Amendment. Transfer of right of way.

Preference

priority in survey.

reservation unless such right of way shall be provided for by act of Congress."

SEC. 8. That Congress hereby reserves the right at any time to alter, amend, or repeal this act or any part thereof; and the right of way herein and hereby authorized shall not be assigned or transferred in any form. whatever prior to the construction and completion of at least one-fourth of the proposed mileage of such railroad, wagon road, or tramway, as indicated by the map of definite location, except by mortgages or other liens that may be given or secured thereon to aid in the conto struction thereof: Provided, That where within ninety days after the approval of this act, proof is made to the satisfaction of the Secretary of the Interior that actual surveys, evidenced by designated monuments, were made, and the line of a railroad, wagon road, or tramway located thereby, or that actual construction was commenced on the line of any railroad, wagon road, or tramway prior to January twenty-first, eighteen hundred and ninety-eight, the rights to inure hereunder shall, if the terms of this act are complied with as to such railroad, wagon road, or tramway, relate back to the date when such survey or construction was commenced; and in all conflicts relative to the right of way or other privilege of this act the person, company, or corporation having been first in time in actual survey or construction, as the case may be, shall be deemed first in right.

of

Indications location on profile map.

SEC. 9. That the map and profile of definite location of such railroad, wagon road, or tramway, to be filed as herein before provided, shall, when the line passes over Surveyed lands. surveyed lands, indicate the location of the road by reference to section or other established survey corners, and where such line passes over unsurveyed lands the location thereon shall be indicated by courses and distances and by references to natural objects and permanent monuments in such manner that the location of the road may be readily determined by reference to descriptions given in connection with said profile map.

Unsurveyed.

President authorized to oper

Alaska.

An Act To authorize the President of the United States to locate, con- struct, and operate railroads in the Territory of Alaska, and for other purposes.

Be it enacted by the Senate and House of Representatives ate railroads in of the United States of America in Congress assembled, That the President of the United States is hereby empowered, authorized, and directed to adopt and use a name by which to designate the railroad or railroads and properties to be located, owned, acquired, or operated under the authority of this act; to employ such officers, agents, or agencies, in his discretion, as may be necessary to enable him to carry out the purpose of this act; to authorize and require such officers, agents, or agencies to perform any or all of the duties imposed upon him by

Location

and

purpose.

terminals, etc.

the terms of this act; to detail and require any officer or officers in the Engineer Corps in the Army or Navy to perform service under this act; to fix the compensation of all officers, agents, or employees appointed or designated by him; to designate and cause to be located a route or routes for a line or lines of railroad in the Territory of Alaska not to exceed in the aggregate one thousand miles, to be so located as to connect one or more of the open Pacific Ocean harbors on the southern coast of Alaska with the navigable waters in the interior of Alaska, and with a coal field or fields so as best to aid in the development of the agricultural and mineral or other resources of Alaska, and the settlement of the public lands therein, and so as to provide transportation of coal for the Army and Navy, transportation of troops, arms, munitions of war, the mails, and for other governmental and public uses, and for the transportation of passengers and property; to construct and build a rail- Construction. road or raliroads along such route or routes as he may so designate and locate, with the necessary branch lines, feeders, sidings, switches, and spurs; to purchase or otherwise acquire all real and personal property necessary to carry out the purposes of this act; to exercise the power of eminent domain in acquiring property for such use, which use is hereby declared to be a public use, by condemnation in the courts of Alaska in accordance with the laws now or hereafter in force there; to acquire rights of Rights of way, way, terminal grounds, and all other rights; to purchase or otherwise acquire all necessary equipment for the construction and operation of such railroad or railroads; to build or otherwise acquire docks, wharves, terminal facilities, and all structures needed for the equipment and operation of such railroad or railroads; to fix, change, or modify rates for the transportation of passengers and Transportation property, which rates shall be equal and uniform, but no free transportation or passes shall be permitted except that the provisions of the interstate commerce laws relating to the transportation of employees and their families shall be in force as to the lines constructed under this act; to receive compensation for the transportation of passengers and property, and to perform generally all the usual duties of a common carrier by railroad; to make and establish rules and regulations for the contro! and operation of said railroad or railroads; in his discretion, to lease the said railroad or railroads, or any portion thereof, including telegraph and telephone lines, after completion under such terms as he may deem proper, but no lease shall be for a longer period than twenty years, or in the event of failure to lease, to operate the same until the further action of Congress: Provided, That if said railroad or railroads, including Subject to intelegraph and telephone lines, are leased under the merce laws if authority herein given, then and in that event they shall leased. Purchase of exbe operated under the jurisdiction and control of the isting lines.

