Nebraska advertiser., 1867-02-14
IPublic-No. 27Ol

Pu6lic-No, 2701
An Act granting Lands to the state Of Kansas TO aid in
the Construction OF a southern Branch Of the Union Pa
cifc Railway Of the Union Pacific Galway and Telo
graph, from fert Riley, Kansas, to Fort smith, Arkan-
sas.
Be Il enacted By the Senate and House Of Repre-
s~ensatiees Of the Uaitea States Of AmerieG IN Con-
grsss assembled,
That for the purpose Of aiding the Union Pacific Aau-
road Company souiherR branch tie sans being a cor
pOratiOn organized under the laws of the Stats OF Kan-
sas to construct and operate a railroad fT0mtfert Riley
kansas, or near said military reservation .fheuca doun
the valley Of the Neosho to the southern line ~ Ire
State OF Kansas, with a view to sn extension Of the
same through a portion Of the Indian Territory 10 fort
smith Arkansas, there Is granted to the State o. KAN
sas for the Use and benefit Of said railroad companY
every alternate section OF land OF parts thereof DO ig-
mated by odd numbers, to the extent Of I've alternate
sections per mile on each side Of said road and not ex-
ceeding in all ten sections per mile tut IN case it
shall appear that the United States have when ira
line Of said road Is definitely located sold any section.
or, any part thereof, granted as aforesaid, or that tbe
right Of pre- emptien or homestead settlement ms a.
tached BY the United States for any purpose whatever
then it shall be the duty Of the Secretary Of the Inta-
rior to eau Sc to Qe selected for the purposes Aforesaid
from the public lands OF the United States nearest IN
the sections above specified, 50 much land as shall ba
equal to tho amount OF such lands as the united States
have sold reserved, or otherwise appropriated. or to
which the right Of HOMESTEAD settlement or nra-snn
tion has attached as aforesaid, which lands. fhns indf.
Gated by the direction Of the Secretary OF the TnterIo-
shall De reserved and held for the Stats Of Kansas o.
the use Of said company by the said Secretar, 49, tbs
purpose Of the censtion and operation Of said ranroa5
as provided by this act Provided, That auv and al
lands here tofore reserved to the United states Nv sDv
act 81 Congress, OF in any erhOr manneo bv connafsrt
authority for the purpose OF aiding in any object Of in
ternal improvement or other purpose whatever, be
and the same are herebs. reserved and exceptei f-or,
the operation Of this act, except so far as 1t NAV be
found neccssare to locate the route OF said road tbrong
such reserved lands, in which case the riget M ~
two hundred feet in width is hereby granted 10 he
approval Of the President Of the Unined stnfes. proe
vfdnd furfftar That said lands bnrnbv - -
not be selected beyond twenty miles from tie Ina ~
said road.
Sec. 2 And be it further eaac'sI, That he section
and parts Of sections OK land which bs the aforesaid
grant ANAL remain in the United states, within ten
miller on each side Of said road, shall not be sold for
less than double the minimum price OF Dnb1ir IsnSs
wheu sold Provided, That actual bona fde settlers
under the p~Te-empti,n laws OF the United sta tes NAV
AFTER due proof OF settlement, Improvement, and oc-
~cupatioB, as now provided by law, purchase the same
al the price fxed for and lands at the date Of such set.
Element, Improvement and occupation . Provided afso
Taat settlers under provi ions Of The homestead act.
VINO MAKE their settlement after the passage Of this
act aud comply with the terms and requirsmeuts OF
said act, shall be entitled. within the said limits o
acres each.
Sect And be 1t further enacted, That the grant
OF lands hereby made is upon condition that said CON-
pany, after the construction Of its road, sha1r keen it
IN repair and use, aId shall at all times transport
troops, munitions Of war, supplies and public stores
upon ats road for the government Ofthe United States
free from all cost or charge therefor to the gOvernmet
when required to do so , by any depaOtmsnt thereof
And the lands Hereby granted shall inure to .he ben
eft Of said company, as follows When the governor
Ct the Sfase-of Eansas shall csrtf fv that - as.Ff,ooF
zen consecutive mu@ % 7Hi1rOad IS c2uHlolo3 te
good, substantial ant sorkmsaAts asnn8r - Q 1fst
class railroad, shsn &c al Secrslt0 o. the niertr
shall tzsue 20 the said eonpsuy r4lenls Pos 81 MANY
sections Of the ltud herein ezanf rIffh sha limits
eeoss n4mee, and Wiz completed
the governor Aforesaid shall be presented to said sec
rotary Of the completion, as Aforesaid, Of each success
slve section Of ten consecutive milesof said road, the
said secretary shall IN like manner issue to said COM
pany patents FOR the land for each Of said sections Of
road as in tbs first instance, until said road shall be
completed Provided, That il said road is not comple-
ted within ten WARS from the date OF the acceptance Of
the grant hereinbefore made, he lands remaining
unpatensed shall revert to the United States.
