itself, its successors and assigns, that they will neither aid, advise, or assist toward any effort looking to the changing of or extinguishing the present tenure of the Indians in their lands, and will not attempt to secure from the Indians for the purposes of said railway any further grant of land, or its occupancy, than herein provided, except for the purpose of mining coal: Provided, That any violation of the conditions named in this section shall operate as a forfeiture of all the rights and privileges of said railway company under this act: Provided further, That the entire line of said road shall be surveyed and located and said location approved by the Secretary of the Interior before the work of construction shall commence. 29 STAT. 120, MAY 14, 1896. TRAMROADS, CANALS, AND RESERVOIRS-ELECTRIC POWER. AN ACT To amend the act approved March 3, 1891 (26 Stat. 1095) granting the right of way upon the public lands for reservoir and canal purposes. Be it enacted, etc., That the act entitled "An act to permit the use of the right of way through the public lands for tramroads, canals, and reservoirs, and for other purposes," approved January 21, 1895 (28 Stat. 635), be, and the same is hereby, amended by adding thereto the following: "SEC. 2. That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of right of way to the extent of 25 feet, together with the use of necessary ground, not exceeding 40 acres, upon the public lands and forest reservations of the United States, by any citizen or association of citizens of the United States, for the purposes of generating, manufacturing, or distributing electric power." NOTE. The reference in the title of this act to the act approved March 3, 1891 (26 Stat. 1095), is evidently an error, as shown in the body of the act. But section 18 of the act of March 3, 1891 (26 Stat. 1095, p. 1101), does grant the right of way through the public lands to canal and ditch companies. 30 STAT. 910, p. 911, FEBRUARY 28, 1899. PASADENA & MOUNT WILSON RAILROAD-MINERALS RESERVED. AN ACT To grant to the Pasadena & Mount Wilson Railway Co. right of way and certain lands for railroad purposes through the San Gabriel Forest Reserve. Be it enacted, etc., * * * SEC. 2. * * * Also a tract of land consisting of 40 acres at the terminus of said right of way at Mount Lowe: Provided, That all minerals, including coal, in all of said right of way and lands hereby granted are reserved to the United States. 30 STAT. 1214, p. 1233, MARCH 3, 1899. FOREST RESERVATIONS RESERVOIR SITES-HIGHWAYS ACROSS. AN ACT Making appropriations to supply deficiencies in appropriations for the fiscal year ending June 30, 1899, and for other purposes. Be it enacted, etc., * * * That in the form provided by existing law the Secretary of the Interior may file and approve surveys and plats of any right of way for a wagon road, railroad, or other highway over and across any forest reservation or reservoir site when in his judgment the public interest will not be injuriously affected thereby. See 2339 R. S., p. 609; 14 Stat. 251, p. 253, sec. 8, p. 633; 28 Stat. 635, 2 Supp. 367, p. 1190. 31 STAT. 790, 2 SUPP. R. S. 1483, FEBRUARY 15, 1901. PUBLIC LANDS PERMITS GENERALLY. AN ACT Relating to rights of way through certain parks, reservations, and other public lands. Be it enacted, etc., That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant National Parks, California, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or other beneficial uses to the extent of the ground occupied by such canals, ditches, etc., * * * or electrical or other works permitted hereunder, and not to exceed 50 feet on each side of the marginal limits thereof, or not to exceed 50 feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named: Provided, That such permit shall be allowed within or through any of said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the department under whose supervision such park or reservation falls and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all permits given hereunder for telegraph and telephone purposes shall be subject to the provision of title 65 of the Revised Statutes of the United States, and amendments thereto, regulating rights of way for telegraph companies over the public domain: And provided further, That any permission given by the Secretary of the Interior under the provisions of this act may be revoked by him or his successor in his discretion, and shall not be held to confer any right, or easement, or interest in, to, or over any public land, reservation, or park. See Act of Jan. 21, 1895, 2, Supp. R. S. 367. 33 STAT. 628, FEBRUARY 1, 1905. FOREST RESERVATIONS-MUNICIPAL AND MINING PURPOSES. AN ACT Providing for the transfer of forest reserves from the Department of the Interior to the Department of Agriculture. Be it enacted, etc., * * * SEC. 4. That rights of way for the construction and maintenance of dams, reservoirs, water plants, ditches, flumes, pipes, tunnels, and canals, within and across the forest reserves of the United States, are hereby granted to citizens and corporations of the United States for municipal or mining purposes, and for the purposes of milling and reduction of ores, during the period of their beneficial use, under such rules and regulations as may be prescribed by the Secretary of the Interior, and subject to the laws of the State or Territory in which said reserves are respectively situated. A. RIGHTS OF WAY IN FOREST RESERVES. 1. LIMITATIONS ON USE OF PRIVILEGE. 2. APPLICATION OF ACT TO MINING PROPERTY. 