43 U.S.C. § 942-2 : US Code - Section 942-2: Rights of several roads through canyons

Search 43 U.S.C. § 942-2 : US Code - Section 942-2: Rights of several roads through canyons

Any railroad company whose right of way, or whose track or
roadbed upon such right of way, passes through any canyon, pass, or
defile shall not prevent any other railroad company from the use
and occupancy of said canyon, pass, or defile for the purposes of
its road, in common with the road first located, or the crossing of
other railroads at grade; and the location of such right of way
through any canyon, pass, or defile shall not cause the disuse of
any tramway, wagon road, or other public highway now located
therein, nor prevent the location through the same of any such
tramway, wagon road, or highway where such tramway, wagon road, or
highway may be necessary for the public accommodation; and where
any change in the location of such tramway, wagon road, or highway
is necessary to permit the passage of such railroad through any
canyon, pass, or defile, said railroad company shall, before
entering upon the ground occupied by such tramway, wagon road, or
highway, cause the same to be reconstructed at its own expense in
the most favorable location, and in as perfect a manner as the
original road or tramway: Provided, That such expenses shall be
equitably divided between any number of railroad companies
occupying and using the same canyon, pass, or defile, and that
where the space is limited the United States district court shall
require the road first constructed to allow any other railroad or
tramway to pass over its track or tracks through such canyon, pass,
or defile on such equitable basis as the said court may prescribe;
and all shippers shall be entitled to equal accommodations as to
the movement of their freight and without discrimination in favor
of any person or corporation: Provided, That nothing herein shall
be construed as depriving Congress of the right to regulate the
charges for freight, passengers and wharfage.