61002°-S. Doc. 547, 64-1-3

rates, etc.

Common rier, duties.

car

Lease after completion.

terstate

com

Joint

carriers.

provisions of the interstate commerce laws; to purchase, condemn, or otherwise acquire upon such terms as he may deem proper any other line or lines of railroad in Alaska which may be necessary to complete the construction of the line or lines of railroad designated or located by him: Provided, That the price to be paid in case of purchase shall in no case exceed the actual physical value of the railroad; to make contracts or agreements with any railroad or steamship company or vessel owner agree for joint transportation of pasengers or property over ments with other the road or roads herein provided for, and such railroad or steamship line or by such vessel, and to make such other contracts as may be necessary to carry out any of the purposes of this act; to utilize in carrying on the Use of Panama work herein provided for any and all machinery, equipetc., for construc- ment, instruments, material, and other property of any sort whatsoever used or acquired in connection with the construction of the Panama Canal, so far and as rapidly as the same is no longer needed at Panama, and the Isthmian Canal Commission is hereby authorized to deliver said property to such officers or persons as the President may designate, and to take credit therefor at such percentage of its original cost as the President may approve, but this amount shall not be charged against the fund provided for in this act.

Canal machinery,

tion.

of

Operation telegraph and telephone lines.

Full

powers vested in President.

Town sites authorized.

Public lands

The authority herein granted shall include the power to construct, maintain, and operate telegraph and telephone lines so far as they may be necessary or convenient in the construction and operation of the railroad or railroads as herein authorized and they shall perform generally all the usual duties of telegraph and telephone lines for hire.

That it is the intent and purpose of Congress through this act to authorize and empower the President of the United States, and he is hereby fully authorized and empowered, through such officers, agents, or agencies as he may appoint or employ, to do all necessary acts and things in addition to those specially authorized in this act to enable him to accomplish the purposes and objects of this act.

The President is hereby authorized to withdraw, locate, and dispose of, under such rules and regulations as he may prescribe, such area or areas of the public domain along the line or lines of such proposed railroad or railroads for town-site purposes as he may from time to time designate. Terminal and station grounds and rights of way through subject to reservations for termi- the lands of the United States in the Territory of Alaska are hereby granted for the construction of railroads, telegraph and telephone lines authorized by this act, and in all patents for lands hereafter taken up, entered or located in the Territory of Alaska there shall be expressed that there is reserved to the United States a right of way for the construction of railroads, telegraph and telephone lines to the extent of one hundred feet on either side of

nals, rights of way, etc.

the center line of any such road and twenty-five feet on either side of the center line of any such telegraph or telephone lines, and the President may, in such manner as he deems advisable, make reservation of such lands as are or may be useful for furnishing materials for construction and for stations, terminals, docks, and for such other purposes in connection with the construction and opera- Construction tion of such railroad lines as he may deem necessary and desirable.

materials.

re

Specified ceipts to be paid

SEC. 2. That the cost of the work authorized by this Limit of cost. act shall not exceed $35,000,000, and in executing the authority granted by this act the President shall not expend nor obligate the United States to expend more than the said sum; and there is hereby appropriated, out of Appropriation. any money in the Treasury not otherwise appropriated, the sum of $1,000,000 to be used for carrying out the provisions of this act, to continue available until expended. SEC. 3. That all moneys derived from the lease, sale, or disposal of any of the public lands, including town sites, into Treasury. in Alaska, or the coal or mineral therein contained, or the timber thereon, and the earnings of said railroad or railroads, together with the earnings of the telegraph and telephone lines constructed under this act, above maintenance charges and operating expenses, shall be paid into the Treasury of the United States as other miscellaneous receipts are paid, and a separate account thereof shall be kept and annually reported to Congress.

made.

