comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. 17 Stat. 91; 19 id. 52; R. S. 2322. (For authorities see sec. 390.) SEC. 444. Where two or more veins of mining claims inter- Right of way in intersecting sect or cross each other, the owners of the mine last located veins in mines. shall have the right of way through the space of intersection for the purposes of the convenient working of the mine. 17 Stat. 96; 19 id. 52; R. S. 2336. (For authorities see sec. 404.) SEC. 445. As a condition of sale, in the absence of neces- What conditions sary legislation by Congress, the local legislature of any of sale may be made by local State or Territory may provide rules for working mines, in- legislature. volving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. 14 Stat. 252; 19 id. 52; R. S. 2338. to use of water canals. SEC. 416. Whenever, by priority of possession, rights to Vested rights the use of water for mining, agricultural, manufacturing, or for mining, &c.; other purposes, have vested and accrued, and the same are right of way for recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. 14 Stat. 253; R. S. 2339. (For authorities see sec. 422.) SEC. 447. All patents granted, or pre-emption or home- Patents, presteads allowed, shall be subject to any vested and accrued emptions, and water-rights, or rights to ditches and reservoirs used in con- ject to vested and nection with such water-rights, as may have been acquired accrued water under or recognized by the preceding section. 16 Stat. 218; R. S. 2340. (For authorities see sec. 423.) homesteads sub rights. Right of way, roads. SEC. 448. The right of way through the public lands of materials, station the United States is hereby granted to any railroad comgrounds, &c., granted to rail pany duly organized under the laws of any State or Territory, except the District of Columbia, or by the Congress of the United States, which shall have filed 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 central line of said road; also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station-buildings, depots, machine shops, side-tracks, turn-outs, and waterstations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. Rights of sev through cañon, pass, or defile. grade. rights of. 18 Stat. 482. Railway Co. v. Benity, 5 Saw. C. C. 118. Railway Co. v. Gould, 21 Cal. 254; Doran v. Railway Co., 24 id. 245. Decisions Sec. Int., June 30, 1875 (Copp's L. L. 388); July 23, 1876; Sept. 5, 1878; Sept 11, 1878; June 5, 1879; Nov. 17, 1879 (6 Copp's L. O. 162). Decisions Com. G. L. O., Oct. 8, 1875; Jan. 11, 1876; March 1, 1876; May 10, 1877 (4 Copp's L. 0.91); Jan. 6, 1879; Jan. 21, 1879; Sept. 24, 1879; Sept. 29, 1879. Cir. G. L. O., March 9, 1878 (5 Copp's L. O. 35); Nov. 7, 1879 (6 id. 141). SEC. 449. Any railroad company whose right of way, or eral railroads whose track or road-bed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the Crossing at said canyon, pass, or defile, for the purposes of its road, 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 disWagon roads, use of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road 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 wagon road, 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: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile. Private lands and possessory demned. 18 Stat. 482. Denver & Rio Grande R. R. Co. v. Cañon City & San Juan R. R. Co., 9 Otto, 453. Decisions Sec. Int., Sept. 5, 1878; Sept. 11, 1878. SEC. 450. The legislature of the proper Territory may claims, how con- provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in accordance with section three of the 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 Gov ernment 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. Profile of road when to be filed. claiming benefits, 13 Stat. 357; 18 id. 482, 483. Decision Com. G. L. O., Jan. 21, 1879. SEC. 451. Any railroad company desiring to secure the benefits of this act, shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a profile of its road; and upon approval thereof by the Secretary of the Interior, Disposal of lands subject to the same shall be noted 'upon the plats in said office; and right of 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 five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. 18 Stat. 483. Decisions Sec. Int., Sept. 22, 1877; Sept. 5, 1878; Sept. way. Forfeiture of right. SEC. 452. This act shall not apply to any lands within Application of the limits of any military, park, or Indian reservation, or this act. other lands specially reserved from sale, unless such right of way shall be provided for by treaty stipulation or by act of Congress heretofore passed. 18 Stat. 483. SEC. 453. Congress hereby reserves the right at any time Right to alter, to alter, amend, or repeal this act, or any part thereof. 