New Orleans Republican., 1867-05-31

raIIrOa1 tpegrapn
the government the of the for postal mill
tagry, gi an and other purposes approved July first
Approved July y, 1896 80
AN ACT granting lands to aid in the construction of
railroad and telegraph line frem the entral
Pacific railroad, in California, to Port and, in
Oregon,
BE it ena ted by the Senate and House of Repre.
sentatIves OF the United States of America in Con
eress assembl d. That the " California and o eeon
Railroad C1mpany,' organized under act of the
state of Cal frnis ito protect certain parties in and
TO arsilroad survey to connect Portland, in Oregon
with Marysville, in California approved A pril SIXTH
eighteen hundred and sixty three and such com
pany organized under the laws of Oregon the
legislature of said state shall hereafter designate
b., and they are hereby, authorized aud empowered
to lay out, locate, construct, finish, and maintain
railroad and telegraph line between the city of Port
land in Oregon. and the Central Pacific rail oad in
Ca ifornia, in the following to wit The said
California and Oregon railroad Company to cou-
struc that part OF the said railroad and telegraph
within the State of California, beginning at some
point 10 be selected by said company on the Cen
trail Pacific railroad in the Sacramento vale in the
STA Of Califcrnia, and running thence northerls
northern boundary Of the State of California; and
tn said Greg m company to construct that part OF
of Oregon, beginning the city Of Portland in Ore
gon; and running thence southerly, through the
the southern boundary OF Or gon, where the same
shall connect with the part aforesai be named by
the first named company: Provided, That the COM
pany onpeting its respective part of the said rail
road and telegraph from either OF the termn herein
before the other company snail have likewise arrived
at the same line, shal have the right and the said
company Is hereby authorized to continue IN con
structlng the b. yond the line aforesaid with
the consent of the state in which the unfinished part
may lle up n the terms mentioned ia this act, until
the said parts shall meet and connect and the whole
line OF said railroad and telegraph shall be com
peted.
SEC. ,. And be it further enacted That there be-
and hereby is granted 10 the said companies. their
the construction of said railroad and telegraph line
and to secure the safe and speedy ttanspo aton of
the mails, troops, munitions of var, and public
stores over the line of said lroad, alternate
section of public land, not mineral designated by
odu numbers, to the amount of enty alternate sec
tons per mile ten each side of said railroad line:
and when any OF said alternate sections parts OF
sections snail bs found to have been granted, sod,
res' rved, occupied by homestead settlers. pre-
empted, or otherwise disposed of o her ands, desg
mated as aforesaid, shall be selected by said COM
pahle. IN ieu thereof, under the direction OF the
Secretary of the Interior, in alternate sections desg
not more than ten miles beyond the limits OF said
hrst named alternate section and as the
office Of the Secretary Of the Interior a map OF the
survey OF said rail- oSd. any portion thereof. not
less than sixty continuous m les from either termn-
u the SecTe AIRY OF the Interior shall withdraw from
SAFE puoHc lands herein granted each side of said
re specified. The lards herein granted shall be ap-
pled to the building of said road within the State
sections and parts OF sections of land which shall
matD IN the United States lthln the % he
the minimum price public lands when slld Pro
ylded, That bona hde and actual settler, under the
preemptiOn laws OF the United States may, at
due proof OF settlement, improvement, and occupa.
tion, as now provided by law purchase the same al
the pr'ce fixed Tor said lands at the date Of such
tlement, Improvement, and occupation: And pro
vded also That settlers under the provisions of the
homestead act, who comply with the terms and
qurements Of said act snail be entitled, within the
limits ot SAID grant, TO patents for an AmolDt not
exceeding eighty acre of the land reserved by the
United ates, anything in this act to the contrary
notwithstanding.
SIC. Aud be it further enacted, That the
right OF way through the public lands be- aud the
same IS hereby granted to said companies tor the
construction of said railroad and egrapn line and
the rlght, power and auih rly are hereby given TO
said companies to take from the public lands adjacent
10 the line OF SAID road, earth, sone, timber water
and other materials for the con truciion thereof
Said right Of way granted to said railroad the
eIteut OF one hundred feet width on each side Of
SAID railroad where 1t may uass the public
lands including all necessary grounds for stations
buildings Workshops, depgts, machine shops
switches. sdetricks, turn tables water stations or
any other structures required in the construction
aud operating of said road.
