The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-17
THE ROAD Will Be REBUILT.

ard the construction would be 50 cheap
that the read could he built for saolvss
With q guaranteed traffic Of lsea tons Oh
ore 9 month from each OF the names
named. which would pay s. q ton freight.
and go tons q month of supplies and
material going into the mines. the gross
earnings would be seats9 q year. Deduct
60 per cent. or $se.9o0. for operating expen-
ses. and there remains $4,000 net earn
snga bonds for the construction OF the
road could be placed az per cent interest.
equivalent TO $lS.ooe year. leaving sur
plus of $S.0ee This calculation takes no
account Of log and lumber trafic. which
would grow up as the road advanced into
the timber: nor OF traffic from other
mines. the opening of which would be
stimulated by the improved transportation
facilities; nor of passenger traffic. The OPP
pcrtunity OF building up a lucrative traffic
is SO fully realized by those who have
looked .nso the subject that offers OF
the necessary capital are understood TO
have been made.
The Sultan valley Is obviously the nat
ural outlet for the ere Of the Is and Little
Chief mines. for the haul will be all down
hii. and the ore would be trammed down
the mountain to the concentration and
there the concentrates would be dumped
into cars. This is a far more economical
plan Of operation than 10 haul concen-
tratss UP one SADIE and down the other OF
the Marble pass distance Of 1900 feet.
10 the Everett & Monte Cfisto railroad.
The Sultan valley road. as projected,
would have the traffic not only of the
north fork mines but would be the natural
outlet for those on the south fork. Olney
creek and Elk basin whenever they arv
opened. Each of these sections Of the
Sultan district can be reached by short
spur and Very easy pass from Elk basin
10 Salmon creek would give access TO the
Skykomish north fork and there tap the
Silver, Troublesome. Howard and Trout
creek camps.
Tapped by Another Line.
Should ii be finally declared inexpedient
to rebuild the Everett Monte Cristo
railroad up the ssilaguamish soath fork,
the same territory could be tapped by
q lire from Arlington up the Stillaguamish
north fork and the Sank to connection
with the old line at Barlow pass. This
route vas admitted to be preferable for
many reasons when the Everett & Monte
Cristo road was first projected. as con-
struction would have been cheaper. the
danger Of damage by floods much less and
the timber traffic much heavier, as the
north fork valley boasts OF a splendid
belt of cedar. while the timber on the
south fork has proved a decided disap-
l,ointment. Since the wash-out surveyors
have again gone over this route with
view to its possible adoption. 1t would
open the rich. though undeveloped White
Horse mining district and by connection
with the old road at Barlow pass. would
make use OF the existing track for sew
enteen miles from Monte Cristo TO a point
four mics below Siyerton and would thus
tap al. the mineral country tributary TO
the old road. II would also run within
four miles OF the Goat Lake district.
where the Penn Mining company contin-
ues development. regardless OF the addi-
tional cost or transportation entaiied by
the wash-out.
Should the Everett & Monte Cristo re-
fuse 10 rebuild and some other company
desire TO use the whole, or any part of its
right OF way. the law has left way open
by which it can be acquired. The line runs
a.nsost entirely through unsurveyed land.
and the right of way was acquired ander
the following provisions of the act Of
March 3, 1876:
public lands of the United States Is hereby
granted to any railroad company =
to the extent Of 100 feet or each side OF
the central line OF said road.
THAT any railroad company whose right
OF way, or whose track or roadbed upon
such right of way. passes through any
canyon. pass or defle shall not prevent
any other railroad company from the use
and occupancy OF the said canyon. pass
or defi!e. for the purposes OF It's road In
common with the road first located. or
the crossing OF other railroads at grade"
That the first provision quoted does rot
grant absolute ownership Of the right OF
way. but only allows an easement SUBJ
1ect to compliance with the terms OF the
grant, is SHOWN by several decisions. In
the regulations concerning railroads
c'airring right Of way over the pubic
lands" approved by s. M. Stocklager.
acting commissioner OF the general land
Office. on June 10. 1858. there occurs this
provision:
Not In the Nature of q Grant.
THE act OF March 8. 1876. Is not In the
nature Of grant Of lands: IT does not
convey an estate in fee. either IN the right
OF way or the grounds selected for depot
purposes. IT Is q right OF use only. the
title still remaining in the United States"
This was followed on August II. 1892. by
decision OF Acting Secretary OF the In
terror Chandler regarding the right OF
way OF the Spokane Falls Northern
railroad TO the effect that "a railroad
company secures no franchise by the an
prevail OF map over unsurveyed land
which map could only be filed for pur
poses OF Information
In a subsequent decision IN the case os
the Pensacola 4 Louisville Railroad Conn
pany. the commissioner of the general
land Office held thus.
"A statutory gran; OF railroad RICH.
of way is grant of an eaS@mant aua ~.
lands over which the right of way 10 To-
Gated may be DISPOSED OF by paten, 10
others. subject 10 whatever right the COM
pany may have In the same,
These decisions have been followed hv
the actual forfeiture OF. the right OF way
OF railroad over public lands In this
state On June 2. 1891 Acting Secretary
Chandler recalled and vacated the arr
prevail of the map of definite loca.io, -,
the Union River Logging Railroad Com
pany. holding:
THAT the approval OF the articles NJ In
corporation ard maps Of definite location
OF said company were obtained by fs,sa