The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1882-05-03
pAnROAD RIGHT OF WAY.
~. Contest Between the Utah d
Wyoming and tho Oregon
Short Line.

I'm the Oregon Short Line Railway,
..vt q; ira ger, Wyoming, the road
VS. N through Twin Creek canyon for
.I,tanrc Of about forty miles. The
,,ru land in the canyon is but narr,w
vim - that the usual right Of way 2OO
:".r wide. allowed for the const ructiOn
,r,;lru,!- takes Up about all the land
', ,I,. cy,.:rn adapted for Il railroad
.r.s In The priag q! lSSl a corpora
,;, ,;,r s;yhh the lah Is Wyoming Rail-
rad Company surveyed this is,ss AID
,tied a line from the western boundary
!.;Wyomn" eastward to Granger sta
,;on on i.,e t'niOn Pacific, i distance Of
ncr sDnilcs.
The nla,, Of this road. were filed in
tho Office OF the Secretary Of the Interior
,nd were accepted hy that Dcpa rt,nent,
',rr wl.;ri, the Evanston land Office
w,s notified HAT This strip Of lan,i had
icon DISMISSED q! :O tho Utah Il WyO-
mix. TO-, aMu hence was not subject to
.r.ry hv homestead or prc-elnptiOn.
A. u,i,e same time that these surveys
wrr.. in.:nw nl;lic by the Utah e. WyO-
r;nr Co., the Oregon Short Line 60.
MAS .l.o engaged in making surveys.
The latter company graded and tracked
,,e road from Granger west u distance
Of nearly ei.i,: miles, 0ne-half or more
I..iu. on gruun., claimed by the Utah &
Wyoming, which company gave notice
anil warming, rs they represent, against
,rp,,s.ss upon their right Of way.
When the Oregon short Line Co. Of
ered to file their maps in the Depart
uent Of the Interior, the Utah & Wy0-
ming protested. On April ~, Hon. =.
]. .Klrkwosrl, then Secretary Of the In
terror. permitted the filing Ut the maps
of the oregon Short Line. His letter to
Ike commissioner OF the general land Of
tce reads as follows:
SIR: | return tGr your files two maps
ot the Oregon Short Line Railway Co.,
submitted for my approval by your let
Ter II the 9Th inst, and showing the line
II location under act Of March I'D, 1875,
II two sections Of twenty miles each,
viz. From point ON Harris Fork forty
miles west Vi Granger in the Territory
M Montana to q point on Twin Greek I'm
s%tion :, township u, north Of range ITO
vest and from, the point last named to q
point in section ID, township q, north
II nnge III west.
You report that the line represented
~ the first map, and also about four
miles Of that represented on the second,
passes through the same quarter sections
# land as the located line Of the Utah &
Wyoming Railroad Company heretofore
approved.
In this connection, have to state that
upon protest and petition Of the last
named company. fled I'm this depart
n~nt on the DIST "f January last upon
a<gati"ns Oi fOrcible appropriation by
the former company Of the previously
ts'atesi line Of the latter. ] have al
lowed the parties to file aifi(lavits and to
present before lie full argument upon
the subject Of my right to approve the
maps now presented.
The aifitlavits present entirely con
a'eting statement Of facts respectlne
such apprOpriatiOn. Not deeming 1t
psoper upon the showing made for me
lake official cs,gnizance Of the issues O
acts presented. and being Of the opinion
That the judicial tribunals alone can :ai'
snorltativeiy determine the respective
tights ot the parties. I have decided to
appnwe the location subject to tn
rights Of the Union Pacific Railway 20
a'ross whose lands I understand TN
'ne passes, and also subject to- he right'
"i the Utah tx Wyoming Railroad 20
upon whose previously located an ap
proved right Of way Of the Oregon
mort mort Line Railway Co., and OF IN
Ming Of du" proofs of the same, ana Tn
approval thereof by this department
ANT have endorsed my approval accord
'nsly."
IL We understand this decision :'of
hTt'y il G,,., not convey any rights
which conflict with the rights OF prio
''ain', already granted, and leaves tn
settlement Of the differences bet
We two companies to the decision ~ TN
cNlYi> III <.I-, Y'.:I.,,k 1IAyH ~.