SIC l. And be i further enacted, y hat whenever
the sad companies, or either of them, shall have
twenty or more consecutive lies Of any portion of
sad raj read and telegraph line ready Tor the
contemplated by this act, the President OF the
Unite states shall appoint three commis,ioners
whose compensation shall be paid by said company,
to examine the same and II IL snail appear tnat
twenty consecutive miles Of railroad and telegraph
shall have been completed and equipped in an re-
spects rs required by this act the sad commission
shall report under oath to the Presden Of the
Unied states, and thereupon patents shall issue
said panies, either Of them ns the case may
be- for the land hereinbeiore granted 10 the extent
OF and cotermlnous with the comp eted section of
said railroa and telegraph line as afore aid; and
from me to time, whenever twenty or more con.
secutlye miles of the said road aud telegraph shall
be completed and equipped a, aforesaid. pAtents
shall in like manner issue upon the report OF the
saio commissioners, and SO until The entire rail.
road and telegraph auth rzsd by this shall have
been constructed and the patents of the iands here
in granted shall have been issued.
SEC And be It further acted That the grants
afor said made upon the nd tion that the said
shalt Keep said railroad and Telegraph in
repair and and shall at all times tran spot the
mails upon said rai4S5ad. and transm dispatches
by said telegraph line for the government OF the
United States when required do by any depart
ment thereof and that the government shall at all
and telegraph therefor fair and reasonable rates
OF compensau n, not to exceed .he rates paid by
said railroad shall be ad remain public highway
for the usa Of the government OF the United State-
free Of all toll otner argos upon the Transports
tion Of the property troops # the United States
and the same hal be transported over said road al
the cost charge ana expense OF the corporations or
required by the government OF the United States.
companies shall e their assent to tbs act I IN the
Dep rtment OF the Interior within ear after he
pa sage hereof and shail complete the first section
two years, and at least twenty miles 10 each year
Of July, one thousand eight hundred and seventy
five; and the sad railroad snail be of the same
gauge as the Can raj Pacific railroad" of Calitor
mia, and be connected Herewith.
SIC. T. And be IL further enacted That the said
comp nies named IN this act hereby required TO
and telegraph mentioned in section OF this act
for all purposes OF transportation travel and COM
as connected and continuous line;
and IN such operation and use to afford and secure
rates, time, and tran, portstion, Without any dis,
whatever rain of forieitinK the full
crimiuation TO DO sued for and recovered in any
court of le United States OF amy State of com.
SEC. And be 1t further enacted, That in case the
said companies shal fail to compy with the terms
thereto as provided in section six Of tnis act
or by mot co npie,ing the same as provided in said
section this act shall he null and void, and all tine
lands not conve. ed by patent TO said company or
compan es, as the case may be, at the date OF any
in the said road and telegraph line shall not be
kept in repair aud ht for after the same shall
put the sams in repair and use and may direct the
income OF said road and tel graph line to be there
ndtures caused by the defsui and neglect Of said
companies. or either OF them, the ~ be,
value 20 Of S he lands granted By tS: act act eAsns 'e
. Sac o. and be II further enacted. That the said
the said Oregon Conpany'' shall be governed By
the provisions Of the general raro.d snd telegraph
oa and man ss%sns o hs aid raroaS IL as SnS ee
graph line hereinbefore authorized in all matters
not proylssd fer IN TINS act wherever the word
shall be construed 70 eRibrace the words their asso
stss saeesssor. and assigns The same as il ths
SEC. ~ And be 1t further snaeted. That all min;
era land; snail bs ekceptsd from the OPERATION q
70 much Of the timber there as shal be required
70 SAID road over such mineral land IL here
by granted to said companies: Provided, That the
T. rm minera lands shall not include lands contain
ing al and iron.
SEC. II. And be It further enacted That the
said companies named In this act shall obtain the
OF ths iegis OF their respective States
be ed by the statutory regu thereof
in all matters pertaining TO the right Of way
pass uyer or through the pabhe lands Of the United
states.
SEC. L. And be IL farther enacted That Congress
at sny time nay ng due regard for the rights OF
said Caif rn,a and Oregon rairesa companies, add
10, after, anaeni repeal this act
Approved July 3. ls6a