NATIONAL FOREST MANUAL LAWS. 51 



A selection by the Northern Pacific Railway Co. under the act of 

 March 2, 1899 (30 Stat., 993), is a "lawful filing" such as excepts the 

 land from a forestry proclamation. Should the selection fail, however, 

 the land would become a part of the National Forest. (1 Sol. Op., 463.) 



Neither the railway company nor its assignee has any right to cut 

 timber from an unapproved selection made under that act. (Same.) 



Land embraced in a bona fide settlement claim is not subject to 

 selection by the Northern Pacific Railway Co. under the act of March 

 2. 1899, and a selection allowed for land at the time covered by such 

 claim can not stand notwithstanding the settlement claim may have 

 been subsequently abandoned. (Frank et al. r. N. P. Ry. Co. on 

 review, 37 L. D., 502.) 



RIGHT OF WAY LAWS. 



Deficiency appropriation act of March 3, 1899 (30 Stat., 1214). 



[1233] In the form provided by existing law the Secretary of the Wagon roads. 

 Interior may file and approve surveys and plats of any right of way for otherWehways 

 a wagon road, railroad, or other highway over and across any forest 

 reservation or reservoir site when in his judgment the public interests 

 will not be injuriously affected thereby. 



HIGHWAYS AND RAILROADS. 

 UNITED STATES REVISED STATUTES. 



SEC. 2477. The right of way for the construction of highways over Highways, 

 public lands not reserved for public uses is hereby granted. 



Act of March 3, 1875 (18 Stat., 482), granting rights of way for railroads. 



The right of way through the public lands of the United States is Right, of way 

 hereby granted to any railroad company duly organized under the S^nted through 

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

 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 Width of right 

 feet on each side of the central line of said road ; also the right to take, of way- 

 from the public lands adjacent to the line of said road, material, earth, 

 stone, and timber necessary for the construction of said railroad; also 

 ground adjacent to such right of way for station buildings, depots, . station build- 

 machine shops, side tracks, turn-outs, and water stations, not to exceed mgs> ete ' 

 in amount twenty acres for each station, to the extent of one station 

 for each ten miles of its road. 



SEC. 2. That any railroad company whose right of way, or whose J in t use of 

 track or roadbed upon such right of way, passes through any canyon, JjjJSSJJ* 11 ' P8SS ' r 

 pass, or defile, shall not prevent any other railroad company from the 

 use and occupancy of said canyon, 'pass, or defile, for the purposes 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 wagon or other 

 public highway now located therein, nor prevent the location through 

 the same of any such wagon road or highway where such road or high- 

 way may be necessary for the public accommodation; and where any 

 change in the location of such wagon road is necessary to permit the 

 passage of such railroad through any canyon, pass, or defile, said rail- 

 road company shall, before entering upon the ground occupied by such 

 wagon road, 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: Provided, That such expenses shall be equitably divided between .Equitable divi- 

 any number of railroad companies occupying and using the same Fion of expense " 

 canyon, pass, or defile. 



SEC. 3. That the legislature of the proper Territory may provide for Condemnation 

 the manner in which private lands and possessory claims on the public ^d^iw 

 lands of the United States maybe condemned; and, where such pro- claims, 

 vision shall not have been made, such condemnation 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 Missouri River to the Pacific Ocean, and to secure to the 



