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after their acquisition by said government on such terms and conditions as it may prescribe, subject to the limitations and conditions provided for in this act: Provided, That all deferred payments and the interest thereon shall be payable in the money prescribed for the payment of principal and interest of the bonds authorized to be issued in payment of said lands by the preceding section and said deferred payments shall bear interest at the rate borne by the bonds. All moneys realized or received from sales or other disposition of said lands or by reason thereof shall constitute a trust fund for the payment of principal and interest of said bonds, and also constitute a sinking fund for the payment of said bonds at their maturity. Actual settlers and occupants at the time said lands are acquired by the government shall have the preference over all others to lease, purchase, or acquire their holdings within such reasonable time as may be determined by said government.
SEC. 75. That no corporation shall be authorized to conduct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it is created, and every corporation authorized to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed 1,024 hectares of land; and it shall be unlawful for any member of a corporation engaged in agriculture or mining and for any corporation organized for any purpose except irrigation to be in any wise interested in any other corporation engaged in agriculture or in mining. Corporations, however, may loan funds upon real-estate security and purchase real estate when necessary for the collection of loans, but they shall dispose of real estate so obtained within five years after receiving the title. Corporations not organized in the Philippine Islands, and doing business therein, shall be bound by the provisions of this section so far as they are applicable.
33 STAT. 689, p. 692, FEBRUARY 6, 1905.
AN ACT To amend an act approved July 1, 1902, entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, etc."
Be it enacted, etc., * * *
SEC. 9. That sections 22, 23, 24, 25, 29, 31, 36, 37, 39, 53, and 58 of the act of Congress approved July 1, 1902, entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," being provisions of said act respecting mineral lands, are hereby amended by reducing all measurements therein, whether of distance, area or value, to the metric system, to wit, feet to meters, acres to hectares, miles to kilometers, and also dollars to pesos, so that said sections as amended shall read as follows:
NOTE. The changes directed by this amendment are made in the original sections.
A. NATIVE OPERATION OF PHILIPPINE LANDS RESPECTED.
C. MINING CLAIMS LOCATED ON EXISTING CLAIM EFFECT.
A. NATIVE OPERATION OF PHILIPPINE LANDS RESPECTED.
Section 16, together with section 45, clearly shows that it was the intention of Congress to respect the native operation of the public lands.
Reavis v. Franza, 215 U. S. 16, p. 25.
Section 45 is to be taken to refer to the conditions as to the Philippine Islands before the United States acquired the sovereignty of the Philippines.
Reavis v. Franza, 215, U. S. 16, p. 22.
B. LIMITATIONS OF SECTION 22.
The limitation of section 22 applies only to claims located after the passage of the act and can not govern as to the size of a claim previously located and held. Reavis v. Franza, 215 U. S. 16, p. 23.
C. MINING CLAIM LOCATED ON EXISTING CLAIM-EFFECT.
A valid claim can not be located under section 28 where the ground has been already occupied as a mining claim.
Reavis v. Franza, 215 U. S. 16, p. 24.
D. OCCUPATION OF MINING CLAIM FOR PERIOD OF STATUTE OF LIMITATIONS.
Section 45 applies to possession maintained for a sufficient time before and until the statute went into effect.
Reavis v. Franza, 215 U. S. 16, p. 22.
When a person or his grantors have held and worked a claim for a period equal to the time prescribed by the statute of limitations of the Philippine Islands, proof of such possession and working gives a right to a patent in absence of any adverse claim. Reavis v. Franza, 215 U. S. 16, p. 22.
34 STAT. 23, FEBRUARY 26, 1906. COAL CLAIMS PURCHASE.
AN ACT To provide for the purchase of certain coal claims in the Island of Batan in the Philippine Islands.
Be it enacted, etc., That the Secretary of War be, and he is hereby, authorized to purchase the coal claims owned by Messrs. Munoz & Villanueva, lying on the Island of Batan, Philippine Islands, and upon which the War Department now holds an option; and to provide for the purchase of said claims the sum of $50,000 is hereby appropriated out of any money in the Treasury not otherwise appropriated; and the above sum is made immediately available in order that the purchase may be made before the said option expires, to wit, March 1, 1906.
PIPE LINES-REGULATIONS-RIGHT OF WAY.
See Right of way, p. 1188; Sherman Anti-Trust Act, p. 1235.
25 STAT. 438, AUGUST 13, 1888.
OIL, GAS, AND SALT WATER.
AN ACT To authorize the Kentucky Rock Gas Co. to lay pipes across the Ohio and Salt Rivers.
Be it enacted, etc., That the assent of Congress is hereby given to the Kentucky Rock Gas Co. to lay pipes for conducting natural gas, petroleum, or salt water across the Ohio River and Salt River, at such points as may be deemed necessary, between the lower boundary of Bradenburgh, in Meade County, Ky., and the upper boundary of Louisville, in Jefferson County, Ky.: Provided, That said pipes be laid upon or beneath the bed of the river and in such manner as not to interfere with navigation, and under the supervision of the Secretary of War.
