Page:United States Statutes at Large Volume 37 Part 1.djvu/658

SIXTY-SECOND CONGRESS. Smsl II. Ras. 22. 1912. 635 approved under the Act entitled "An Act gran to the Wash1ngto' n Improvement and Development Company atgt of way through the Colville Indian Reservation in the State of Washington ’ approved June_ fourth, hundred and ninetyaaight, and thereafter acquiredbg the at Northern Railway Company 4; and the Spokane an Brxtis _Columb1a Railway Gnpany whose right of way dogg sand San Ponl River Valley, said Colville lndian Reservation, as fil WL M and located by the said company, and approved under the Act entitled u' P` "An Act granting to railways a rigt 0 way thro the public lands of the United States," approved arch third, teen hundred and V seventy-fivef gndpr e get "An Act to g the °1` °°"” m acquirmgo _ o way ya ya compan _ reservations, Indian lands and Indianyalletmentls, and for other purposes " applroyed March second, eighteen hundred and ninety- nine; and wh1c_ rights of way are overlaplpi-ng in and in conflict for a °,§,;,“;’*,_,"f’°“‘ W considerable distance ahall_proceed, wi three months after the passage and approval of this raolution, to ascertain and determine the pomts of overlapping and conflict of their said respective loca- . tions, and shall to readjust the same at all pomts of overlapping and co ct in such a way as to allow both com an equal right of way through said valley with as little added expense or loss to either of them as possible, and in such manner that equal P::T""‘ °' °’° justice will be done to each, and each to bear whatever additional expense it may be put to gygsreason of any relocation or readjustment of its hne inxursuance of Act but the relocation or read ustment herein provided for shaH be so made that the expense incurred thereby to either shall be as nearly eqggl as practicable; and when such rele- wé’PgYM€,:Y“g•*¤ cation or readjustment has n completed the same shall be filed ' with and shall be approved by the Secretary of the Interior; whereupon either of said compames mail proceed with the buildir§ of its respective road through the said v ey and on the lines as rea justed, an the pending suit of the Government be dismissed. The rights of way so adjusted shall be in lieu of the rights of way hereto ore granted and approved to the said companies, respectively, under the aforesaid Acts of Congress: Provided, That if the said companies @‘,g’;’,g,,,,,,,,,,,, shall fail to agree and file such reed'ustment of said rights of way ·¤¢¢¤¤*·*~ with the Secretary of the Interior the time and as herein provided, the said companies shall on or before sixty days from and after the expiration of the aforesaid time for filing the said readj ustment, present their matters of difference to the Secretary of the H°""’“" Interior, and thereupon it shall be the duty of the Secretary to give said companies a hearing, and the Secretary shall thereupon readjust the said rights of way at all points of overlapping and conliict in such a way as to allow both companies an equal right of way through said valley with as little added expense or loss to either of them as possible, and in such manner that equal justice will be done to each, and each to bear whatever additional e it may be put to by reason of me readjustment of its line by the Secretary in pursuance of this Act, such readjustment to be so made that the expense incurred by either company shall be as nearly equal as practicable. And when such ,§[}§{,‘{,‘?,§‘,f*,§’“ °’ “" rcadjustment has been completed by the Secretary of the Interior and the said companies H0b1§8d thereof by_ the Secretary, either of said companies mav proceed with the building of its respective road through the said valley and on the line as readjusted by the Secretarv; and upon the completion of such readjustment by the Secretary the mgmt ¤¤ wridms pending suit of the Government shall be dismissed. The rights of ' way so adjusted by the Secretary shall be in lieu of the rights of way heretofore granted and approved to the said companies, respectively, under the aforesaid Acts of Congress. Each of said compames, as ug;‘fm°”‘ '°" "'“"‘ a condition precedent to u. proval of its right of way hereunder, shall pay such compensation ddr the taking dr damaging of land and