evidence of

Forfeiture.

of

thereon; third, the date of the performance of such labor and of making improvements; fourth, at whose instance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the per- Prima facie formance of such work or making of such improvements, performance but if such affidavits be not filed within the time fixed by work, etc. this act the burden of proof shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner of any such claim to comply with the provisions of this act, as to performance of work and improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required hereby may be made before any officer before officer authorized to administer oaths, and the provisions may be made. of sections fifty-three hundred and ninety-two and fiftythree hundred and ninety-three of the Revised Statutes are hereby extended to such affidavits. Said affidavits shall be filed not later than ninety days after the close of Time of filing. the year in which such work is performed.

SEC. 2. That the recorders for the several divisions or districts of Alaska shall collect the sum of one dollar and fifty cents as a fee for the filing, recording, and indexing said annual proofs of work and improvements for each claim so recorded.

Approved, March 2, 1907 (34 Stat., 1243).

whom affidavits

Fee.

for filing adverse

Alaska.

An Act Extending the time in which to file adverse claims and institute adverse suits against mineral entries in the district of Alaska. Be it enacted by the Senate and House of Representatives, Time extended of the United States of America in Congress assembled, mineral claims in That in the district of Alaska adverse claims authorized and provided for in sections twenty-three hundred and twenty-five and twenty-three hundred and twenty-six, United States Revised Statutes, may be filed at any time during the sixty days period of publication or within eight months thereafter, and the adverse suits authorized and provided for in section twenty-three hundred and twenty-six, United States Revised Statutes, may be instituted at any time within sixty days after the filing of said claims in the local land office.

Approved, June 7, 1910 (36 Stat., 459).

An Act To modify and amend the mining laws in their application to the Territory of Alaska, and for other purposes.

Assessment

Be it enacted by the Senate and House of Representatives Association placer-mining of the United States of America in Congress assembled, claims prohibited. That no association placer-mining claim shall hereafter required. be located in Alaska in excess of forty acres, and on every placer-mining claim hereafter located in Alaska and until a patent has been issued therefor, not less than

torneys.

Restriction.

one hundred dollars' worth of labor shall be performed or improvements made during each year, including the year of location, for each and every twenty acres or excess fraction thereof.

Location by at- SEC. 2. That no person shall hereafter locate any placer-mining claim in Alaska as attorney for another unless he is duly authorized thereto by a power of attorney in writing, duly acknowledged and recorded in any recorder's office in the judicial division where the location is made. Any person so authorized may locate placer-mining claims for not more than two individuals or one association under such power of attorney, but no such agent or attorney shall be authorized or permitted to locate more than two placer-mining claims for any one principal or association during any calendar month, and no placer-mining claim shall hereafter be located in Alaska except under the limitations of this Act.

Number of locations limited. Ownership.

Area of claims.

Effect of violations.

school or mission

disturbed.

tions.

SEC. 3. That no person shall hereafter locate, cause or procure to be located, for himself more than two placer-mining claims in any calendar month: Provided, That one or both of such locations may be included in an association claim.

SEC. 4. That no placer-mining claim hereafter located in Alaska shall be patented which shall contain a greater area than is fixed by law, nor which is longer than three times its greatest width."

SEC. 5. That any placer-mining claim attempted to be located in violation of this Act shall be null and void, and the whole area thereof may be located by any qualified locator as if no such prior attempt had been made. Approved, August 1, 1912. (37 Stat., 242).

MISSION SITES.

An Act Making further provision for a civil government for Alaska and for other purposes.

*

*

*

*

*

Occupants of SEC. 27. The Indians or persons conducting schools or lands not to be missions in the district shall not be disturbed in the posMissionary sta-session of any lands now actually in their use and occupation, and the land at any station not exceeding six hundred and forty acres, occupied as mission stations among the Indian tribes in the section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of the several religious societies to which the missionary stations respectively belong, and the Secretary of the Interior is hereby directed to have such lands surveyed in compact form as nearly as practicable and patents issued for the same to the several societies to land which they belong, but nothing contained in this act shall be construed to put in force in the district the general land laws of the United States.

General

laws not to apply.

RAILROADS AND RIGHTS OF WAY.

An Act Extending the homestead laws and providing for right of way for railroads in the district of Alaska, and for other purposes.

railroads.

construction.

