, and Coeur d*Alene Land Districts with>
in the land grant and indemnity land grant limits of the Northern Pacific
Railroad, as defined by Act July 2, 1864, c. 217, to be examined and classi-
fied by commissioners, with special reference to the mineral or non-minertl
character of such lands, and to reject, cancel, and disallow any and all claicu
or filings made by or on behalf of said railroad on any lands in said land dis-
tricts which upon examination were classified as mineral lands, by Act Feb.
26, 1895, c 181, I 1, 28 SUL 683. Section 2 of said act provided for the sp-
pointment of the commissioners mentioned in section 1 fixed their compeon-
tion, prescribed the oath to be taken by them, and enumerated their power*
and duties. Section 8 of said act provided that all lands should be dansified
as mineral which by reason of valuable mineral deposits were open to ex-
ploration, occupation, and purchase under the provisions of the mining laws,
prescribed the description to be made of said lands, defined iron and coal laoda.
and provided for new examinations and classifications in certain canes. Sec-
tion 4 of said act provided that the surveyed lands should be the fimt to be
examined and classified. Section 5 of said act provided for a monthly re-
port of the commissioners, its filing, its publication, protests against said re-
ports, hearings on said protests, and appeals from the decision of the reginer
and receiver to the Commissioner of the General Land Office. Section 6 of
said act provided for the entry of said classifications on the land records.
Section 7 of said act prorided that only patents for non-mineral lands should
be issued to the Northern Pacific Itallroad. Section 8 of said act provid<Hl
an appropriation for payment of the expenses of carrying out the prorixioQs
of the act, and required the Secretary of the Interior to embrace in his annual
estimates submitted to Congress a sum sufficient to pay the councils for the
fiscal year next ensuing, and annually thereafter until the classification of
lands required by the act had been accomplished. Act June 4, 1897, c. 2, f
1, 30 Stat. 11, made changes in the manner of appointing and the qualifications
of the commissioners and their compensation. Act March 8, 1899, c. 424. {
1, 30 Stat. 1074, extended the time for the completion of the classification.
Act June 6, 1900, c. 791, | 1, 31 SUL 588, again made changes in the num-
ber of commissioners, their qualifications, their compensation, and the man-
ner in which they should act, and extended the time for the completion of
the classification.

Subsequent appropriations were made to enable the Commissioner of the
General Land Office to complete the examination and classification of landf
within the limits of the Northern Pacific grant under said Act July 2, 1^>4. c.
217, 13 Stat 365, as provided in said Act Feb. 26, 1895. c 131, | 1, 28 Sut
683, such examination and classification when approve^ by the SecreUry of
the Interior to have the same force and effect as a classification by the min-
eral land commissioners prorided for in said Act Feb. 26, 1895. The prorisioD
for the fiscal year 1913 was by the deficiency appropriation act for the fiscal
year 1912, Act Aug. 26, 1912, c. 408, 87 Stat 609.

Provisions relating to the Union Pacific Railroad and other bond-aided
railroads are set forth post, under Title LXIV, ''Railways."

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Ch. 10c)



THE PUBLIC LANDS



CHAPTER TEN C
Rights of Way and Other Easements in Public Lands

This chapter, inserted here as additional to the original chapters of this title
of the Revised Statutes, includes principally R. S. §{ ^76, 2477, Act March
• 3, 1875, c. 172, Act March 3, 1891, c. 561, ff 18^21, and other laws of a
general and permanent nature relating to grants of rights of way for rail-
roads, wagon roads, ditches, canals, etc., pipe lines, and electric light and
power lines through, and reservoir sites upon, the public lands, national for-
ests, parks, etc

Provisions relating to rights of way through Indian lands generally are set
forth ante, under Title XXVIII, Chapter 4B, "Rights of Way through Indian
Lands," and special provisions relating to rights of way in Oklahoma and
Alaska are set forth post, under this Title, Chapter lOJ, "Public Lands in
Oklahoma," and Chapter lOK, "Public Lands in Alaska," respectively.

Sec. Sec.

4918. Navigable rivers within public 4933.

lands to be public highways.

4919. Right of way for highways over 4934.

public lands.

4920. Extension of roads across mili-

tary reservations; landing of 4935.
ferries and erection of bridges
thereon; driving cattle, etc. 4936.

4921. Right of way through public

lands, materials, grounds for
stations, etc., granted to rail- 4937.
roads. 4938.

4922. Rights of several roads through

canyons, etc.; grade crossings;
effect on wagon roads and high-
ways. 4939.

4923. Condemnation of land.

4924. Map of road to be filed; forfei- 4940.

ture of rights granted. 4941.

