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 124 of 150)
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such entries to be made under the provisions of section twenty-three
hundred and eighty-seven of the Revised Statutes as near as may
be ; and when such entries shall have been made the Secretary of the
Interior shall provide by regulation for the proper execution of the
trust in favor of the inhabitants of the town site, including the sur-
vey of the land into lots, according to the spirit and intent of said
section twenty-three hundred and eighty-seven of the Revised Stat-
utes, whereby the same results would be reached as though the entry
had been made by a county judge and the disposal of the lots in such
town site and the proceeds of the sale thereof had been prescribed
by the legislative authority of a State or Territory : Provided, That
no more than six hundred and forty acres shall be embraced in one
townsite entry. (26 Stat. 1099.)

This section and the three sections next following were part of the act to
repeal timber-culture laws, etc., cited above.

Other sections of the act are set forth or referred to poet, { SUO.

§ 5080. (Act March 3, 1891, c. 561^ § 12.) Purchases for trade or

manufacture; adverse claimants.
Any citizen of the United States twenty-one years of age, and
any association of such citizens, and any corporation incorporated
under the laws of the United States, or of any State or Terri-
tory of the United States now authorized by law to hold lands
in the Territories now or hereafter in possession of and occupying
public lands in Alaska for the purpose oi trade or manufactures, may
purchase not exceeding one hundred and sixty acres to be taken as
near as practicable in a square form, of such land at two dollars and
fifty cents per acre : Provided, That in case more than one person,
association or corporation shall claim the same tract of land the
person, association or corporation having the prior claim by reason
of possession and continued occupation shall be entitled to purchase
the same; but the entry of no person, association, or corporation
shall include improvements made by or in possession of another prior
to the passage of this act. (26 Stat. 1100.)

See notes to section 11 of this act, ante, f 5079.

This section and the two sections immediately following may be regarded
as superseded to a great extent, except as to claims initiated prior to Janoarj
1, 1898, by Act May 14, 1898, c 299, f 10, post, t 5091.

§ 5081. (Act March 3, 1891, c 561, § 13.) Surveys; deposits;

making and approval.
It shall be the duty of any person, association, or corporation
entitled to purchase land under this act to make an application
to the [United States marshal, ex officio] surveyor-general of Alaska,
for an estimate of the cost of making a survey of the lands occupied
by such person, association, or corporation, and the cost of the
clerical work necessary to be done in the office of the said [United
States marshal, ex officio! surveyor-general; and on the receipt of
such estimate from the [United States marshal, ex officio] surveyor
general, the said person, association, or corporation shall deposit
the amount in a United States depository, as is required by section

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Ch. 10k) the public lands § 6082

numbered twenty-four hundred and one, Revised Statutes, relating
to deposits for surveys.

That on the receipt by the [United States marshal, ex-officio] sur-
veyor-general, of the said certificates of deposit, he shall employ a
competent person to make such survey, under such rules and regu-
lations as may be adopted by the Secretary of the Interior, who shall
make his return of his field notes and maps to the office of the said
[United States marshal, ex officio] surveyor-general; and the said
[United States marshal, ex officio] surveyor-general, shall cause the
said field notes and plats of suph survey to be examined, and, if cor-
rect, approve the same, and shall transmit certified copies of such
maps and plats to the office of the Commissioner of the General
Land Office.

That when the said field notes and plats of said survey shall have
been approved by the said Commissioner of the General Land
Office, he shall notify such person, association, or corporation, who
shall then, within six months after such notice, pay to the said [United
States marshal, ex officio] surveyor-general, for such land, and patent
shall issue for the same. (26 Stat. 1100.)

See notes to sections 11 and 12 of this act, ante, §§ 6079, 5080.
The words "United States marshal, ex officio/' inclosed in brackets In this
section, were superseded by the striking out of the provision of Act May 17»
1884, c. 53, § 8, 23 Stat. 26, that the United States marshal of Alaska should
be the surreyor-general of that land-district, and by the provision for the ap-
pointment of a snrveyor-general for Alaska, by Act July 24, 1897, c. 14, § 2,
set forth ante, { 4438.

§ 5082. (Act March 3, 1891, c. 561, § 14.) Lands and rights re-
served.

