The tri-weekly standard., 1867-04-25
Official.
TPUBLIC-No. 104.1

ANAcT granting lands to aid in the construction
of railroad from the city of Stockton to
the town of Copperopolis, in the State of Cali
forlia.
Be it enacted by the Senate and House Of Repre-
sentatiyeS Of the United States Of Anaerica in Con-
gress assembled That the right of way through the
public lands be, and the same is hereby granted
to the Stockton aad CopperoPolis Railroad Com,
pany a corporation organized under the laws Oh
the State of California, its successors and assigns
for the construction of railroad from the city oi
Stockton to the town of COpperopolis, in the
State of Cali foria, by the most feasible route 10
be selected by said company; and the right is
hereby given to said company to take from the
public lands adjacent to the line OF sad ROAD ma
teria for the construction thereof. SAID right OF
way is granted to said company to the extent OF
ono hundred feet in width on each slde Oh salu
road where it may pass through the puolic 10
main also all necessary ground for station build
ings, workshops, depots, machine shops, switch
cs, side-tracks, turn tables, and water-stations
PiOOidsd, That all the rights conferred upon SAID
railroad company by this act are made upon the
express condition that said company shall first be
designated by the legislature of the State OF Cali
fornia the company to be vested with the rights
privileges franchises, ana grants creatcu OF CON-
ferrcd by this act.
SEC. q Ind be it further enacted, That there be,
and is hereby, granted to the State OF California,
for the construction of the said Stockton and Cop
peropolis railroad its successors anu assigns for
the purpose of aiding in the construction OF the
said railroad, upon the condition prescribed in
section one of this act and to secure the safe and
speedy transportation of the mails, troops, mIni-
tions of war, and public stores over the route OF
said line of railway, every alternate section OF
public land designated by odd numbers to the
extent of five alternate sections on each side OF
said railroad line said company may adopt,
whenever on the line thereof the United States
have full title not reserved. sold granted, or 9th
erWisc appropriated, and free from pre-emptlon
or other claims rights at the time the line OF
said road is definitely fixed and plot thereof
filed in the office OF the Commissioner OF the Gen
eral Land Office. And whenever, prior to said
time, any of said sections or parts of sections
shall have been granted, sold, reserved, or cover
ed by private land grants, or occupied by home
stead settlers, or pre-empted, or otherwise dlspo-
sed of, other lands shall be selected by said COM
pany, in lieu thereof, on the line of said road,
within twenty miles of the same, under the d.
rection of the Secretary of the Interior, in alter
nate sections, and designated by odd numbers:
Provided, That all lands containing gold or silver,
or copper, be- and the same are hereby, excluded
from the operations of this act, and in lieu there
of like quantity of unoccupied and unapprOpria-
ted Ian is, in odd-numbered sections, within the
said twenty miles of the line of said road, may be
selected as above provided: And prOyided FURTHER,
That the word /" mineral" when it occurs in
this act, shall not be held to include iron or coal
SEC 8. And be it further enacted, That whenever
said railroad company shall have ten consecutive
miles of any portion of said railroad ready for the
service contemplated, the Pacific railroad COM
missioners shall examine the same; and if it shall
appear that ten miles of said road have been COM
rleted in good and substantial manner, and in
all respects as required by this act, the commits
sioners shall report to the President of the
United States, and patents of lands, as aforesaid,
shall be issued to said company, confirming to
said company the right and title to said lands
hereinbefore granted, situated opposite TO and
cotcrminous with said completed section of said
road, within twenty miles thereof. And from
time to time, whenever ten additional miles shall
have been constructed, completed and in read-
&c aforesaid led hy he pOn
to the President of the United States, then pa
tents shall be issued to said company, conveying
the additional sections of land aforesaid, and
so on as fast as every ten miles OF said road is
completed The services of said commission
ers under this act shall be paid by said com
pany.
SEC 4 And be it further enacte J. That said rail
road shall be constructed in a substantial and
workmanlike manner, with all the necessary
draws, culverts, bridges viaducts, crossings, tur-
nouts, stations, and watering places, and all other
appurtenances, including furniture and rolling
stock, equal in all respects to railroads of the first
class when prepared for business with rails of
the best quality; and uniform gauge with the
Pacific railroad shall be established the entire
lenth of the road.
SEC. 5. And be it further enacted, That the
President of the United States shall cause the
lands to be surveyed for twenty miles in width
on both sides of the entire line of the said road
afterth 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 entry, or
pre-emptlon before or aft, + they are surveyed,
except by said compan T. as provided in this act;
but the provisions of the act of September, eigh-
teen hundred and forty-one, granting pre-emp-
tion rights, and the acts amendatory thereof, and
of the act entitled An act to secure hOmesteads
to actual settlers on the public domain,n APPROX
ed May twenty, eighteen hundred and sixty twO
shall be, and the same are hereby, extended to all
other lands on the line of said road when survey
ed, excepting those hereby granted to said com
pany; and the sections and parts of sections
which shall remain in the United States within
ten miles of said railroad on each side thereof
shall not be sold for less than two dollars and fifty
cents per acre.
Sec. 6 And be it .fat,tae, enacted, That each
and every grant, right and privilege are so made
and given to and accepted by said Stockton and
Cepperopolis Railroad Company upon and sub
Ject to the following conditions, namely: That
the said company shall commence the work on
sald road within two years from the approval of
this act by the President and shall complete not
less than ten miles per year after the second year.
and shall construct, furnish, equip, and complete
the whole road by the fourth day of July, eigh-
teen hundred and seventy-two; and upon fail
ure OF said company to comply with either ofsaid
conditions, the lands then unpatentcd to said
company shall revert to the United States
Sec T. Amdbe Htalrther enacted, That the United
States make the several conditioned grants here
in, and that the said Stockton and Copperopolis
Railroad Company accept the same, upon the fur
ther condition that if the said company make any
breach OF the conditions thereof and allow the
same to continue for upwards of one year. then
in such case, at any time hereafter Congress may
do any and all acts and things which may be need
ful and necessary to insure speedy completion
of said road
Sec. s. And be 1t further enacted That said
Stockton and Copperopolis railroad, or any part
thereof, shall be post route and military rail
road, subject to the use of the United States for
postal, military, naval, and all other government
service, and also subject to such regulations as
Congress may impose restricting the charges tor
such government transportation, and all troops
and munitions OF war of the United states shall
be transported over the said railroad free of all
expense or charge to the government therefor
whenever the same shall be required by the GOV
ernment OF the United States.
SEC. g. A'ed be it further enacted That the ac-
ceptance OF the terms, conditions, and imposi-
lions OF this act, by the said Stockton and Cop
Peropolis Railroad Company, shall be sgnifed in
IN writing, under the corporate seal Of the said
company, duly executed pursuant to the direction
OF It's BOARD OF directors first had and obtained
which acceptance shall be made within two wears
after the passage of this act, and not afterward,
and shall be served on the President of the United
States, and filed in the Office of the Secretary of
the Interior.
Sec 10. And be it further enacted, That nnless
the said Stockton and Copperopolis Railroad
Company shall obtain bona tide subscription to
the stock OF said company to the amount of two
hundred thousand dollars, with five per centum
pald within two years after the passage and ap-
ProYal OF this act, it shall be null and void
SEC. III. Amd be ii further enacted, That Con-
greSs may, at any time, having due regard tor the