FOREST RAILROADS 251 



especially since the handling of outside traffic at times interferes 

 with the operation of logging trains. 



Where the owner of a non-chartered road desires a right-of- 

 way across the property of another the land may be bought at 

 private sale, although this course is seldom desirable unless the 

 road is ultimately to become a "common carrier," inasmuch as a 

 narrow strip of property is of little value to the owner and is 

 difficult to sell at the conclusion of logging operations. The 

 more frequent practice is to lease^ land for right-of-way for a 

 period sufficient to permit the removal of timber. Such leases 

 can usually be secured on terms satisfactory to all parties, 

 although exorbitant rental is sometimes demanded, where the 

 topography compels the location of the road within restricted 

 limits, such as in a narrow valley. 



Where timber rights are purchased without the fee to the land, 

 the contract of sale should specify that the purchaser has the 

 right to construct such roads as are necessary to secure the 

 timber. Even if such a stipulation is not made, some courts- 

 have ruled that a sale, or grant of standing trees implies a right 

 of access and the use of the land for the purpose of cutting the 

 timber and afterwards removing the logs. Unless some specific 

 date is mentioned on which these rights terminate, the buyer is 

 entitled to a "reasonable time" for removal. In case of litiga- 

 tion the length of time covered by the contract is decided by the 

 courts after consideration of the specific case. 



LOCATION 



The location of the main line of a logging railroad is of great 

 importance, for the engineer must preserve a proper balance 

 between the cost of construction and the maintenance and 

 operating charges. He must choose between an expensive road- 

 bed with low grades and easy curves, or a cheaper roadbed with 

 increased maintenance and operating expenses. 



1 In many places in the South $50 is considered a reasonable fee for the privilege 

 of crossing a "forty." 



- See a decision of the Supreme Court of Tennessee. Carson vs. Three States 

 Lumber Company (Tenn.), 69 Southwestern Reporter, 320. 1902. 



