, 1864-10-03

tofore granted shall be deducted from the
amount granted by this act !: Provided fur
Tier, That the railroad company receiving
the previous grant Of land may assign their
interest to said " Northern Pacific Railroad
Company" or may consolidate, confederate,
and associate with said company upon the
terms named in the first section Of this act !:
PrOrided, further, That all mineral lands
be and the same are hereby excluded from
the operations of this act, and in lieu thereof
a like quantity Of unoccupied and uuapprO-
priated agricultural.lands in Odd-numbered
sections nearest to the line Of said road, and
within fifty miles thereof. may be selected
as above provided: ARd prOvided, .fariler,
That the word mineral" when it occurs
in this act, shall not be held to include iron
or coal: And prorided, further, That no
money shall be drawn from the Treasury Of
the United States to aid in the construction
Of the said Northern Pacific railroad.
Sec. 4. Aad be IL further enacted. That
whenever said Northern Pacific Railroad
Company shall have twenty-five consecutive
miles Of any portion Of said railroad and
telegraph line ready for the service contem-
plated, the President Cf the United States
shall appoint three commissioners to exam
inc the same, and if it shall appear that
twenty FIVE consecutive miles of said road
and telegraph line have been completed in
q good, substantial, and workmanlike man.
ner. as in all other respects required by this
act, the commissioners shall so report to the
President Of the Unitd States, and patents
Of lands, as aforesaid, shall be issued to said
company, confirming to said company the
right and title to said lands, situate opposite
to and cOterminous with said completed
section of said road and from time to time,
whenever twenty-five additional consecutive
miles shall have been constructed, complet.
ed, and in readiness as aforesaid, and veri-
fed by said commissioners to the President
Of the United States, then patents shall be
issued to said company conveying the add.
tiOnal sections Of land as aforesaid, and so
on as fast as every twenty five miles Of said
road is completed as aforesaid: Propided,
That not more than ten sections Of land per
mile. as said road shall be completed, shall
be conveyed to said company. for all that
part Of said railroad lying east of the west
ern boundary Of the State Of Minnesota,
until the whole of said railroad shall be
finished and in good running order, as a first
class railroad, from the place Of beginning
on Lake Superior to the western boui ,ry
Of Minnesota: Provided, also, That lands
shall not be granted under the provisions
Of this act on account OF any railroad, or
part thereof, constructed at the date of the
passage of this act.
Sec. 5. And be IL further enacted, That
said Northern Pacific railroad shall be con-
structed in a substantial and wOrkmanlike
manner, with all the necessary draws, cul-
verts, bridges, viaducts. crossings. turnOuts,
stations, and watering places, and all other
appurtenances. including furniture, and roll
ing stock, equal in all respects to railroads
Of the first class, when prepared for business,
with rails Of the best quality, manufactured
from American iron. And uniform gauge
shall be established throughout the entire
length Of the road. And there shall be
constructed telegraph line, Of the mes.
substantial and approved description, to be
operated along the entire line: Prorid d,
That the company shall not charge the Gov
eminent higher rates than they do individ.
uals for like transportation and telegraphic
service. And it shall be the duty of the
+" Northern Pacific Railroad Company" to
permit any other railroad which shall be
authorized to be built by the United States,
or by the Legislature Of any Territory or
State in which the same may be situated, to
form running connexions with II on fair and
equitable terms
Sec @. And Jc IL further enacted, That
the President Of the United States shall
cause the lands to be surveyed for forty miles
in width on both sides Of the entire line Of
said road after the general route shall be
fixed, and as fast as may be required by the
construction Of said railroad; and the odd
sections Of land hereby granted shall not be
liable to sale or entry, or emption, before
or after they are surveyed, except by said
company, as prov ded in this act; but the
provisions Of the act Of September, eighteen
hundred and forty-o granting prc-emption
rights, and the acts amendatCry thereof,
and Of the act entitled An act to secure
hOmesteads t. actual settlers on the public
domain" approved May twenty, eighteen
hundred and sixty-tw shall be and the
same are hereby extended toall other lands
on the line of said road when surveyed,
excepting those hereby granted to said COM
pany. And the reserved alternate sections
shall not bc sold by the Government at a
price less than two dollars and fifty cents
per acre, when offered for sale
Sec. Z. And be ii further enacted, That
the said Northern Pacific Railroad Com
pany" be and is hereby authorized aud em.
powered to enter upon. purchase, take, and
hold any lands or premises that may be ne
cessary and proper for the construction and
working of said road, not exceeding in width
two hundred feet on each side Of the line
Of its railroad, unless a greater width be
required for the purpose Of excavation OF
cmbankmcht; and also any lands or prem
ises that may be necessary and proper for
turnouts, standing places for cars, depots,
station-houses, or any other structures re-
quired in the construction and working Of
said road. And the said company shall
have the right to cut and remove trees and
other material that might, by falling, en-
cumber its road bed, though standing OF
being more than two hundred feet from the
line Of said road. And in case the owner
of such lands or premises and the said COM