The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1881-09-09
-
LAND OFFICE CIRCULAR.
DEPARTMENT OF THE INTERIOR.
GENERAL LAND OFFICE


WASHINGTON. d. G. July 10. 1881.
To Registers and Recsicers, U. s. Laad
Offices and TO Special Agents of the
General Land Office. --s
GESTLkMEN:
The first section OF the act of Con
gress approved March 3. 1875, Is Stats.
4S2, granting to railroads the right of
way through the public lands Of the
United States. provides that any rail,
road company organized as therein de-
scribed shsll have "the right to take
from the public lands adjacent to the
line OF said road. material. earth, stone,
and timbsr necessary for tue construe,
tion of said railroad"
In determining the rights of rail.
road companies under the foregoing
provision, You will be governed by the
following Instructions:
J. Said provision refers exclusively
to contemplated or unconstructed roads
Companies have no right to take tim.
Der or other material, undsr this act. for
repsirsor further improvements of roads
already constructed
2. Tie right granted to any railroad
company under this act To take material
from the public lands adjacent to the
line OF said road," is not restricted TO
lands within any definite distance from
the line of the road, but the nearest
or most convenient points opposite the
line Of the road and within the terminal
points of the road.
3. II is not neoes sary that the required
|-materisl be taken st right angles with
or opposite to the exact points at which
the work OF construction Is beng done.
but said material may be taken from
such points ss are nearest or most ac-
cessibl, to some part OF the road mess-
uring from the line Of the road. The
same rule that would apply to the re-
movsl of earth for use in the construc-
tion Of q road 10 equally applicable to
the procurement for the came purpose
Of the necessary stone or timber. Some
timber may therefore be taken from the
public lands opposite the iius Of the
road and within the termini there
Of. aud carried forward and dis.
tributed ~ required in the process Of
construction.
4. The right under this act 70, take
material from the public kinds foe the
| ooustznetiou of ruiiroads b granted TO
tsilroad companies csSAnizAd sneprdine
% the provisions of this sct, and to no
other parties. Railroad compsniss hsve
no power to give general authority TO
the public 20 cat timber from the pubs
lic lAnds. nor hes Congrsss ever given
such authority. 10 the public. sf n
IndiyiduAls coEtsollsd and directed
\ cy railroad company. or by the con.
Tractors OF sueh company for binding
its rosd. snd for whose acts the com,
psny can be held responsible. will be
deemed the agents VI the company
within the meaning OF this act.
But individuals cutting timber from
the public lands and selling the same
| TO . railroad company at an agreed
price are mob agents Of the company
In such . case the railroad compspy y
would have no authority to direct The
the timber should be taken, nor any
control whstevsr over the individcsls
cutting the 6mbsr. nor could it bs
held In any way responsible for the
conduct Of such individnsls.
Only those persons. therefore. wae
are the direct duly authorized agents
o! q proper railroad company can rep
resent the COMPANY In the exercise o.
the rights granted 10 sseh COMPANY
under this act.
Persons who merely contract to cu'
and deliver to . railroad company tie,
or other timber At csrtsan rates per tic
or quantity. for whose acts the COMPANY
is not responsible, have no authority Il
take ticabsS fron the public lands eves
for delivery 10 railroad company au
thorixsd 10 take such timber by IL
proper agsuts- such unauthurize'
persons will be deemed frespsssers o.
the public lAnds and mast be proceed
ed against accordingly.
\ 5. Each right-of way railroad com
J psny mnst arrange for procuring th
material authorized 20 be taken in sscl
manner that il may be held response
BILE for asy unlawful taking Of material
4 or waste Of public property.
. 6. In ell instances whsrein rAtiroa'
compsny dsswes 70 take large quanti
ties of earth. sSone. OF timber. unde
the provisioes OF this oct. from an
J one particular spot or vicinity. q
proper officers or duly authorizs1 ger
irssentAtive Of said company mus ~as
ispplssStioa in writing 10 the Com9i'
! sisner Of the General Land ONO
J tnrough the Register and Recsivsr