The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-11-01

the direction of its board of directors first had
and obtained, which acceptance shall be made
within one year after the passage of this act
and not afterwards, and shall be deposited
with the Secretary of the Interior
Sec. s. And be Ifatrther enacted That said
Kansas and Neosho Valley Railroad Company,
its successors and assigns, is hereby author
lied and empowered to extend and construct
its rail road from the southern boundary of
Kansas, south, through the Indian territory, to
Red river, at or near Preston, in the State of
Texas so as to connect with the railway now
being constructed from Galveston to a point at
or near Preston, in said State; and the right of
way through the Indian Territory wherever
such right is now reserved to the United States
by treaty with the Indian tribes, is hereby
granted to said company, to the same extent
as granted by the sixth section of this act
through public lands, and in all cases where
the right of way, as aforesaid, through the In
dian lands, shall not be reserved to The Gov
eminent, the said company shall before con-
structing its road procure the consent of the
tribe or tribes interested, which consent, with
all its terms and conditions shall be previous
~ approved and endorsed by the President and
filed with the Secretary of the Interior.
SEC. 8. And be 1t further endcted That the
same grants of lands through said Indian ter
ritory are hereby made as provided in the first
section of this act, whenever the Indian title
shall be eXtinguished by treaty or otherwise,
not to exceed the ratio per mile granted in the
first section of this act Provided, That said
lands become part of the public lands of the
United States.
Sec 10. and be 1t further enacted, That said
Kansas and Neosho Valley Railroad Company
its successors and assigns, shall have the right
to negotiate with, and acquire from any In
dian nation or tribe, authorized by the United
States to dispose Of lands for railroad purpO-
ses, and from any other nation or tribe Of In
dams through whose lands said railroad may
pass, subject to the approval Of the President
of the United States, or from any company or
parties incorporated or authorized for such
purposes, by such nation or tribe, or which
such parties may have acquired under the avs
of the United States.
SEC II. A1ad be it further enacted That any
railroad company chartered under any law of
the United States, or ofthe State of Kansas,
which may have been heretofore or shall here
after be recognized and subsidized by any act
of the Congress of the United States, may con-
meet, unite, and consolidate with this railroad
company, after the same shall be located to
the valley of Neosho river upon just, fair and
equitable terms, to be agreed upon between
the parties, and shall not be against the pub
lie interest or the interest of the United
States; nor shall any road authorized to con-
meet as aforesaid charge the road so connect
q greater tariff per mile for freight or passan-
gers than is charged for the same per mile by
its own road: Andproojdedt further, That should
the Leavenworth, Lawrence, and Fort Gibson,
Railroad Company, or the Union Pacific Rail
road Company, southern branch, construct
and complete its road to that point on the
southern boundary of the State Of Kansas,
where the line of said Kansas a. NeOsho Valley
Railroad Company shall have constructed and
completed its said road to said point, then and
in that event the Company so first reaching in
completion the said point on the southern
boundary Of the State of Kansas shall be au-
thorized, upon obtaining the of the President
of the United States to construct and operate
itc 70 n limo Of roilr0o6 col 1oOiOf
at or near Preston in the State of Texas, with
grants of land according to the provisions of
this act, but upon the further special condition
nevertheless, that said railroad company shall
have commenced in good faith the construc-
tlan thereof before the said Kansas and Neosho
Valley RailroadCompapy shall have completed
its said railroad to said point: Ind prorided
further, That said other railroad company, so
having commenced said work in good faith
shall continue to prosecute the same with suf
fcient energetic insure the completion of the
same within a reasonable time, subject to the
approval of the President ofthe United States:
and provided further, That the right of way
through private property, when not otherwise
provided for in this act or by the law of airy
State through which the road may pass, shall
be obtained by said Kansas and NeOSho Valley
Railroad Company, or either of the other com
panies named inthis act, i'll accordance with
the provisions of section three of an act. enti-
tied San act to aid lin the construction of
railroad and telegraph line from the Missouri
river to the Pacific ocean, and to secure to the
government the use Of the same for postal mil
itarv, and other purposes" approved July
first, eighteen hundred and siXty-tWo.
Approved, July 25, s66.
TPUBLIc-No 139.
AN ACT granting lands to aid in the construc-
ton of a railroad and telegraph line from
the Central Pacific railroad, in California,
to Portland, in Oregon.
BE it enacted By the Senate and House Of Repre-
Se1t0tiUes ofthe United States of Anerica IN Com-
greSS assembled, That the "Calfonia and Or
egon Railroad Company" organized under an
act of the State of California, 'to protect GER
tain prrties in and to railroad survey, to con-
meet Portland in Oregon, with Marysville, in
California" approved April sixth, eigh' cen
hundred and siXty-three, and such company
organized under the laws of Oregon as the
legislature of said State shall hereafter desig-
nate, be, and they are hereby, authorized and
empowered to lay out, locate, construct, finish,
and maintain railroad and legraph line be-
tween the city of Portland, in Oregon, and the
Central Pacific railroad, in California in the
manner following, to wit: The said Califor-
mia and Oregon Railroad Company to cor
struct that part of the said railroad and tele-
graph within the State of California begin
ming at some point TO be selected by said
on the Central Pacific railroad in
the Sacramento valley, in the State of CalifOr-
y.
the Sacramento and Shasta valleys, to the
northern boundary ofthe State of California;;
and the said Oregon company TO construct
that part of the said railroad and telegraph
line within the State of Oregon, beginning at
the city of Portland, in Oregon, and running
thence southerly through the Willamette
Uupqua, and Rogue River valleys to the
southern boundary of Oregon, where the same
shall connect with the part aforesaid to be
made by the first named company: PrO0id' d
That the company completing its respective
part of the said railroad and telegraph from
either of the termini herein named to the line
between California and Oregon before the
other company shall have likewise arrived at
the same line, shall have the right, and the
said company Is hereby Authorized, to contin-
ue in constructing the same beyond the line
with the consent of The State in
which the unfinished part may lie, upon the
terms mentioned in this act, until the said
parts shall meet and connect, and the whole
line OF said railroad and telegraph shall be
SEC. 2. Ind be it further enacted, That there be,
and hereby is, granted to the said companies,
their successors and assigns, for the purpose
of aiding in the construction of said railroad
and telegraph line, and to secure the safe and
speedy transportation of the mails, troops,
munitions of war; and public stores over the
line of said railroad, every alternate section of
public land, not mineral, designated by odd
to the amount Of twenty alternate
sections per mile Qen on each side) of said
railroad line; and when any of said alternate
sections or parts of sections shall be found to
have been granted, sold, reserved, occupied
by homestead settlers, pre-empted, or other
wise disposed of, other lands, designated as
shall be selected by said com panies
in lieu thereof, under the direction of the Sec
rotary Of the Interior, in alternate sections
by odd numbers as aforesaid, near
est to and not more than ten miles beyond
the limits of said first-named alternate sec
tions and as soon as the said companies, OF
either Of them, shall file in the Office f'the
Secretary Of the Interior map fthe survey
of said railroad, or any portion thereof, not
less than sixty continuous miles from either
terminus, the Secretary of the interior shall
from sale public lands herein grant
ed on each side of said railroad, so far as To-
Gated and within the lin is before specified
The lands herein granted shall be applied to
the building OF said road within the States,
wherein they are situated. And