B4 pROCEKDiNGS 01^ Yhe: 



The applicant is required, also, to file a stipulation 

 that the right of way is not so located as to interfere 

 with the proper occupation of the reservation by the 

 Government; that no timber wall be cut from the 

 reserve outside of the right of way ; that the applicant 

 will remove no timber within the right of way, except 

 only such as is rendered necessary by the proper use 

 and enjoyment of the privilege; that he will also 

 remove from the reservation, or destroy imder proper 

 safeguards as determined by the General Land Office, 

 all standing, fallen, dead timber, as well as all refuse 

 cuttings, etc., for such distance on each side of the 

 line as may be determined by the General Land Office 

 to be esesential for the protection of the reserve from 

 fire ; also that the applicant will furnish free of charge 

 such assistance in men and materials for fighting fires 

 as may be spared without serious injury to the appli- 

 cant's business. 



With a careful scrutiny of all applications by forest 

 officers on the ground, and a thorough enforcement of 

 rules, regulations, and stipulations such as those indi- 

 cated, it is believed that the occupation of the reserves 

 for these necessary rights of way can be permitted 

 without detriment to the Government interests. 



The present laws relating to rights of way upon 

 the public lands, as well as upon forest reserves, are 

 such as to facilitate the operations of speculators to 

 obtain, secure, and retain controlling points for the use 

 of water for railroad, irrigation, power, and other pur- 

 poses. The railroad and irrigation acts provide for a 

 forfeiture at the expiration of five years from the date 

 of location, but such forfeiture cannot be declared 

 except by Congress or through courts. 



Inasmuch as there are many thousand miles of rail- 

 road and irrigation rights of way which are now 