None of the provisions of the last two preceding sections of
this act shall be so construed as to warrant the sale of any lands
belonging to the United States which shall contain coal or the
precious metals, or any town site, or which shall be occupied by the
United States for public purposes, or which shall be reserved for
such purposes, or to which the natives of Alaska have prior rights
by virtue of actual occupation, or which shall be selected by the
United States Commissioner of Fish and Fisheries on the island of
Kadiak and Afognak for the purpose of establishing fish-culture
stations. And all tracts of land not exceeding six hundred and forty
acres in any one tract now occupied as missionary stations in said
[district of] Alaska are hereby excepted from the operation of the last
three preceding sections of tiiis act. No portion of the islands of
the Pribylov Group or the Seal Islands of Alaska shall be subject to
sale under this act; and the United States reserves, and there shall
be reserved in all patents issued under the provisions of the last two
preceding sections the right of the United States to regulate the tak-
ing of salmon and to do all things necessary to protect and prevent
the destruction of salmon in all the waters of the lands granted fre-
quented by salmon. (26 Stat. 1100.)

See note to sections 11 and 12 of this act, ante, St 5079, 5080.

The words "district of," inclosed in brackets in this section, were superseded

by the organization of Alaska as a Territory by Act Aug. 24, 1912, c. 387,

ante, 8§ 352S-3544.

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§ 5083 TBB PUBLIC LANDS (Tit 32

§ 5083. (Act May 14, 1898, c. 299, § 2.) Right of way on lands in
Alaska; materials, grounds for stations, etc., for railroads;
reservation of minerals; title to tide lands, etc.; transportation
charges to be posted.
The ri^ht of way through the lands of the United Sutes in
the District of Alaska is hereby granted to any railroad company,
duly organized under the laws of any State or Territory or by
the Congress of the United States, which may hereafter file for
record with the Secretary of the Interior a copy of its articles of in-
corporation, and due proofs of its organization under the same, to
the extent of one hundred feet on each side of the center line of
said road ; also the right to take from the lands of the United States
adjacent to the line of said road, material, earth, stone, and timber
necessary for the construction of said railroad; also the right to
take for railroad uses, subject to the reservation of all minerals and
coal therein, public lands adjacent to said right of way for station
buildings, depots, machine shops, side tracks, turn-outs, water sta-
tions, and terminals, and other legitimate railroad purposes, not to
exceed in amount twenty acres for each station, to the extent of one
station for each ten miles of its road, excepting at terminals and
junction points, which may include additional forty acres, to be lim-
ited on navigable waters to eighty rods on the shore line, and with
the right to use such additional ground as may in the opinion of
the Secretary of the Interior be necessary where there are heavy
cuts or fills: Provided, That nothing herein contained shall be so
construed as to give to such railroad company, its lessees, grantees,
or assigns the ownership or use of minerals, including coal, within
the limits of its right of way, or of the lands hereby granted : Pro-
vided further, That all mining operations prosecuted or undertaken
within the limits of such right of way or of the lands hereby granted
shall, under rules and regulations to be prescribed by the Secretary
of the Interior, be so conducted as not to injure or interfere with
the property or operations of the road over its said lands or right
of way. And when such railway shall connect with any navigable
stream or tide water such company shall have power to construct
and maintain necessary piers and wharves for connection with water
transportation, subject to the supervision of the Secretary of the
Treasury: Provided, That nothing in this Act contained shall be
construed as impairing in any degree the title of any State that may
hereafter be erected out of said District, or any part thereof, to tide
lands and beds of any of its navigable waters, or the right of such
State to regulate the use thereof, nor the right of the United States
to resume possession of such lands, it being declared that all such
rights shall continue to be held by the United States in trust for the
people of any State or States which may hereafter be erected out of
said District. The term "navigable waters," as herein used, shall
be held to include all tidal waters up to the line of ordinary high
tide and all nontidal waters navigable in fact up to the line of or-
dinary high-water mark. All charges for the transportation of
freight and passengers on railroads m the District of Alaska shall

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Ch. 10k) the public lands § 5084

be printed and posted as required by section six of an Act to reg-
ulate commerce as amended on March second, eighteen hundred
and eighty-nine, and such rates shall be subject to revision and mod-
ification by the Secretary of the Interior. (30 Stat. 409.)

This was section 2 of an act entitled *'An act extending tlie homestead
laws and providing for right of way for railroads in the District of Alaska,
and for other purposes," cited above.

Section 1 of this act, which extended the homestead laws to Alaska, was
amended by Act March 8, 1008, c. 1002, ante, S 5046.

Sections 8-11 of the act are set forth post, |§ 5084r-5092.

Section 12 of the act aathorixing the President to establish, discontinue, etc.,
land districts in Alaska, is set forth ante, § 4517. Section 13, granting mining
rights to native-bom citizens of the Dominion of Canada, is set forth ante, |
5049. Section 14 granting the privileges of the bonded warehouses to the gov-
ernment and citizens of the Dominion of Canada, is set forth, post, f 5694.

The District of Alaska was organized as a Territory by Act Aug. 24, 1912,
c 887, ante, §§ 3528-^3544.