Sec. 4 And be it further enacted, That as so n as
said company shall file with the secretary Of the late
rioF maps o. lis line, designating the route thereof, il
SHAH De inc duty OF said secretary 70 withdraw from
the market the lands grantee by this act, in such man
ner as may be best calculated to effect the purposes Of
thip act and subserve the public interest.
Sch. 8. And be it further enacted, That the United
states mail phall be transported on said road, and un-
der the direction Of the Post ONCE Department, at'such
price aS C OngTess may provide PROVIDED, That until
such price Is Fixed by law the Ostmaster-genera shall
have power to fix the, compression.
Sec g.. Andb be it further enacted. That the right Of
way through the public lands be, and the same is here
By granted to said Pacific Railroad Company, southern
branch, its s1ccessors AMI assigns, Tor the construction
Of a railroad as proposed: aud the right given to said
corporation to take from the public lands adjacent to
the line Of said road material for the construction
thereof said way is granted to said road to the extent
OF one hundred feet in width on each side Of said road
where il may pas through the public domain also
all necessary ground for station buildings, workshops
depotS mach ine-shOps, switches, eide tracks, turn
! tables, and water stations.
sec. 7 And be it further enacted, That the accep-
taaee Of the forms, conditions, and ImpOsitons ef this
act b. the SAID Pacific Railroad COmpauk southern
branch, shall be signihed in writing, under the cOTpOr-
ate seal OF the said company, duly executed pursuant
70 the direct ion Of its board OF directors first had and
Obta med, which acceptance shall be made within ono
year after the pSssaEe o. this act aud not afterwards,
and shall be deposited With the s~seIetsry OF the Inte-
riOr.
sec. g Ana be it further enaeteiJ That said acifc
railroad Company, Southern braurh its 5uccessOrs all
assigns, Is hereby authorized anu empowered to extend
ind construct its railroad from the southern boundary
Of Kansas, south through the Indian Territory, with
the consent Of the IaGiaas, and not otherwise, along
the valley OF Grand and Arkansas rivers 20 fort smith
in the stale OF ATkans as ; Tnd The right Of way tbrouge
said Indian Territory is hereby granted to said compa
ny. its Successors aud assigns, TO the extent Of sne nun
dFed feet on each side OF said roads, aud all necessary
Crowds for stations, buildings, workshops, machine
shops, switches, Observation-Disclosures, and water
stations.
sec. 8 ABdthe It TnTther enacted, That the same
| grants OF lands through said Indian Territory are here
By maze as prov Idel IN the first section Of this act,
whenever the Indian utle shall be extlDguised By trea
~ or OtherE Use, not 30 exceed the ratio per mile gran.
ted IN the nrst section Of this act Provided, That said
lands eeeone a parts Of the public lands OF The United
states.
zee. 10 And be it further enacted, That said Paci8c
| Railroad Company, southern branch its successors and
assigns, shall have the right 70 negotiate with, sld az
qulre title 10 land Tor railroad purposes from any In.
dian notion or tribe autheIzed by the United states
70 dispose OF lands, aut from any other nation or tribe
Of Indians through wUe lands salad abroad map pas,
subjecc 70 the approval OF the united states, or from
any company or parties Incorporated OF authorized Tor
such purpose, BY such nation OF tribe, or which suct
parties may have acquired under the laws OF the uhf-
ted states.
Sec. q. And bel further enacted, That any rail-.
r cad Company chartered under any saw 81 tie Unite
! States, or " any state which MAJ have been organ
/ iZed BY any actof the Congress Of fhe United States
may eouueet, unite, and consolidate with this rail
road company after the name shall be located 70 the
valley OF the Neoshe or Grand River, upon Just, far
and equitable terms, - be agreed upon Get wesn fbe
parties IS shall not be pnbltc interest, or the interss
" the United States. Approved July IS, 1856