4925. Lands excepted from operation 4942.

of act 4943.

4926. Right to alter, amend, or repeal

act.

4927. Forfeiture of rights granted 4944.

where railroad or section there-
• of not constructed in five years 4945.
after location.

4928. Forfeiture of rights granted

where railroad or section there- 4946.
of not constructed in five years
after location.

4929. Stations, etc., of railroads on

rights of way granted.

4930. Time for establishment of sta- 4947.

tlons; penalty for failure.

4931. Right of way through certain re-

served lands in 'Minnesota for
railroads.

4932. Rights of way of railroads in

Oklahoma and Arizona; lands 4948.
to be subject thereto.



Reservation in patents of right
of way for ditches or canals.

Right of way to canal and ditch
companies for irrigation pur-
poses.

Map to be filed; approval; dam-
ages to settlers.

Application of act to existing
and future canals, etc; forfei-
ture of rights granted.

Use for canal or ditch only.

Right of way for purposes of
water transportation, domestic
purposes, or development of
power.

Reservoir sites for furnishing
water for live stock.

Declaratory statement.

Survey; map of location.

Right to amend or repeal act

Right of way for tramroads,
canals, or reservoirs for certain
purposes.

Right of way to electric power
companies.

Rights of way over forest reser-

• vation or reservoir site for
wagon roads, railroads, etc.

Rights of way through public
lands, forest and other reserva-
tions and Yosemite, Sequoia,
and General Grant National
Parks, for electrical plants, etc.

Rights of way within and across
forest reserve for dams, reser-
voirs, water plants, ditches,
etc., for municipal and mining
purposes and for milling and
reduction of ores.

Rights of way through public
lands, national forests, and res-

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§ 4918 THS PUBLIC LANDS (Tit 82

6m. 660.

eryatioDB, for electrical poles 4952. Use for pipe line only.

and lines; approval of chief of- 4963. Right of way in Arkansas to

ficer of department; forfeiture pipe line companies.

for non-user; rights of holders 49M. Applications; approval.

of previous permits. 4955. Use of right of way for pipe line

4949. Right of way in Ck>lorado and only.

Wyoming to pipe line compa* 4956. Forfeiture of right for nonuser.
nies. etc

4950. Applications; approval. 4957. Forfeiture of right for violatkn

4951. Forfeiture of rights granted. of anti-trust law.

§ 4918. (R S. § 2476.) Navigable rivers within pubUc lands to be
public highways.
All navigable rivers, within the territory occupied by the public
lands, shall remain and be deemed public highways ; and, in all cases
where the opposite banks of any streams not navigable belong to
different persons, the stream and the bed thereof shall become com-
mon to both.

Act May 18, 1796, c 29, f 9, 1 Stat 468. Act March 8, 1803, c. 27, { 17. t
SUt 235.

§ 4919. (R. S. § 2477.) Right of way for highways over public
lands.
The right of way for the construction of highways over public
lands, not reserved for public uses, is hereby granted.

Act July 20, 1866, c. 262, | 8, 14 SUt. 253.

Any bona fide settler under the pre-emption, homestead, or other aettlement
law may transfer any portion of his claim for the right of way of raUroada,
canals, reservoirs, or ditches for irrigation or drainage across It, without
vitiating bis right to complete and perfect title to his claim, by Rer. St. I
2288, ante, | 4535.

§ 4920. (Act July 5, 1884, c. 214, § 6.) Extension of roads acrosi

military reservations ; landing of ferries and erection of bridges

thereon; driving cattle, etc.

The Secretary of War shall have authoritv, in his discretion, to

permit the extension of State, county, and Territorial roads across

military reservations; to permit the landing of ferries, the erection

of bridges thereon ; and permit cattle, sheep or other stock animals

to be driven across such reservation, whenever in his judgment the

same can be done without injury to the reservation or inconvenience

to the military forces stationed thereon. (23 Stat. 104.)

The other sections of this act related to abandoned military reaerrationa, and
are set forth post, ff 5003-5006.

§ 4921. (Act March 3, 1875, c 152, § 1.) Right of way through

public lands, materials, grounds for stations, eta, granted to

railroads.

The right of way through the public lands of the United States

is hereby granted to anv railroad company duly organized under the

laws of any State or Territory, except the District of Columbia, or

by the Congress of the United States, which shall have filed with

the Secretary of the Interior a copy of its articles of incorporation,

and due proofs of its organization under the same, to the extent of

one hundred feet on each side of the central line of said road; also

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Ch. 10c) THE PUBLIC LANDS § 4922

the right to take, from the public lands 'adjacent to the line of said



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 113 of 150)