RIGHTS OF WAY DECISIONS. 85 



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

 Grand Canyon Railroad Co. right of way for railroad purposes 

 through the Grand Canyon Forest Reserve in northern Arizona. 



Act of June 27, 1898 (30 Stat., 493) , granting right of way through 

 the Pikes Peak Timber Land Reserve and the public lands to the 

 Cripple Creek District Railway Co. 



Act of July 8, 1898 (30 Stat., 729), granting right of way through 

 the Pikes Peak Timber Land Reserve and the public lands to the 

 Cripple Creek Short-Line Railway Co. 



Act of January 10, 1899 (30 Stat., 783), granting the Saginaw 

 Southern Railroad Co. a right of way for railroad purposes through 

 the San Francisco Mountains Forest Reserve. 



Act of February 28, 1899 (30 Stat., 910), to grant to the Pasadena 

 & Mount Wilson Railway Co. right of way and certain lands for 

 railroad purposes through the San Gabriel Forest Reserve. 



Act of June 6, 1900 (31 Stat., 657), to grant right of way over 

 Government lands for a pipe line for the conveyance of water to 

 Flagstaff, Ariz. 



Act of February 25, 1903 (32 Stat., 907), granting the Central 

 Arizona Railway Co. a right of way for railroad purposes through 

 the San Francisco Mountains Forest Reserve, in the Territory of 

 Arizona. 



Rights of way in Alaska — Railroads, tramroads, and wagon roads. 

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



DECISIONS. 



Rights of way for Government nse. 



The Secretary of Agriculture has authority to require the locators 

 of mining claims within National Forests to permit the United 

 States, or its vendees, means of ingress and egress over their claims 

 for the purpose of removing timber, and administering and pro- 

 tecting the National Forests. (Sol. Op., Nov. 4, 1915.) 



Where telephone lines belonging to the Forest Service have been 

 constructed over public lands, in the patents issued to such lands, 

 there will be inserted a clause excepting from the conveyance the 

 telephone line and all appurtenances thereto, together with the right 

 of the United States, its officers, agents, or employees, to maintain, 

 operate, repair, or improve such telephone line so long as needed or 

 used for or by the United States. (Letter (D-17542) of Assistant 

 Secretary Sweeney, dated Aug. 31, 1915, directed to the Commissioner 

 of the General Land Office.) 



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 ; 

 see also U. S. v. Rindge, 208 Fed., 611.) 



^ 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.) 



