82 Proceedings of the 



serves of the laws then existing, but did not make ap- 

 pHcable to such reserves any laws which did not then 

 apply to reservations. These laws were of several 

 kinds, and provided for rights of way and for irriga- 

 tion, electric and other purposes. 



A subsequent act, approved February 15, 1901, pro- 

 vides for right of way over forest and other reserva- 

 tions in general and certain national parks in Califor- 

 nia, for electrical plants, telephone and telegraph lines, 

 canals and other water conduits for any beneficial use 

 of water. These acts provide that the allowance of 

 such rights of way within the reservations shall be 

 subject to the approval of the department having 

 supervision over them. 



At the time of the passage of the Forest Reserve 

 Act, there v/as no provision for right of way for 

 railroads through such reserves. Consequently, it be- 

 came necessary for each railroad company desiring to 

 cross a reserve to obtain a special act of Congress, and 

 during the years 1898 and 1899 several such acts were 

 passed. In each of them was incorporated a provision, 

 which was first inserted at the instance of the General 

 Land Office, that no timber shall be cut by the railroad 

 company for any purposes outside the right of way 

 actually granted. 



By the act of March 3, 1899 (30 Stat., 1233), au- 

 thority is given to the Secretary of the Interior to 

 approve rights of way in the form provided by existing 

 law, for wagon-roads, railroads, or other highways 

 across any forest reservation, when in his judgment 

 the public interests would not be injuriously affected. 

 From that time on, there was no need for a special 

 right-of-way act across a forest reserve. 



Nevertheless, during the session of Congress in 

 1901-2, a bill was introduced providing for right of 



