Fort Wrangel news., 1898-06-22

' interest and all minerals, including coal, Ill such right of way OF station grounds shall be reserved to the United States: Provided, That such lands may be loca- ted concurrently with the line of such road or tramway, and the plat of the preliminary survey and the map of def mite location shall be filed as in the ease of railroads and subject to the same conditions and limitations: Provided further. That such rights of way and privileges shall only be enjoyed by or granted tO citizens of the United States or companies or corporations organized under the laws of a state or territory; and such rights and privileges shall be held subject to the right of congress to alter. amend. repeal or grant equal rights to others on contiguous or paral- Tel routes And no right to construct d wagon road on which toll may he col lected shall be granted unless it shall first he made to appear to the satisfac ton of the secretary of the interior that the public conveyance requires the con structiOn of such proposed road, and that the expense of making the same available and convenient for public travel will not be less on an average than five hundred dollars per mile: provided, That the proposed line of road in any case shall be located over any road or trail ill common Use for public travel. the secretary Of the interior shall decline tD grant such right of way, if. ia his opinion, the interests of the public would be injuriouSiy affected thereby. Nor shall any right to collect toll upon any wagon road ia said dis ti'iCt bc granted or inure to any person, corporation or company until 1t shall be made to appear to the satisfaction of said secretary that at least an aver aye of five hundred dollars per mile has been actually expended i'll con stTuctiug such road: and all persons are prohibited from collecting Or at
 tempting to collect toll over any wagon road in said district. unless such per son or the company or person Tor whom he acts shall at the time and place the collection k made or attempted to be made possess written authority, signed by the secretary of the interior. author
 iZiug thc collection and specifying the rates of toll: Provided. That accurate printed copies of said written authority from the secretary of the interior. in- eludiHg toll. freight and passenger charges thereby approved, shall be kept constantly and conspicuoualy posted at each station where toll ii demanded or collected And any person, corpo- ration. or company collecting or at tempting to collect toll without such written authority from the secretary of the interior. or failing to keep the same posted as herein required. shall be deemed guilty of misdemeanor, and on conviction thereof shall b2 fined for each oaense nOt less than fifty dollars nor more than five hundred dollars. and in default of payment of such fine and costs of prosecution shall be i'm priSoned i'll jail not exceeding ninety days, or until such fine and costs of prosecution shall have been paid
 That any person. corporation or com
 pany qualified tO construct wagon road or tramway under the provisions of this act that may heretofore have con structed not less than one mile of road at cost of not less than five hundred dollars per mile or onehalf mile of tram way at cost of not less than five hun dred dollars: shall have the prior right to apply for such right of way and for lands and stations and terminals and to obtain the same pursuant to the prOvi- sions of this act over and along the line hitherto constructed or actually being improved by the applicant, including wharyes connected herewith. That if any party to whom license has been granted to construct such wagon road or tramway shall for the period of one year, fail. neglect or refuse to complete the same. the rights herein granted shall be forfeited as to any such uncompleted section of said wagon road or tramway and thereupon shall revert to the United States without further action or declar- ation, the notation of such uncOmpletCd section upon the records of the land office shall be cancelled, and the reScr- yations of such land for the purposes of said right of way shall cease and become null and void without further action. And if such road or tramway shall not be kept in good condition for use, the secretary of the interior may prohibit the collection of toll thereon pending the making of necessary repairs.
 That all mortgages executed by any company acquiring n right of way under this act upon any portion of it's road that may be constructed in said District of Alaska, shall be recorded with the sec retary of the interior, and the record thereof shall be notice of their execution and shall be a lien upon the rights and property of said company as therein ex- pressed and such mortgage shall also be recorded in the office of the secretary of the District of Alaska and in the office of the secretary of the state or territory wherein such company is organized: Provided, that all lawful claims of labor CTS, contractors, subcontracters or ma terial men, for labor performed or ma l., c., ;,,t yfr.4 4nt of