The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-02-11
B Y A UTH GRITTY.
Law OF THE UNITED STATES
Passed during the Second Session of the IRiriu.
second Congress.
IPnRIIc Acr-Nn ls i

PUBLIC ACT-No. 1871
AN ACT granting the right of way and making
grant OF land to the States of Arkansas and
Missouri, to aid in the construction of railroad
from a point on the Mississippi, opposite the
mouth of the Ohio river, via Little Rock, to the
Texas boundary near Fulton, in Arkansas, with
branches to Fort Smith and the Mississippi river
Be 1t enacted by the Senate and House of Renre.
seatatives of the United States of AmericG Il, Con-
gress assembled, That the right of way through the
public lands be- and the same is hereby granted to
the States of Arkansas and Missouri, for the con.
struction of railroad from point on the Missis
sppi river, opposite the mouth of the Ohio in the
State OF Missouri, via Little Rock, to the Texas
boundary line near Fulton, in Arkansas with
branches from Little Rock, in Arkansas, to the
Mississippi river and to Fort Smith, in said State,
with the right to take necessary materials of EARTH
stone, timber, &c, for the construction thereof:
Provided, That the right of way shall not exceed
one hundred feet on each side of the length thereof
and copy OF the survey ofsaid road, made under
the direction OF the Legislatures OF the said States
shall be forwarded to the proper local land Offices
respectively, and to the General Land Office at
Washington City, within ninety days after the
completion of the same.
SEc.2. And be 1t further enacted, That there be.
and is hereby, granted to the States of Arkansas
and Missouri, respectively, for the purpose of aid.
ing in making the railroad and branches as afore-
said within their respective limits every alternate
sec ion of land designated by even numbers, for
six sections in width each side of said road and
branches; but in it shall appear that the United
StatSs naVes Wnen line or route OF said road
definitely fixed by the authority aforesaid, sold
any part of any section hereby granted or that
the right of pre-emption has attached to he same
then it shall be lawful for any agent or agents, to
be appointed by the Governor of said State, to
select, subject to the approval aforesaid, from the
lands of the United States most contiguous to the
tier of Sections above specified, so much land in
alternate sections or parts of sections as shall
be equal to such lands the United States
have sold, or to which the right of pre-emp-
ton has attached as aforesaid, Which lands being
equal in quantity to one half of six sections in
width on each side OF said road, the States of Ar
kansas and Missouri shall have and hold to and
for the use and purpose aforesaid: Provided That
the lands to be located shall in no case be further
than fifteen miles from the line of the road: And
provided further, That the lands hereby granted
shall be applied in the construction of said road
and shall be disposed of only as the work pro.
crosses, and shall be applied to no other purpose
Whatsoever; And propided further, That any and
all lands reserved to the United States by any act
of Congress, for the purpose of aiding in any OBJ
ject of internal improvement, or in any manner
for any purpose whatsoever, be and the same are
hereby reserved to the United States from the op-
Grafton of this act except 80 far it may be found
necessary to locate the routes of the said railroad
and branches through such reserved lands
SEC. 3. And be it further enacted, That the sec
tions and parts of sections of land which by such
grant shall remain to the United States within six
miles each side of said road, shall not be sold
for less than double the minimum price of the
public lands when sold.
SEC. 4. And be it further enacted, That the said
lands hereby granted to the said States shall be
subject to the disposal Of the Legislatures thereof,
for the purposes aforesaid and no other; and the
said railroad and branches shall be and remain
public highway for the use of the Government of
the United States. free from toll or other charge
upon the transportation of any property or troops
of the United States. I'D
Sec g. And be it further enacted, That the lands
hereby granted to said States shall be disposed of
by said States only in the manner following: that
to say, that quantity of land not exceeding one
hundred and twenty sections, and included within
continuous length of twenty miles of said road,
may be sold; and when the Governors of said State
or States shall certify to the Secretary of the Int
rior that twenty continuous miles OF said road is
completed, then another like quantity of land
hereby granted may be sold; and so from time to
time, until said road is completed; and II said
road is not completed within ten years, no further
sales shall be made, and the land unsold shal re-
vert to the United States.
SEC. 6. And be IT. further enacted, That the United
States mail shall all times be transported on the
said road and branches under the direction OF the
Post Office Department, at such price as Congress
may by law direct. n.
Approved February 8, 1853.