29 STAT. 127, 2 SUPP. R. S. 472, MAY 21, 1896. RIGHT OF WAY-COLORADO AND WYOMING.
AN ACT To grant right of way over the public domain for pipe lines in the States of Colorado and Wyoming.
Be it enacted, etc., That the right of way through the public lands of the United States situate in the State of Colorado and in the State of Wyoming outside of the boundary lines of the Yellowstone National Park is hereby granted to any pipe line company or corporation formed for the purpose of transporting oils, crude or refined, which shall have filed or may hereafter file with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of the ground occupied by said pipe line and 25 feet on each side of the center line of the same; also the right to take from the public lands adjacent to the line of said pipe line material, earth, and stone necessary for the construction of said pipe line.
SEC. 2. That any company or corporation desiring to secure the benefits of this act shall, within 12 months after the location of 10 miles of the pipe line, if the same be upon surveyed lands and if the same be upon unsurveyed lands, within 12 months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a map of its line, and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way.
SEC. 3. That if any section of said pipe line shall not be completed within five years after the location of said section the right herein
granted shall be forfeited, as to any incomplete section of said pipe line, to the extent that the same is not completed at the date of forfeiture.
SEC. 4. That nothing in this act shall authorize the use of such right of way except for the pipe line, and then only so far as may be necessary for its construction, maintenance, and care.
33 STAT. 65, MARCH 11, 1904.
RIGHT OF WAY-GRANT BY SECRETARY.
AN ACT Authorizing the Secretary of the Interior to grant right of way for pipe lines through Indian lands.
Be it enacted, etc., That the Secretary of the Interior is hereby authorized and empowered to grant a right of way in the nature of an easement for the construction, operation, and maintenance of pipe lines for the conveyance of oil and gas through any Indian Reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian Service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned until authority therefor has first been obtained from, and the maps of definite location of said lines approved by the Secretary of the Interior: Provided, That the construction of lateral lines from the main pipe line establishing connection with oil and gas wells on the individual allotments of citizens may be constructed without securing authority from the Secretary of the Interior and without filing maps of definite location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has been obtained by the pipe line company: Provided further, That in case it is desired to run a pipe line under the line of any railroad, and satisfactory arrangements can not be made with the railroad company, then the question shall be referred to the Secretary of the Interior, who shall prescribe the terms and conditions under which the pipe line company shall be permitted to lay its lines under said railroad. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct and shall be subject to his final approval. And where such lines are not subject to state or territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding $5 for each 10 miles of line so constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority. And incorporated cities and towns into and through which such pipe lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein
contained shall be so construed as to deny the right of municipal taxation in such towns and cities, and nothing herein shall authorize the use of such right of way except for pipe line, and then only so far as may be necessary for its construction, maintenance and care: Provided, That the rights herein granted shall not extend beyond a period of 20 years: Provided further, That the Secretary of the Interior, at the expiration of said 20 years may extend the right to maintain any pipe line constructed under this act for another period not to exceed 20 years from the expiration of the first right, upon such terms and conditions as he may deem proper.
A. CONGRESS MAY EMPOWER THE SECRETARY TO GRANT RIGHT OF WAY FOR PIPE LINES.
Congress has power to enact a law conferring upon the Secretary of the Interior authority to grant the right of way in the nature of an easement for the construction, operation, and maintenance of pipe lines for the conveyance of oil and gas through allotments of minor Creek Indians upon such terms and upon such compensation as may be fixed.
Texas Co. v. Henry, 34 Okla. 342, p. 343.
34 STAT. 584, JUNE 29, 1906.
OIL AND GAS LINES
AN ACT To amend an act entitled “An act to regulate commerce," approved February 4, 1887, and all acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission.
Be it enacted, etc., That section 1 of an act entitled "An act to regulate commerce," approved February 4, 1887 (24 Stat. 379), be amended so as to read as follows:
"SECTION 1. That the provisions of this act shall apply to any corporation or any person or persons engaged in the transportation of oil or other commodity, except water and except natural or artificial gas, by means of pipe lines and partly by water, who shall be considered and held to be common carriers within the meaning and purpose of this act,"
* * *
See 26 Stat. 209, p. 1235; 31 Stat. 494, p. 522, p. 903.
A. PIPE-LINE ACT.
1. PURPOSE OF ACT.
2. CONSTRUCTION AND APPLICATION OF AMENDMENT.
3. TRANSPORTATION OF OIL-INTERSTATE COMMERCE.
4. PIPE-LINE OWNERS AS COMMON CARRIERS-VALIDITY OF
5. OWNERSHIP OF PIPE LINES NATURE AND RIGHTS.
6. PRIVATE PIPE-LINE OWNERS UNAFFECTED.
1. PURPOSE OF ACT.
This amendatory act was intended to reach a combination of pipe lines whereby the Standard Oil Co. owned the stock of the New York Transit Co., the National Transit Co., and nearly all of the stock of the Ohio Oil Co., the Prairie Oil & Gas Co.,