Section 6 of Interstate Commerce Act of Feb. 4, 1887, c. 104, mentioned in
the last provision of this section, is set forth, as amended by Act March 2,
1889, c 882, I 1, also mentioned therein, and by subsequent acts, post, ( 8569.

§ 5084. (Act May 14, 1898, c. 299, § 3.) Rights of several roads
through canyons, etc.; grade crossings ; effect on wagon roads,
etc.; right to regulate transportation charges.
Any railroad company whose right of way, or whose 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 defile for the pur-
poses of its road, in common with the road first located, or the
crossing of other railroads at grade; and the location of such right
of way through any canyon, pass, or defile shall not cause the disuse
of any tramway, wagon road, or other public highway now located
therein, nor prevent the location through the same of any such tram-
way, 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 high-
way is necessary to permit the passage of such railroad through any
canyon, pass, or defile, said railroad company shall, before entering
upon the ground occupied by such tramway, wagon road, or high-
way, cause the same to be reconstructed at its own expense in the
most favorable location, and in as perfect a manner as the original
road or tramway : Provided, That such expenses shall be equitably
divided between any number of railroad companies occupying and
using the same canyon, pass, or defile, 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 defile on such equi-
table 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 corporation:
Provided, That nothing herein shall be construed as depriving Con-
gress of the right to regulate the charges for freight, passengers, and
wharfage. (30 Stat. 410.)

See notes to section 2 of this act, ante, | 5083.

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§ 6085 THB PUBLIC LANDS (Tit 32

§ 5085. (Act May 14, 1898, c. 299, § 4.) Condemnation o( land;
preliminary survej^.
Where any company, the right of way to which is hereby 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 a right of way across the same may be made in
accordance with section three of the Act entitled "An Act to amend
an Act entitled '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, mil-
itary, and other purposes, approved July first, eighteen hundred and
sixty-two,'" approved July second, eighteen hundred and sixty- four:
Provided further, That any such ccmipany, by filing with the Secre-
tary of the Interior a preliminary actual survey and plat of its pro-
posed route, shall have the right at any time within one year there-
after, 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. (30 Stat. 410.)

See Dotes to section 2 of this act, ante, | 5083.

Act July 2, 1864, c. 216, { 3, 13 Stat 357, mentioned in this section, wan
not incorporated in the Revised Statutes.

The time of the Western Alaska Construction Company to comply with th^
provisions of this section and section 5 of this act, next following, relating to
righta of way over public lands in Alaslca for railroads, in acqoirinir and com-
pleting ita railroad, was extended by Act April 9, 1904, c. 1165, 83 Stat. 1G5.

§ 5086. (Act* May 14, 1898, c 299, § 5.) Map of location; forfei-
ture of rights granted.
Any company desiring to secure the benefits of this Act shall, with-
in twelve months after filing the preliminary map of location of its
road as hereinbefore prescribed, whether upon surveyed or unsur-
veyed 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 Hne of road until the entire
road has been thus definitely located, and upon approval thereof by
the Secretary of the Interior the same shall be noted upon the rec-
ords of said office, and thereafter all such lands over which such
right of way shall pass shall be disposed of subject to such right of
way : Provided, That if any section of said road shall not be com-
pleted within one year after the definite location of said section so
approved, or if the map of definite location be not filed within one
year as herein required, or if the entire road shall not be completed
within four years from the filing of the map of definite location, the
rights herein granted shall be forfeited as to any such uncompleted
section of said road, and thereupon shall revert to the United States
without further action or declaration, the notation of such uncom-
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Ch. 10k) the public lands § 5087

pleted section upon the records of the land office 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. (30 Stat. 410.)

See notes to section 2 of this act, ante, S 6088.

