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Code · STATUTES-AT-LARGE · Vol. 38 STAT. · October 3, 1914 · Chapter 314

Chapter 314. Granting to The Atchison, Topeka and Santa Fe Railway Company a right of way through the Fort Wingate Military Reservation, New Mexico, and for other purposes

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CHAP. 314.— An Act Granting to The Atchison, Topeka and Santa Fe Railway Company a right of way through the Fort Wingate Military Reservation, New Mexico, and for other purposes. October 3, 1914. [[S. 1930](/us/bill/63/s/1930).] [[Public, No. 206](/us/pl/63/206).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Fort Wingate Military Reservation, N. Mex. Right of way through, to Atchison, Topeka and Santa Fe Railway Company.
That The Atchison, Topeka and Santa Fe Railway Company, of Kansas, a corporation created under and by virtue of the laws of the State of Kansas, be, and the same is hereby, granted authority, subject to the limitations and conditions hereinafter set forth, to survey, locate, construct, and maintain a railway, telegraph, and telephone line into and upon Fort Wingate Military Reservation, New Mexico, to connect with its present right of way, as may lie determined and approved by the Secretary of War or the chief officer of the department under whose supervision such reservation may otherwise fall.
Sec. 2. Width. That said corporation is authorized to use for all purposes of a railway, telegraph, and telephone line, and for no other purpose, a right of way two hundred feet in width through said Fort Wingate Reservation, with the right to use other additional ground 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 the said right of way, or as much thereof as may be included in said cut or fill, excepting, however, from said right of way hereby granted that strip or portion thereof which would be included within the limits of the present two hundred foot right of way heretofore granted to said The Atchison, Topeka and Santa Fe Railway Company and *Provisos.* Restriction on use.used by it as its main line right of way: *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 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 Use by other lines.used such portion shall revert to the United States: *Provided further*, That any other person or duly organized corporation constructing a railroad along a line necessitating the crossing of said reservation may, upon obtaining a license from the Secretary of War, or from the chief officer of the department under whose supervision such reservation may otherwise rail, use the track and other constructions herein authorized to be placed upon the reservation by the said The Atchison, Compensation.Topeka and Santa Fe Railway Company 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 or by the chief officer of the department Description to be filed.under whose supervision such reservation may otherwise fall: *Provided further*, That before this Act shall become operative a descrip727tion by metes and bounds of the lands herein authorized to be taken shall be approved by the Secretary of War, or by the chief officer of the department under whose supervision such reservation may otherwise fall: *And provided further*, That the said The Atchison, TopekaCompliance with regulations, etc. and Santa Fe Railway Company, of Kansas, and other parties obtaining license from the Secretary or War or chief officer of the department under whose supervision such reservation may otherwise fall, as hereinbefore provided, shall comply with such other regulations or conditions as may from time to time be prescribed by the Secretary of War, or by the chief officer of the department under whose supervision such reservation may otherwise fall.
Sec. 3. That the powers herein granted are limited to a period ofTime of grant. fifty years unless sooner altered, amended, or repealed by Congress. Sec. 4. That the right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, October 3, 1914.
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