The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-06-07
THE RIGHT OF WAY.

The right of way of railroads over the pup
lie domain and over lands owned by private
individuals is not. it appears, we'll uIoefstooo
by many of our people. The lack OF lnfor-
nation on this point is due, probably, to the
fact that until within the last few months a
railroad track has not been laid in the Ierrl-
tory, hence the question has never been raised.
But now, two railroads are being built WITH
in our boundaries. One of them is hasten
ing onward to make connection with the Pa
cific end of its line, and the other is making
rapid strides to reach its present objective
point-Butte. In the building of these roads
it frequently becomes necessary that the track
shall be laid upon lands, the titles to which,
rest in private individuals, and it sometimes
happens that one of these individuals object
to the rosd passing over his property. IT by
any process known to law, these objections
could be crystallzed into permanent injunc-
lions, the business of railroad building would
be forever suspended. For it stands to reason
that no person., company nor corporation
would invest millions of dollars in the con-
structlon of a road that could be stopped any
where upon its line by the objection or COM
plant of a party or parties over whose prop
erty such road must pass to reach its terminal
point. Hence laws have been enacted by
the legislature of this territory covering con-
tiDgencies of this character.
But, while under those laws the rights of a
man or a community of men to the full pos
session and enjoyment of his or their proper
ty are safely guarded and protected,t the rights
of an association or company of men known
by a corporate name are equally guarded and
protected and are clearly and plainly Defined.
yet it frequently occurs that the interests OF
a party and those of an association or corpor-
ate body of men clash or come in conflict.
When this happens the law steps i'll and de-
fines the rights of each party, without regard
to the interests of either, for if the interests
of either were alone to be respected we fear
that railroad building would be confined to
short lines and few localities. But very wise
ly for the public good there rests with and is
claimed by the legislature of every state and
Territory an inherent, sovereign power of
controlling private property for public use.
This power is known as the right of eminent
domain. In the exercise of this right the
passed a law which clearly defines the rights
of railroad corporations and the manner Of
securing private lands and premises for the
passage of their roads through the Territory.
The same law points out the mode by which
parties who may be damaged by such roads
can obtain redress for the same.
For the interest of our readers generally,
but more particularly for the benefit of the
MANY who are now or will be in the near
future compelled to become acquainted with its
provisions, we insert below such parts of The
law as bear directly upon the question under
consideration. The law may be found in
the Revised Statutes of 1879, on page G2O.
Section 800 grants the right of way, except as
against the United States, through the public
lands to any railroad corporation, incorpora-
ted under the article, to the extent of one
hundred feet in width on each side Of the
center of such railroad, and the right to take
from the public lands adjacent to the line OF
said road, earth, stone, ti1nber and water
necessary for the construction and mainten-
ance thereof; also lands for station build
ings, workshops, SIDE tracks, ETC., not to ex-
coed forty acres for every ten miles of road.
The above refers to public lands. The next
section which interests the owners of proper
ty over which railroads pass, We print entire.
1t reads as follows:
'Sec. 3O7. That for the purpose of sccur-
ing private lands and premises on the line of
such road within this territory winch may be
necessary and proper for the construc-
ton thereof, such corporation be and
is hereby empowered to enter upon
purchase, take and hold any lands
or premises that may be necessary and proper
for the construction and workings of said
road, not exceeding in width one hundred
feet Oh each side OF its center line, unless a
greater widCh be required for the purpose OF
excavation or einbailkment and also any
lands or premises that may be necessary and
proper for tu%rn-outs, standing places for cars,
depOts, station houses, or any other struc-
lures, required in the construction and oper-
ton of said road and such corporatlon shall
have the right to cut and remove tree, or 9TH
er material that might, by falling, incumber
its road bed, though standing or being more
than one hundred feet therefrom; and in case
the owner or claimant of such lands or prem
lses and such corporations cannot agree as to
the damages, the amount shall be determ-
ined by the appraisal of three disinterested
commissioners, who may be appointed upon
application by any party to any district court
or judge thereof, in any Of the judicial dis
tricts, in which the lands to be taken lie; and
said commissioners in their assessments of
damages shall appraise such premises at what
would have been the value thereof if the
road had not been built; and npon the return
into court of such appraisenent, and upon
the payment to the clerk thereof the amount
so awarded by the commissioners for the use
and benefit of the owner thereof, said prem