The Placer herald., 1865-12-23


asking protection for Miners, Settlers
and Ditch Owners within the limits of
the Land Grant to the Central Pacific r.
4. Company.
Mr.. Belden, of Nevada, introduced the
following important resolution and memorial
in the Senate, on the 18th. 1t is to be hoped
that Congress will extend the protection ask.
ed in time to save the people within the
grant from the clutches of the grasping and
heartless monopoly known as the Central
Pacific Railroad Company of California;:
Whereas, 1t is proposed that the Legisla-
ture of the State of California do memorial
ize the Congress of the United States, touch
ing certain amendments to the certain Act
of Congress donating lands to the Central
Pacific Railroad Company, approved July
2nd, 1854;
And Whereas, pending the consideration
of said memorial there is danger that pat'
ens to public lands may issue to said road
Company, and other action be had defeating
the oil ject Of said proposed amendment by
the office Of the United States Land Com
missioner at Washington; therefore
Resoleed, BY the Senate, the Assembly
concurling that our Senators in Congress be
instructed, and our Representatives be re-
qnested, to use all efforts to prevent the
issuance of any patents to said donated lands
or any alienation of said lands, until said
memorial shall be received and duly acted
upon bv the Congress of the United States
ReSolyed, That a copy of these resolutions
| h. o,J
tatives in Congress, and also to the United
Land Office at Washington.
Memorial of the Senate and assembly, the
Legislature Of California, TO the Congress
of the United States.
The memorial of the Legislature Of the State
of California, respectfully representeth:
| That Whereas, An Act of the Congress
Of the United States, entitled An Act to
aid in the construction of railroad and tel
egraph line from the Missouri River to the
| Pacific Ocean, and to secure to the Govern
ment the use of the same for postal military,
and other purposes" approved July l, 1862,
did grant to certain corporations, and espe
caly to the Central Pacific Railroad Com
pany of California, certain rights, privileges,
and powers, for the purpose of aiding in the
construction of certain railroads therein des
ignaed; said Act further donating to said
Central Pacific Railroad Company, upon Ger
tain conditions, certain public lands adjoiu-
inc the line of said road, and reserving from
the lands thus donated mineral lands and
certain other rights aud claims therein spe
uially excepted.
And Whereas, Said Act did further pro
vide that "Congress might at any time add,
alter, amend, or repeal said Act.
And Whereas, The Congress of the Uni
ted State, did, by an amendment Of section
third Of said original Act. approved July 2
1864, increase the amount Of land the said
original Act donated, and did further, by
said anendatory Act, reserve from said do
mated "lands all mineral lands, excepting
those containing mines OF coal and iron;'
and did farther provide, "that said lands thus
donated should not affect or impair any pre-
empton, homestead, swamp land or other
| lawful claim, nor include any Government
reservation, or mineral lands, or the improve.
ments of any bona tide settler, or any lands
returned and denoDlnated as mineral lands
and did further provide, that certain of said
| excepted ri yhs "should be determined by
rules to be es ablished bv the Commissioners
Of the General Land Off g, in conformity
with the provisions Of the pre,emplion laws"
And Whereas, The line of said Central
Pacific Railroad passes through popuous
section Of the State, and through counties
principally mineral IN their character, and
where large tracts Of land have been located
and are now occupied 10y bona file settlers, y
under and in accordance with the laws OF
this State; and it further appearing probable
that, in the greater part Of such donate ell
lands as lie within the several count es of FL
Dorado, Placer, Nevada, and Sierra, vaIua'
bic mines Of gold and silver exist, that are
as yet undeveloped and undiscovered; there
fore, to the end that full force and effect may
be given to the several reservations from said
donated lands, and that The just rights Of
miners and bona ide occupants Of said pub
lie lands may be fully secured, We do request
that section four of said Act Of July 2. 1864
be further amended by providing therein:
That the improvements Of any "bona fde
settler" shall be deemed to include such i'm.
proved lands as now are and were at the
date Of The location of said line of road, ac
tua|Iy occupied and improved by "bona fde
settlers" in accordance with the laws of the
State of California; and such other lands as
have for said period been and still are peace
ably and actually occupied and ossessrd for
any and every lawful and beneficial purpose
To the extent of one hundred and sixty acres
to each occupant; such provision to be made
by such amendment AS shall enable such sci
tiers TO purchase such improved lands from
said railroad company, 10y paying to SAID
company therefor the Government price OF
one dollar and twenty five cents per acre.
And that said Act be further amended so as
to secure TO all water ditch and canal com
panes now in actual operation, all water
rights and privileges by them now held aud
used, together with the right of way for such
water ditches and canals over and throuyh h