§ 5087. (Act May 14, 1898, c. 299, § 6.) Right of way through
lands in Alaska for wagon roads, wire rope, aerial or other
tramways; reservation of minerals; preliminary survey and
map of location; tolls; priority of applicants for right of way;
forfeiture of rights granted; mortgages; liens.
The Secretary of the Interior is hereby 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 corporation, for a right of way over the public domain
in said District, not to exceed one hundred feet in width, and ground
for station and other necessary purposes, not to exceed five acres for
each station for each five miles of road, to construct wagon roads
and wire rope, aerial, or other tramways, and the privilege of taking
all necessary material from the public domain in said District for
the construction of such wagon roads or tramways, together with
the right, subject to supervision and at rates to be approved by said
Secretary, to le\'y and collect toll or freight and passenger charges
on passengers, animals, freight, or vehicles passing over the same
for a period not exceeding twenty years, and said Secretary is also
authorized to sell to the owner or owners of any such wagon road
or tramway, upon the completion thereof, not to exceed twenty acres
of public land at each terminus at one dollar and twenty-five cents
per acre, such lands when located at or near tide water not to extend
more than forty rods in width along the shore line and the title there-
to to be upon such expressed conditions as in his judgment may be
necessary to protect the public interest, and all minerals, including
coal, in such right of way or station grounds shall be reserved to
the United States : Provided, That such lands may be located con-
currently with the line of such road or tramway, and the plat of pre-
liminary survey and the map of definite location shall be filed as in
the case of railroads and subject to the same conditions and limita-
tions: Provided further. That such rights of way and privileges
shall only be enjoyed by or granted to citizens of the United States
or companies or corporations organized under the laws of a State
or Territory; and such rights and privileges shall be held subject to
the right of Congress to alter, amend, repeal, or grant equal rights
to others on contiguous or parallel routes. And no right to con-
struct a wagon road on which toll may be collected shall be grant-
ed unless it shall first be made to appear to the satisfaction of the
Secretary of the Interior that the public convenience requires the
construction of such proposed road, and that the expense of making
the same available and convenient for public travel will not be less
on an average than five hundred dollars per mile: Provided, That
if the proposed line of road in any case shall be located over any
road or trail in common use for public travel, the Secretary of the

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§ 6087 THE PUBLIC LANDS (Tit 32

Interior shall decline to grant such right of way, if, in his opinion,
the interests of the public would be injuriously affected thereby.
Nor shall any right to collect toll upon any wagon road in said Dis-
trict be granted or inure to any person, corporation, or company
until it shall be made to appear to the satisfaction of said Secretary
that at least an average of five hundred dollars per mile has been
actually expended in constructing such road; and all persons are
prohibited from collecting or attempting to collect toll over any
wagon road in said District, unless such person or the company or
person for whom he acts shall at the time and place the collection
is made or attempted to be made possess written authority, signed
by the Secretary of the Interior, authorising the collection and spec-
ifying the rates of toll : Provided, That accurate printed copies of
said written authority from the Secretary 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 collected. And any person, corporation, or company
collecting or attempting to collect toll without such written author-
ity from the Secretary of the Interior, or failing to keep the same
posted as herein required, shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be fined for each offense not less
than fifty dollars nor more than five hundred dollars, and in default
of payment of such fine and costs of prosecution shall be imprisoned
in jail not exceeding ninety days, or until such fine and costs of
prosecution shall have been paid.

Any person, corporation, or company qualified to construct a
wagon road or tramway under the provisions of this Act that may
heretofore have constructed not less than one mile of road, at a cost
of not less than five hundred dollars per mile, or one-half mile of
tramway at a cost of not less than five hundred dollars ; shall have
the prior right to apply for such right of way and for lands at sta-
tions and terminals and to obtain the same pursuant to the provi-
sions of this Act over and along the line hitherto constructed or
actually being improved by the applicant, including wharves con-
nected therewith. That if any party to whom license has been grant-
ed to construct such wagon road or tramway shall, for the period
of one year, fail, neglect, or refuse to complete the same, the rights
herein granted shall be forfeited as to any such uncompleted section
of said wagon road or tramway, and thereupon shall revert to the
United States without further action or declaration, the notation of
such uncompleted section upon the records of the land office shall
be canceled, and the reservations of such lands for the purposes of
said right of way shall cease and become null and void without fur-
ther action. And if such road or tramway shall not be kept in go<Kl
condition for use, the Secretary of the Interior may prohibit the col-
lection of toll thereon pending the making of necessary repairs.
All mortgages executed by any company acquiring a right of
way under this Act, upon any portion of its road that may ^ con-
structed in said District of Alaska, shall be recorded with the Sec-
retary of the Interior, and the record thereof shall be notice of their
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Ch. 10k) the public lands § 5090

execution, and shall be a lien upon all the rights and property of
said company as therein expressed, and such mortgage shall also be
recorded in the office of the secretary of the District of Alaska and
in the office of the secretary of the State or Territory wherein such
company is organized: Provided, That all lawful claims of labor-
ers, contractors, subcontractors, or material men, for labor performed
or material furnished in the construction of the railroad, tramway,
or wagon road shall be a first lien thereon and take precedence of
any mortgage or other Hen. (30 Stat. 411.)
See note to section 2 of this act, ante, | 5083.

§ 5088. (Act May 14, 1898, c. 299, § 7.) Act not to apply to mil-
itary, park, Indian, or other reservations.

This act shall not apply to any lands within the limits of any mil-
itary, park, Indian, or other reservation unless such right of way shall
be provided for by Act of Congress. (30 Stat. 412.)



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 124 of 150)