for

SEC. 2. That the right of way through the lands of the Right of way to United States in the district of Alaska is hereby granted to any railroad company, duly organized under the laws of any State or Territory or by the Congress of the United States, which may hereafter file for record with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the center line Width. of said road; also the right to take from the lands of the United States adjacent to the line of said road material, Materials earth, stone, and timber necessary for the construction of said railroad; also the right to take for railroad uses, subject to the reservation of all minerals and coal therein, public lands adjacent to said right of way for station Stations. buildings, depots, machine shops, side tracks, turn-outs, water stations, and terminals, and other legitimate railroad purposes, not to exceed in amount twenty acres for Limit. each station, to the extent of one station for each ten miles of its road, excepting at terminals and junction points, which may include additional forty acres, to be limited on navigable waters to eighty rods on the shore line, and with the right to use such additional ground as may in the opinion of the Secretary of the Interior be necessary where there are heavy cuts or fills: Provided, That nothing herein contained shall be so construed as to give to such railroad company, its lessees, grantees, or assigns the ownership or use of minerals, including coal, within the limits of its right of way, or of the lands hereby granted: Provided further, That all mining operations prosecuted or undertaken within the limits of such right of way or of the lands hereby granted shall, under rules and regulations to be prescribed by the Secretary of the Interior, be so conducted as not to injure or interfere with the property or operations of the road over its said lands or right of way. And when such railway shall connect with any navigable stream or tidewater such company shall have power to construct and maintain necessary piers and wharves for connection with water transportation, sub- wharves. ject to the supervision of the Secretary of the Treasury: Provided, That nothing in this act contained shall be construed as impairing in any degree the title of any State Rights of future that may hereafter be erected out of said district, or any part thereof, to tide lands and beds of any of its navigable waters, or the right of such State to regulate the use thereof, nor the right of the United States to resume possession of such lands, it being declared that all such rights shall continue to be held by the United States in trust for the people of any State or States which may hereafter be

Minerals excepted.

Mining operafere with road.

tions not to inter

States.

waters" defined.

"Navigable erected out of said district. The term "navigable waters," as herein used, shall be held to include all tidal waters up to the line of ordinary high tide and all nontidal waters navigable in fact up to the line of ordinary highwater mark. That all charges for the transportation of freight and passengers on railroads in the district of Railroad charg Alaska shall be printed and posted as required by section six of an act to regulate commerce as amended on March second, eighteen hundred and eighty-nine, and such rates shall be subject to revision and modification by the Secretary of the Interior.

es to be printed and posted.

Passage of railroads through

etc.

etc.

SEC. 3. That any railroad company whose right of canyons, pass, way, or whose track or roadbed upon such right of way, Interference passes through any canyon, pass, or defile shall not prewith wagon roads, vent any other railroad company from the use and occuRelocation of. pancy of said canyon, pass, or defile for the purposes of its roads, in common with the road first located, or the crossing of other railroads at grade; and the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any tramway, wagon road, or other public highway now located therein, nor prevent the location through the same of any such tramway, wagon road, or highway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the location of such tramway, wagon road, or highway is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such tramway, wagon road, or highway cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road or tramway: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile, and that where the space is limited the United States district court shall require the road first constructed to allow any other railroad or tramway to pass over its track or tracks through such canyon, pass, or defile on such equitable basis as the said court may prescribe; and all shippers shall be entitled to equal accommodations as to the movement of their freight and without discrimination in favor of any person or corporation: Provided, That nothing herein shall be of construed as depriving Congress of the right to regulate charges. the charges for freight, passengers, and wharfage.

Expenses.

Regulation

freight, etc.,

Appraisal by commissioners of land taken.

SEC. 4. That where any company, the right of way to which is hereby granted, shall in the course of construction find it necessary to pass over private lands or possessory claims on lands of the United States, condemnation of a right of way across the same may be made in accordance with section three of the act entitled "An act to amend an act entitled 'An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government

preliminary sur

the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixtytwo, approved July second, eighteen hundred and sixty-four: Provided further, That any such company, by filing with the Secretary of the Interior a preliminary Filing of plat of actual survey and plat of its proposed route, shall have vey. the right at any time within one year thereafter, to file the map and profile of definite location provided for in this act, and such preliminary survey and plat shall, during the said period of one year from the time of filing the same, have the effect to render all the lands on which said preliminary survey and plat shall pass subject to such right of way.

location.

SEC. 5. That any company desiring to secure the bene-, Maps of definite fits of this act shall, within twelve months after filing the preliminary map of location of its road as hereinbefore prescribed, whether upon surveyed or unsurveyed lands, file with the register of the land office for the district where such land is located a map and profile of at least a twenty-mile section of its road or a profile of its entire road if less than twenty miles, as definitely fixed, and shall thereafter each year definitely locate and file a map of such location as aforesaid of not less than twenty miles additional of its line of road until the entire road has been thus definitely located, and upon approval thereof by the Secretary of the Interior the same shall be noted upon the records of said office, and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That if any section of said road shall not be completed within one year after the definite location of said section so approved, or if the map of definite location be not filed within one year as herein required, or if the entire road shall not be completed within four years from the filing of the map of definite location, the rights herein granted shall be for- Forfeiture feited as to any such uncompleted section of said road, and thereupon shall revert to the United States without further action or declaration, the notation of such uncompleted section upon the records of the land office shall be canceled, and the reservations of such lands for the purposes of said right of way, stations, and terminals shall cease and become null and void without further action.

noncompliance.

for

for wagon roads

SEC. 6. That the Secretary of the Interior is hereby, Rights of way authorized to issue a permit, by instrument in writing, in and tramways. conformity with and subject to the restrictions herein contained, unto any responsible person, company, or corporation, for a right of way over the public domain in said district, not to exceed one hundred feet in width, and ground for station and other necessary purposes, not to exceed five acres for each station for each five miles of road, to construct wagon roads and wire rope, aerial, or other tramways, and the privilege of taking all necessary material from the public domain in said district for the Use of material.