NATIONAL FOREST MANUAL LAWS. 55 



SPECIAL LEGISLATION GRANTING RIGHTS OF WAY. 



Act of May 1, 1906 (34 Stat... 163), granting permit, revocable by Secretary for certain National For- 

 causes, to occupy for hydroelectric purposes, lands in San Bernardino, Sierra, and San ests in southern 

 Gabriel National Forests, Cal. California. 



Act June 30, 1906 (34 Stat., 801), authorizing the Secretary of the Interior to sell to Los Angeles wa- 

 the city of Los Angeles, Cal., certain public lands in California, and granting rights in, ter supply, 

 over, and through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and 

 the San Gabriel Timber Land Reserve, Cal., to the city of Los Angeles, Cal. 



Act of May 18, 1898 (30 Stat., 418), granting the Santa Fe & Grand Canyon Railroad Santa Fe & 

 Co. right of "way for railroad purposes through the Grand Canyon Forest Reserve in Grand Canyon R. 

 northern Arizona. R. Co. 



Act of June 27, 1898 (30 Stat., 493), granting right of way through the Pikes Peak Cripple Creek 

 Timber Land Reserve and the public lands to the Cripple Creek District Railway Co. Ry. Co. 



Act of July 8, 1898 (30 Stat., 729), granting right of way through the Pikes Peak Tim- Cripple Creek 

 ber Land Reserve and the public lands to the Cripple Creek Short-Line Railway Co. Short Line. 



Act of January 10, 1899 (30 Stat., 783), granting the Saginaw Southern Railroad Co. S a g i n a w & 

 a right of way for railroad purposes through the San Francisco Mountains Forest Reserve. Southern Ry. Co. 



Act of February 28, 1899 (30 Stat., 910), to grant to the Pasadena & Mount Wilson Pasad e n a & 

 Railway Co. right'of way and certain lands for railroad purposes through the San Gabriel Mount Wilson 

 Forest Reserve. Ry. Co. 



Act of June 6, 1900 (31 Stat., 657), to grant right of way over Government lands for a Flagstaff water 

 pipe line for the conveyance of water to Flagstaff, Ariz. supply. 



Act of February 25, 1903 (32 Stat., 907), granting the Central Arizona Railway Co. a Central Arizona 

 right of way for railroad purposes through the San Francisco Mountains Forest Reserve, Ry. Co. 

 in the Territory of Arizona. 



RIGHTS OF WAY IN ALASKA RAILROADS, TRAMROADS, AND 

 WAGON ROADS. 



Act May 14, 1898, sections 2-9 (30 Stat., 409). 



DECISIONS RELATING TO RIGHTS OF WAY. 



Rights of way for Government uses. A way of necessity is reserved to 

 the Government where a tract of National Forest land is entirely cut 

 off from a public highway by other lands formerly a part of the public 

 domain. (2 Sol. Op., 973.) 



Act of August 30, 1890 (26 Stat., 371, 391), reserves right of way for 

 Government reclamation projects and is valid. (United States v. 

 Van Horn, 197 Fed., 611.) 



Act of August 30, 1890 (26 Stat., 371, 391), reserves right of way for 

 Governmental purposes only. (Solicitor to Forester, Oct. 3, 1910.) 



The Secretary of Agriculture is authorized to acquire, by purchase 

 or condemnation, rights of way for roads needed as outlets for National 

 Forest timber. Such rights of way are not additions to National For- 

 ests within the meaning of the prohibition contained in the act of 

 March 4, 1907. (Same.) 



Construction of Forest Service telephone lines over unreserved pub- 

 lic lands need not be protected by prior reservation of a right of way 

 by the Interior Department, but as a matter of policy a reservation 

 should be requested. (1 Sol. Op., 276.) 



The construction and maintenance of roads and trails by the Forest 

 Service upon unsurveyed vacant public lands, although such lands are 

 outside the National Forests, is authorized and such construction and 

 maintenance operates as a reservation of right of way which will not 

 be affected by subsequent sale or disposition of the lands. (1 Sol. 

 Op., 482.) 



The consent of the landowner must be secured for the construction 

 of a Forest Service telephone line along a public highway passing over 

 patented land. (1 Sol. Op., 295.) 



Powers and discretion of Secretary. The exercise of the jurisdiction 

 of the Secretary of the Interior over applications for rights of way 

 within reservations under these acts involves more than a mere legal 

 discretion and he should look beyond the mere technical sufficiency 

 of the application and in a broad view subserve the interests of the 

 whole people. (California-Nevada Canal, Water & Power Co., 40 

 L. D., 380.) 



"Under act March 3, 1891, c. 561, 18, 19, 26, Stat, 1101, 1102 

 (U. S. Comp. St., 1901, pp. 1570, 1571), granting right of way for irri- 

 gating canals, ditches, and reservoirs over the public lands to irrigation 

 companies, upon the filing of a map thereof and its approval by the 

 Secretary of tne Interior, such approval is essential, and where it was 