SEC. 4. That the officers, agents, or agencies placed in Reports to be charge of the work by the President shall make to the President annually, and at such other periods as may be required by the President or by either House of Congress, full and complete reports of all their acts and doings and of all moneys received and expended in the construction of said work and in the operation of said work or works and in the performance of their duties in connection therewith. The annual reports herein provided for shall be by the President transmitted to Congress.

Approved, March 12, 1914 (38 Stat., 305).

Extract from the agricultural appropriation act, approved March 4, 1915 (38 Stat., 1100).

stone, and timber

roads.

That hereafter the Secretary of Agriculture, under regulations to be prescribed by him, is hereby authorized Use of earth, to permit the Navy Department to take from the na- by Navy for railtional forests such earth, stone, and timber for the use of the Navy as may be compatible with the administration of the national forests for the purpose for which they are established, and also in the same manner to permit the taking of earth, stone, and timber from the national forests for the construction of Government railways and other Government works in Alaska: Provided, That the Secretary of Agriculture shall submit with his annual estimates a report of the quantity and market value of Report. earth, stone, and timber furnished as herein provided.

Gover n ment works.

Public lands reserved for com

surveyed.

Agricultural

of mines.

SCHOOL GRANTS.

An Act To reserve lands to the Territory of Alaska for educational uses, and for other purposes.

Be it enacted by the Senate and House of Representatives mon schools when of the United States of America in Congress assembled, That when the public lands of the Territory of Alaska are surveyed, under the direction of the Government of the United States, sections numbered sixteen and thirtysix in each township in said Territory shall be, and the same are hereby, reserved from sale or settlement for the support of common schools in the Territory of Alaska; and section thirty-three in each township in the Tanana Valley between parallels sixty-four and sixty-five north latitude and between the 'one hnndred and forty-fifth and the one hundred and fifty-second degrees of west longitude (meridian of Greenwich) shall be, and the same is hereby, reserved from sale or settlement for the supcollege and school port of a Territorial agricultural college and school of mines when established by the Legislature of Alaska upon the tract granted in section two of this act: Provided, That where settlement with a view to homestead entry has been made upon any part of the sections reserved hereby before the survey thereof in the field, or where the same may have been sold or otherwise appropriated by or under the authority of any act of Congress, or are wanting or fractional in quantity, other Lieu selections lands may be designated and reserved in lieu thereof in the manner provided by the act of Congress of February twenty-eighth, eighteen hundred and ninety-one (Twentysixth Statutes, page seven hundred and ninety-one): Provided further, That the Territory may, by general Lease by Terri- law, provide for leasing said land in area not to exceed one section to any one person, association, or corporation for not longer than ten years at any one time: And provided further, That if any of said sections, or any part Mineral lands. thereof, shall be of known mineral character at the date of acceptance of survey thereof, the reservation herein made shall not be effective or applicable, but the entire Use of proceeds proceeds or income derived by the United States from such sections sixteen and thirty-six and such section thirtythree in each township in the Tanana Valley area hereinbefore described, and the minerals therein, together with the entire proceeds or income derived from said reserved lands, are hereby appropriated and set apart as separate and permanent funds in the Territorial treasury, to be invested and the income from which shall be expended only for the exclusive use and benefit of the public schools of Alaska or of the agricultural college and school of mines, respectively, in such manner as the Legislature of Alaska may by law direct.

allowed.

tory permitted.

for benefit

.

schools.

of

Agricultural college and school of mines.

SEC. 2. That section numbered six, in township numbered one south of the Fairbanks base line and range numbered one west of the Fairbanks meridian; section