Arizona weekly miner., 1875-03-26
RAILROADS IN TERRITORIES

RHILROADS IN TERRITORIES
 The following is A correct copy of wha
 is known as the "Territorial right of wa
 till," it being based on the bill intro
 duced in Congress last year by MT. McCor
 mick, and urged by the Territorial Delegates
 It will save special legislation, and stimuIat
 the construction of railways where they ar
 much needed:
 AN ACT granting to railroads the right O
 way over the public lands of the United
 States.
 Bst enacted Ly tke Senate aNd Honse of RsD.
 TeSentatires of the United S,ates in Congress as-
 sem6sed, That the right of way through the
 public lands of the United States is hereby
 granted to any railroad company duly or
 ganZed under the laws of any State or Ter , ritory, except the District of Columbia. or
 by the Congress of the United States. which
 shall have filed with the Secretary of the
 Interior copy of its articles of incorpora-
 ton, and due profits of its organization un-
 der the same, to the extent of one hundred
 feet on each side of the central line Of said
 road; also the right to take from the pub
 lIc lands adjacent to the line of said road
 material, earth, stone and timber necessary for the construction Of said railroad; also ground adjacent to su. h right of way for statlon-buidings, dcpots, machine shops. side-tracks, turnouts and water-statons. not to exceed m amount twenty acres for each station, to the extent of one station for each ten miles of the road
 SEC. 7. That any railroad company whose right of way, or whose track or road bed upon such right of way, passes through any canyon, pass or detle for the purposes of its road, m 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 no cause the disuse of any wagon-road or other public highway now located therein, nor prevent the location through the same or my such wagon road or highway where such road or highway may be necessary for the pu5lc accommodation and where any change Tn the location of such wagon-road is | necessary to pc: nit the passage of such rail- | road through any canyon, pass or defie, said | railroad company shall, before entering upon | the ground occupied by such wagon-road. cause the same to be reconstructed at it's own ex- pense in the most favorable location. and in as perfect manner as the original road: ProTided, That such expense shall be eouita- ply divided between any number of railroad companies occupying or using the same can yon, pass or defilc.
 SEC. 5. That the Legislature of the proper Territory may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemed; or where such provision has not been made, such condemnation may be made m accordance with section three of the act entitled An act to aid in the construction of railroad and telegraph line from the Mis- souri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military and other purpose, approved l July l, 1862" approved July 2, 1864. SEC I. That any railroad company desir- ( nS to secure the benefits of this act shall. | 1 within twelve months after the location of my section of twenty miles of its road, if the i 'ame be upon surveyed lands, and, if upon ! lnsurveyed lands, within twelve months . liter the survey thereof by the United States, file with the register of the land 'iiice for the district where such land is To- ated profile of its road and upon approval t hereof by the Secretary of the Interior the anne shall be noted upon the plats in said c ilice; and thereafter all such lands over q which such right ot way shall pass shall be o isposed of subject to this right of way; ''roe'det, That if any section of said road al hall not be completed within five years af- fl CT the location of said section, the rights h ierein granted shall not be forfeited as to n ny such uncompleted section of said road. d SEC. ,. That this act shall not apply to o ny lands within the limits of any military, " ark or Indian reservation, or other lands al pecially reserved from sale, unless such right Il way shall be provided for by treaty stipu- V 'tion or by act of Congress heretofore lssed. SEC. G. That Congress hereby reserves the Tc ght at any time to alter, amend or repeal ,o lis act or any part thereof ~ Approved March f. 1875. ~