The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-03-21
PUBLIC ACTS.
CHAP. CCLXXVII.-(Concluded1

of the House of Representatives.
CHAP. CCLXXVIII.-(Conclu
An Act granting Lands to aid in the Construction
of Railroad and Telegraph Line from the
States of Missouri and Arkansas to the Pacific
Coast
Sec. 2. And be it further enacted, That the
right of way through the public lands be, and the
same is hereby, granted to the said Atlantic and
Pacific Railroad Company, its successors and as
signs, for the construction of railroad and tclc-
graph as proposed and the right, power, and au-
thorty is hereby given to said corporation to
take from the public lands adjacent to the line of
said road material OF earth, stone, timber and so
FORTH for the construction thereof Said way is
granted to said railroad to the extent of one hun
dred feet i'll width on each side of said railroad
where it may pass through the public domain, in
Guiding all necessary grounds for station build
ings, workshops, depots, machine-shOps, switch
es, sidetracks, turntables, and water-stations :;
and the right of way shall be exempt from taxa
tion within the Territories of the United States
The United States shall eXtinguish, rapidly us
may be consistent with public policy and the vel
fare Of the Indians, and only by their voluntary
cession, the Indian title to all lands falling under
the operation of this act and acquired i'll the do
nation to the road named in the act.
Sec. 8. And be it further enacted, That there
be- and hereby is, granted to the Atlantic and Pa
citc Railroad Company, its successors and as
signs, for the purpose of aiding in the consfruc-
cifc coast, and to the safe and speedy
transportation of the mails, troops, munitions of
war, and public stores, over the route OF said line
oil railway and its branches, every alternate Sec
tion of public land, not mineral, designated by
odd numbers, to the amount of twenty alternate
sections per mile, on each side of said railroad
line, as said company may adopt through the
Territories of the United States, and ten alternate
sections of land per mile on each side of said rail-
road whencvcrit passes through any State, and
whenever on the line thereof, the United States
have full title, not reserved, sold, granted, or
otherwise appropriated, and free from pre-emp
tion or other claims rights, al the time the line
of said road is designated by plat thereof filed
in the office of the commissioner Of the general
land office; and whenever, prior to said time, any
Of said sections parts OF sections shall have been
granted, sold, reserved. occupied by homestead
settlers or prc-cmptcd, or otherwise disposed of,
other lands shall be selected by said company in
lieu thereof under the direction of the Secretary
of the INTERIOR in alternate sections, and dcs"na-
ted by odd numbers, not more than ten miles be-
yOnd the limits of said alternate sections, and not
including the reserved numbers Provided, That
if said route shall be found upon the line of any
other railroad route TO aid in the construction Of
which lands have been heretofore granted bt the
United States as far as the routes are upon the
same general line, the amount Of land heretofore
granted shall be deducted from the amont grant
ed by this act: Provided further, That the rail
road company receiving the previous grant of land
may assign their interest to said Atlantic and
Paclllc Railroad Company" or may consolidate,
on the terms named in the first and seventeenth
sections of this act: Provided further, That all
mineral lands be- and the same are hereby, cxcll-
ded from the operations of this act, and in lieu
thereof 4 like quantity of unoccuped and unap-
propriatcd agricultural lands in odd-numbered
sections nearest to the line of said road and with
in twenty miles thereof, may be selected as above
provided: And provided further, That the word
" mineral, when it occurs in this act, shall not
be held 20 include iron COAL And provided
further, That no money shall be drawn from the
treasury of the United States to aid in the con-
struction of the said 'Atlantic and Pacific Rail
road"
Sec 4 And be it further enacted, That when
ever said Atlantic and Pacific Railroad Company
shall have twenty-five consecutive miles Of any
portion of said railroad and telegraph line ready
for the service contemplated the President of the
United States shall appoint three commissioners
to examine the same, who shall be paid a reason
able compensation for their services bv the com.
pany, to be determined by the Secretary of the
Interior; and if it shall appear that twcnt-tive
consecutive miles of said road and telegraph line
have been completed in good. substantial and
workmanli Ike manner, as in all other respects re-
quired by this act, the commissioners shall so re-
port under oath, to the President of the United
States, and patents of lands, as aforesaid shall be
issued to said company, confirming to said COM
pany the right and title to said lands situated op-
pOsitc to and cOterminous with said sompleted
section of said road And from time to time,
whenever twenty-five additional consecutive
miles shall have been constructed completed,
and in readiness aforesaid. and verified by said
commissioners to the President of the United
States, then patents shall be issued to said COM
pany conveying the additional sections of land as
aforesaid, and so on as fast as every twenty-five
miles of said road is completed as aforesaid
Sec. 3. And be it further enacted, That said At
lantic and Pacific Railroad shall be constructed
in substantial and workmanlike manner with
all the necessary draws, culverts, bridges, vaducts
crossing, turnouts, stations, and Watering places
and all other appurtenanees, 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, manufactured from
American iron. And uniform gauge shall be
established throughout the entire length of the
road. And there shall be constructed Il telegraph
line, of the most substantial and approved dcs-
cription, to be operated along the entire line:
That the said company shall not charge
the goveroment higher rates than they do individ-
uals for like transportation and teiegraphic SER
vice And it shall be the duty of the Atlantic and
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 sit
uated, to form running connections with it. on
fair and equitable terms.
Sec 6. And be it further enacted, That the
President of the United States shall cause the
lands to be serveyed for forty miles in width on
both sides of the entire line of said road after the
general route Shall be fixed, and as may be re-
quired by tile construction of said railroad and
the odd sections of land hereby granted shall not
be liable to sale or entry, or pre-emption, before
or after they are surveyed, except by said COM
pany, provided in this act of September, eigl-
teen hundred and forty one, granting pre-cmp-
ton rights and the act entitled "An act to Sc
cure homcsteads to actual settlers on the public
domain" approved May twenty, eighteen hun
dred and siXty-two, shall be, and the same are
hereby, extended to all other lands on the line of
said road when surveyed, excepting those hereby
granted to said company.
Sec. T. And be it further enacted, That the
said Antlantic and Pacific Railroad Company be-
and is hereby, authorized and empowered to en-
Ter upon, purchase, take, and hold any lands or
promises that may be necessary and proper for
The construction and working of said road, not
in which one hundred feet each side |
Of the line of its railroad, unless greater width
De required for the purpose of excavation or EN- |
and also any lands or promises that |
nay be necessary and proper Tor turn outs, stan |
ling places for cars, depots, station houses, or
my other structures required in the construction
md working of said road. And the said compa-
~ shall have the right to cut and remove trees |
md other material that might, by falling, encum-
Der its road-bed, though standing or being more
han two hundred feet from the line of said road.
And in case the owner of such lands or promises
md the said company cannot agree as to the va
ue of the promises taken, or to be taken, for the
lse of said road the value thereof shall be deter
mined by the apprisal of three dislntercsted COM
niSsioners, who may be appointed upon applica-
ion by either party to any court oi record in any
# the Territories in which the lands or premises
o be taken lie; and said commissioners, in their