RIGHTS AND PRIVILEGES. 167 



jacent to the line of said road, material, earth, stone, and timber 



necessary for the construction of said railroad; 



( . t * tal ltfs - also ground adjacent to such right of way for 



station buildings, depots, machine shops, side 



tracks, turn-outs, and water stations, not to exceed 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 track or roadbed upon such right of way, 

 ' passes through any canyon, pass, or defile, shall 

 not prevent any other railroad company from 

 the use and occupancy of said canyon, pass, or defile, for the pur- 

 poses 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 highway may be nec- 

 essary 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 railroad 

 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 any number of railroad companies occupying and 

 using the same canyon, pass, or defile. 



SEC. 3. That the legislature of the proper Territory may pro- 

 vide for the manner in which private lands 

 Condemnation over an ,| possessory claims on the public lands of 

 Si5dSta!* VOBa the United ^ tat . es may be condemned; and, 

 where such provision 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 the 

 Missouri River to the Pacific Ocean, and to secure to the Govern- 

 ment the use of the same for postal, military, and other purposes, 

 approved July first, eighteen hundred and 'sixty-two," approved 

 July second, eighteen hundred and sixty-four. 



SEC. 4. That any railroad company desiring to secure the bene- 

 fits of this act shall, within twelve months after 

 Filing of map. the location of any section of twenty miles of 



surveyed and un- its roa d, if the same be upon surveyed lands, 

 surveyed lands. and, if upon unsurveyed lands, within twelve 



months after the survey thereof by the United 

 States, file with the register of the land .office for" the district 

 where such land is located a profile of its road; 

 Approval. and, upon approval thereof by the Secretary 



of the Interior, the same shall be noted upon 



