Chapter 94. Granting to El Paso and Southwestern Railroad Company, a corporation organized and existing under the laws of the Territory and State of Arizona, a right of way through the Fort Huachuca Military Reservation, in the State of Arizona, and authorizing said corporation and its successors or assigns to
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CHAP. 94.— An Act Granting to El Paso and Southwestern Railroad Company, a corporation organized and existing under the laws of the Territory and State of Arizona, a right of way through the Fort Huachuca Military Reservation, in the State of Arizona, and authorizing said corporation and its successors or assigns to construct and operate a railway through said Fort Huachuca Military Reservation, and for other purposes.April 27, 1912.[[H. R. 21170](/us/bill/62/hr/21170).][[Public.
No. 136](/us/pl/62/136).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Fort Huachuca Military Reservation, Ariz.El Paso and South-western Railroad Company granted right of way through. That El Paso and Southwestern Railroad Company, a corporation organized and existing under and by virtue of the laws of the Territory and State of Arizona, be, and it is hereby, empowered to survey and to locate and construct a railway, telegraph, and telephone line through Fort Huachuca Military Reservation, in the State of Arizona, upon such a line as may be determined and approved by the Secretary of War.
Sec. 2. Width, etc. That such corporation is authorized to take and use for all purposes of a railway, telegraph, and telephone line, and for no other purpose, a right of way one hundred feet in width through said Fort Huachuca Military Reservation, and a right to take and use a strip of land in said reservation two hundred feet in width, with a length of three thousand feet, in addition to said right of way, for stations, station grounds, and stockyards, with the right to use such other additional grounds, when cuts and fills may be necessary for the construction and maintenance of said roadbed, not exceeding one hundred feet in width on each side of said right of way, or as much thereof as *Provisos*.Restriction on use.may be included in said cut or fill: *Provided*, That no part of the lands herein authorized to be taken shall be used except in such manner and for such purposes as shall be necessary for the construction, maintenance, and convenient operation of said railway, telegraph, and telephone lines and the use and enjoyment of the rights and privileges herein granted, and when any portion thereof shall cease to be so used such portion shall revert to the United States from which the same Approval of location by Secretary of War.shall be taken: *Provided further*, That before the said El Paso and Southwestern Railroad Company shall be permitted to enter upon any part of said military reservation a description by metes and bounds of the lands herein authorized to be taken shall be approved by the Maintenance, etc.Secretary of War: *And provided further*, That the said El Paso and Southwestern Railroad Company, its successors and assigns, shall construct, maintain, and operate said railway and telegraph and telephone lines in accordance with such regulations and restrictions as the Secretary of War may from time to time prescribe, and shall construct and maintain such crossings, and shall surface and prepare its tracks in such manner, as may be required by the Secretary of War, as not to interfere with the proper use of said reservation for maneuvering and other military purposes. 93 Sec. 3.
That the rights and privileges herein granted shall extend toRights of successors or assigns. and inure to the benefit of said El Paso and Southwestern Railroad Company, its successors or assigns, but subject, however, to the conditions, stipulations, and requirements herein set forth. Sec. 4. That any other person or corporation having a franchiseUse by other rail-ways. for the operation of a railway in the State of Arizona may, upon obtaining a license from the Secretary of War, use the track and other constructions herein authorized to be placed upon the reservation upon paying just compensation; and if the parties concerned can not agree upon the amount of such compensation, the sum or sums to be paid for said use shall be fixed by the Secretary of War.
Sec. 5. That the right to alter, amend, or repeal this Act is hereby Amendmentexpressly reserved. Approved, April 27, 1912.