18 Stat. 483. amend, &c. SEC. 454. Any telegraph company now organized, or which Use of public may hereafter be organized, under the laws of any State, telegraph comdomain, &c., by shall have the right to construct, maintain, and operate pany. lines of telegraph through and over any portion of the public domain of the United States, over and along any of the military or post roads of the United States which have been or may hereafter be declared such by law, and over, under, or across the navigable streams or waters of the United States; but such lines of telegraph shall be so constructed and maintained as not to obstruct the navigation of such streams and waters, or interfere with the ordinary travel on such military or post roads. 14 Stat. 221; 19 id. 232; R. S. 5253. from publiclands. SEC. 455. Any telegraph company organized under the Use of materials laws of any State shall have the right to take and use from the public lands through which its lines of telegraph may pass, the necessary stone, timber, and other materials for its posts, piers, stations, and other needful uses in the construction, maintenance, and operation of its lines of telegraph, and may pre-empt and use such portion of the unoccupied public lands subject to pre-emption through which their lines of telegraph may be located as may be necessary for their stations, not exceeding forty acres for each station; but such stations shall not be within fifteen miles of each other. 14 Stat. 221; R. S. 5264. These rights SEC. 456. The rights and privileges granted under the not transferable. provisions of the act of July twenty-four, eighteen hundred and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or under sections four hundred and fifty-four to four hundred and sixty, inclusive, shall not be transferred by any company acting thereunder to any other corporation, association, or person. messages. 14 Stat. 221; R. S. 5265. Government to SEC. 457. Telegrams between the several Departments of have priority in transmission of the Government and their officers and agents, in their transmission over the lines of any telegraph company to which has been given the right of way, timber, or station lands from the public domain shall have priority over all other business, at such rates as the Postmaster-General shall annually fix. And no part of any appropriation for the several Departments of the Government shall be paid to any company which neglects or refuses to transmit such telegrams in accordance with the provisions of this section. 14 Stat. 221; 17 id. 287, 366, 367; R. S. 5266. Government en lines. SEC. 458. The United States may, for postal, military, or titled to purchase other purposes, purchase all the telegraph lines, property, and effects of any or all companies acting under the provisions of the act of July twenty-fourth, eighteen hundred and and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or under sections four hundred and fifty-four to four hundred and sixty, inclusive, at an appraised value, to be ascertained by five competent, disinterested persons, two of whom shall be selected by the Postmaster-General of the United States, two by the company interested, and one by the four so previously selected. Acceptance of obligation to be filed. Penalty for re dispatches. 14 Stat. 221; 18 id. 250; R. S. 5267. SEC. 459. Before any telegraph company shall exercise of the powers or privileges conferred by law such comany pany shall file their written acceptance with the Postmaster-General of the restrictions and obligations required by law. 14 Stat. 222; R. S. 5268. SEC. 460. Whenever any telegraph company, after having fasal to transmit filed its written acceptance with the Postmaster-General of the restrictions and obligations required by the act approved July twenty-fourth, eighteen hundred and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or by sections four hundred and fifty-four to four hundred and sixty, inclusive, shall, by its agents or employés, refuse or neglect to transmit any such telegraphic communications as are provided for by the aforesaid act, or by said sections, or by the provisions of section two hundred and twenty-one of the Revised Statutes, authorizing the Secretary of War to provide for taking meteorological observations at the military stations and other points of the interior of the continent, and for giving notice on the northern lakes and sea-board of the approach and force of storms, such telegraph company shall be liable to a penalty of not less than one hundred dollars and not more than one thousand dollars for each such refusal or neglect, to be recovered by an action or actions at law in any district court of the United States. 17 Stat. 366, 367; 19 id. 232, 252; R. S. 5269. way and water SEC. 461. All patents for lands within the States of Cali- Timber lands to be patented fornia, Oregon, and Nevada and in Washington Territory, subject to acvaluable chiefly for timber, but unfit for cultivation, which crued right of may be granted under the provisions of the act of Congress rights. approved June third, eighteen hundred and seventy-eight, shall not be held to abrogate the right of way of ditch and canal owners acquired under the provisions of the act of July twenty-sixth, eighteen hundred and sixty-six, and all such patents shall be subject to any vested and accrued water-rights, or rights to ditches and reservoirs used in connection with such water-rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any patent issued under this act. 20 Stat. 89. (For authorities, see section 423.) |