Chapter 341. granting a right of way through certain public lands of the United States in the Territory of Utah, and for other purposes
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CHAP. 341.— An Act granting a right of way through certain public lands of the United States in the Territory of Utah, and for other purposes.Mar. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Right of way through Fort Douglas Reservation to Salt Lake and Fort Douglas Railway. That a right of way is hereby granted to the Salt Lake and Fort Douglas Railway, a corporation duly organized under the laws of the Territory of Utah, across the Fort Douglas Military Reservation, by a route surveyed and laid down on a properly certified map, a copy of which is now on tile with the Secretary of War, which location has been submitted to and approved by the postLocation. commander and the commander of the department.
Said right of way hereby granted shall not exceed one hundred feet in width through saidWidth. reservation, except where sidetracks, spurs, turntables, or stations are located or to be located; and at such points the right of way shall not exceed two hundred feet on each side of the main track and not exceeding two thousand feet in length: *Provided*, That an additional right of*Provisos*.Stations, etc. way is hereby granted for such spurs, sidings, turn tables, and stations as are deemed necessary from time to time in order to transport the freights and materials to and from and across said reservation; such further locations not now laid down on said map to be made under the direction of the post, commander and to be approved by the Secretary of War: *Provided further*, That the regulations for operating said railroadRegulations. within the limits of said reservation shall be approved by the Secretary of War: *Provided also*, That the said railway company will do nothing or cause anything to be done that will in any way lessen the quantity of water, except to such extent as may necessarily result fromWater supply. the use for engine purposes, or render the water impure that flows from Red Butte Canon, upon which the supply of Fort Douglas depends.
Sec. 2. That the grant contained in the first section of this act is madeConditions. upon the express condition that the Salt Lake Rock Company, its successors and assigns, shall first convey to the United States a. title in fee simple, free and clear of all incumbrance, to the approval of the Attorney- 478General of the United States, of the following lands, water, and water-rightsConveyance of lands to the United States. in Salt Lake county, Territory of Utah, to wit: Sections numbered twenty-five and thirty-five, township numbered one, range numbered one east, and section numbered nineteen, township numbered one, range numbered two east, with all the water and water rights thereon, Reservations.excepting and reserving to the said company, its successors and assigns, all stone, brick clay, and other building materials, and all minerals in and upon said lands, and the right to enter thereon and prospect for, develop, quarry, and remove such stone, brick clay, and other building materials and all such minerals, with the right to locate and construct all necessary railroads, wagon-roads and trails to give the said company the benefit and enjoyment of the lights reserved to it, and its successors and assigns, by this act, and also, in addition thereto, the right of use of so much water as may be necessary for engine purposes; and the said *Proviso*.reservations are hereby confirmed as against the United States: *Provided however*, That the rights reserved shall not be construed in any way whatever to impair, either in qualify or purity or in quantity, the water or water-supply in and upon or flowing through and from Red Water supply.Butte Canon, except to the extent of the use for engine purposes as hereinbefore provided.
Sec. 3. That the Secretary of War is hereby authorized and directed,Appropriation. upon the perfection of the title to the lands in the second section described in the United States, as therein specified, to pay to the said Salt Lake Rock Company, its successors or assigns, in consideration therefor, the sum of twenty thousand dollars; and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, such sum of money for the payment of the same. Sec. 4.
That the Salt Lake and Fort Douglas Railway, specified inCharges for Government transportation, etc. the first section of this act, its successors and assigns, in accepting the grant to them in such first.section made, binds itself, its successors and assigns, to make no higher rate or charge for transportation for the Government than it makes for like service to individuals, and to furnish cars for the transportation of Government supplies and stores required at Fort, Douglas, when required so to do, upon reasonable notice from the officer or officers desiring such transportation.
Sec. 5. That Hits following described lands in said Salt Lake County,Reservation of specified lands as water-supply to Port Douglas. in the Territory of Utah, to wit: Section numbered twenty-four and the. east half of section numbered twenty-six, township numbered one, range numbered one east, and the south half of section numbered eighteen, the west half of section numbered twenty, and the north half of section numbered thirty, in township numbered one, range numbered two east, are hereby reserved from sale or other disposition, for the use of the United Slates, to protect and preserve the water-supply of Fort Use to Salt Lake Rock Company.Douglas, in said county; but there is hereby granted to the Salt Lake Rock Company., its successors and assign, the same rights and privileges, with the same limitations, in and upon the lands so reserved, as are reserved to such company in the lands specified in the second section of this.act Sec. 6.
This act. shall be at all times subject to amendment, alterationRight to amend, etc., reserved. or repeal, as in the judgment of Congress the public good may require. Approved, March 3, 1887.