1. LIMITATIONS ON USE OF PRIVILEGE. This act was evidently drawn in the interest of municipalities and miners, and the limitations upon the use of the privileges granted are such as to warrant especial scrutiny of the purposes of the projectors of the enterprise before giving approval to an application filed under the act. Northern California Power Co., In re, 37 L. D. 80, p. 81. The uses to which the right of way granted under this section may be applied are limited to municipal and mining purposes, including the milling and reduction of ore and the right can be enjoyed during the period of their beneficial use. Northern California Power Co., In re, 37 L. D. 80, p. 81. 2. APPLICATION OF ACT TO MINING PROPERTY. Where a privilege sought under this act might be used in the operation of mining property, but where it appears that this use would be incidental merely to the real purpose of the projector, the application should be rejected. Northern California Power Co., In re, 37 L. D. 80, p. 81. 56974°—Bull. 94, pt 2—15—24 SALINES AND SALT SPRINGS. 1 STAT. 464, p. 466, MAY 18, 1796. SURVEYOR MUST NOTE MINES, SALT LICKS, AND SALT SPRINGS. AN ACT Providing for the sale of the lands of the United States, in the territory northwest of the river Ohio, etc. Be it enacted, etc., * * * SEC. 2. Be it further enacted, * * * Every surveyor shall note in his field book the true situations of all mines, salt licks, salt springs, and mill sites, which shall come to his knowledge; all watercourses, over which the line he runs shall pass; and also the quality of the lands. * * * SEC. 3. Be it further enacted, That a salt spring lying upon a creek which empties into the Scioto River, on the east side, together with as many contiguous sections as shall be equal to one township, and every other salt spring which may be discovered, together with the section of one mile square which includes it, and also four sections at the center of each township, containing each one mile square, shall be reserved, for the future disposal of the United States; but there shall be no reservations, except for salt springs, in fractional townships, where the fraction is less than three-fourths of a township. A. SURVEYOR'S DUTIES. B. SALINES RESERVED FROM SALE, p. 1195. C. SALT SPRINGS RESERVED FROM SALE, p. 1195. D. MINERAL LOCATIONS ON AGRICULTURAL LANDS EFFECT, p. 1196. A. SURVEYOR'S DUTIES. 1. LOCATION OF MINES, SALT SPRINGS, ETC., ON FIELD BOOKS. 2. SURVEYOR'S NOTATION OF MINES-EFFECT AS EVIDENCE. 1. LOCATION OF MINES, SALT SPRINGS, ETC., ON FIELD BOOKS. See Lead mines, p. 1039. Reservations, p. 1159. Settlers' relief acts, p. 1215. State and public grants, p. 1239. This act requires every surveyor to note in his field book the true situation of all mines, salt licks, salt springs, and mill sites, and return such field books to the surveyor general, who shall cause a plat to be made. Cole v. Markley, 2 L. D. 847, p. 849. Winscott v. Northern Pac. R. Co., 17 L. D. 274, p. 276. Alabama, In re, 21 L. D. 320, p. 321. Lease of Mineral Lands, In re, 4 Op. Atty. Genl. 480, p. 484. By this act every surveyor was required to note in his field book the true situation of all mines, salt licks, salt springs, and mill sites which should come to his knowledge, and all these were reserved for future disposition, and this reservation has been continued by later acts. New Mexico, In re, 35 L. D. 1, p. 5. This act requires every surveyor to note in his field book the true situation of all mines and salt licks, and salt springs on these, with a section 1 mile square, were reserved for future disposition. Hall v. Litchfield, 2 C. L. O. 179. 2. SURVEYOR'S NOTATION OF MINES-EFFECT AS EVIDENCE. These notations required to be made by the surveyor in his field book are only prima facie evidence of the character of the land and may be rebutted by satisfactory proof that it is in fact of a different character. Cole v. Markley, 2 L. D. 847, p. 849. See Robinson v. Forrest, 29 Cal. 321. Gold Hill Quartz Min. Co. v. Ish, 5 Oreg. 104. B. SALINES RESERVED FROM SALE. It has been the policy of the Government since the enactment of this statute to reserve saline lands from disposition under the laws regulating the sale and disposal of the public lands. Morton v. Nebraska, 88 U. S. 660, p. 667 Cole v. Markley, 2 L. D. 847, p. 848. Salt Bluff Placer, In re, 7 L D. 549. Since the inauguration of the land system under this act, it has been the policy of the Government to reserve saline lands from disposition under laws regulating the disposal of the public lands. Eagle Salt Works In re, 5 C. L. O. 4. The salines were not hidden as mines but were incrusted with salt so as to resemble snow-covered lakes, and were therefore not subject to preemption. New Mexico, In re, 35 L. D 1, p. 6. Morton v. Nebraska, 88 U. S. (21 Wall.), 660, p. 674. The mere notation of "saline" on the surveyor's plat is immaterial, and no land but that in fact saline is reserved from agricultural entry, and the actual character of land is to be determined by proof Winscott v. Northern Pac. R. Co., 17 L. D. 274, p. 277. See Robinson v. Forrest, 29 Cal. 318. Merrill v. Dixon, 15 Nev. 401. Morton v. Nebraska, 88 U. S (21 Wall ) 660, p. 674. C. SALT SPRINGS RESERVED FROM SALE. It is the policy of the Government to reserve salt springs and lands from sale. Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 667. Colorado, In re, 10 L. D. 222, p 224. Southwestern Min. Co., In re, 14 L. D. 597, p. 599. Hall v. Litchfield, 2 C. L. O. 179. Salt Bluff Placer, In re, 7 L. D. 549. Lease of Mineral Lands, In re, 4 Op. Atty. Gen. 480, p. 484. The condition of the country, the lack of means of transportation, and the necessities of the pioneers caused Congress to reserve for its own disposal all salt springs and a tract of 640 acres surrounding each, and this policy has been maintained and extended to all the territories successively. Alabama, In re, 21 L. D. 320, p. 321. |