The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-02-28
IoFFICIAL.
LAWS on THE UNITED STATES,
Passed at the First Session Of the Thirty Ninth
Congress. n 49,.

Passed at the Fsrst Session Of the Thirty Ninth
/ Congress. q@
| CHAP. CCXLI--AN ACT granting Lands to
/ the State OF Kansas to aid in the construction
/ of the Kansas and Neosho Valley Railroad
/ and its Extension to Red River. ffH l
| Be it enacted by the Senate and House Of
/ Representatives of the United States of America
aiding The Kansss ana Neosho Valley Railroad
i Company the same being a corporation organ.
lied under the laws Of the State of Kansas, e
construct and operate railroad from the east
ern terminous Of the Union Pacific Railroad
eastern division, at the line between Kansas
| and Missouri, at or near the mouth of Kansas
/ River, on the south side thereof, southwardly
| through the eastern tier Of counties in Kansas,
+! with view Of its extension, SO as to effect q
| junction at Red River with a railroad now be-
| ing constructed from Galveston to Red River
/ at or near Preston, in Texas, there Is hereby
| granted to the State of Kansas, for the use and
benefit of said railroad company, every alter
nate section of land or parts thereof, designated
| bv odd numbers, to the extent of ten sections
per mile on each side of said road, to be selected
/ within twenty miles Ofronl [Of the line Of said
road; but i'm case it shall appear that the
| United States have, when the line of said road
1 is definitely located, sold any section, or any
| part thereof, granted as aforesaid, or that the
right of pre-emption or homestead settlement
/ has attached to the same. or that the same has
/ been reserved by the United States for any pur-
1 pose whatever, then it shall be the duty of the
Secretary of the Interior to cause to be selected
| for the purposes aforesaid, from the public
4 lands of the United States nearest to the sec
| lions above specified, so much land as shall be
| equal to the amount of such lands as the United
States have sold, reserved, or otherwise apIro-
| priated, or to which the right of homestead
settlement or presumption has attached as afore-
/ said, which lands, thus indicated by the direc-
1 ton of the Secretary of fhe Interior, shall be
/ reserved and held for the State Of Kansas for
the use of said company by the said Secretary
| for the purpose of the construction and opera
/ ton of said railroad, as provided by this act
/ Provided, That any and all lands heretofore
reserved to the United States by any act of
/ Congress, or in any other manner by compe-
tent authority, for the purpose of aiding in any
| object of internal Improvement or other pur-
| pose whatever, be, and the same are hereby,
! reserved and excepted from the operation OF
| this act, except SO far as 1t may be found me-
eessary to locate the route of said road through
| such reserved lands, in which case the right of
| way two hundred feet in width is hereby
granted, subject to the approval of the Presl-
| dent of the United States: And provided, fur
/ ther, That none Of the lands hereby granted
i shall be selected beyond twenty miles from the
| said road.
| Sec. 3. And be it further enacted, That the
/ sections and parts of sections of land which by
the aforesaid grant shall remain in the United
1
road. shall not be sold for less than double the
minimum price Of public lands when sold, nor
shall any of said lands become subject to sale
at private entry until the same shall have been
4 first offered at public sale to the highest bidder
i at or above the minimum price aforesaid: Pro-
/ yided. That actual bona file settlers under the
pre-emption laws of the United States may,
| after due proof of SCI Element, Improvement,
and occupation, as now provided py law, pur'
/ chase the same at the price liked 1or SAID lands
L loAo - a,,oho ont inlnr0Vnm1nt
| and occupation: And provided also, That set
| tiers under the provisions Of the homestead
act who make their settlement after the pas
| sage of this act, and comply with the terms
and requirements OF SAID act, snall De entlt c.l,
/ within the said limits of ten miles, to patents
/ for an amount not exceeding eighty acres
| each. z..f-r,- t-sa . -.
| Sec. g. And be it further enacted, That the
grant of lands hereby made is upon condition
that said company, after the construction OF It's
| road, shall keep it in repair and use, and that
i Tit will at all times be in readiness TO trans.
i bort troops, munitions of war, supplies, and
public stores upon its road for the government,
] when required to do so by any departmenI!
4 thereof at the cost charge, and expense of said
company. And the lands hereby granted, held,
| and reserved as aforesaid, shall lnure to the
! benefit of said company, as follows: When the
| governor of the State of Kansas shall certlfy
! that any section of ten consecutive miles OF
j said road is completed in good, substantlai
4 and wurkulariike manner hrst-class rail-
i road. then the said Secretary Of the Interior
I shall issue to the said company patents for 60
! many sections of the land within the limits
/ above named as are cotcrminous with said COM
I pleted section hereinbefore granted: and when
i certificates of the governor aforesaid shall be
i presented to said Secretary, of the completion
i as aforesaid, of each successive section OF ten
consecutive miles of said road, the said Score
( tary shall in like manner Issue to said company
patents for the land for each of said sections Of
4 road as in the first instance, until said road
shall be completed: Provided, That II said
road is not completed within ten years iT9m ane
] made, the lands remaining unpatented shall re-
1 vert to the United States: And provided FUR
| Their, That the said lands shall not, In any
manner, be disposed of or incumbered by said
j company or its assigns, except as the same are
patented under the provisions of this act
/ ) Sec. A. And be it further enacted, That as
i soon as said company shall file with the Score
tary ef the Interior maps Of its line sdeslgnat.
ing the route thereof, it shall be the duty OF
the said Secretary to withdraw from the mar
| ket the lands granted by this act, in such man.
ner as may be best calculated to effect the pur-
poses of this act and subserye the pubic IN
1 terest. =,
| See. B. And be it further enacted, That the
/ United States mail shall be transported on
| said road and its extension, under the dlrec-
i tion of the Post Office Department, at such
price as Congress may by law provide; FRO
| Yided, That until such price is fixed by law
/ the Postmaster-G General shall nave power 10 nN
/ the compensation. .t5e4+4
/ Sec. 6. And De it further enacted, That the
right of way through the public lands be, and
| the same is hereby, granted to said Kansas and
/ Neosho Valley. Railroad Company, It's sue
cessors and assigns, for the construction OF
j railroad as proposed; and the right is hereby
given 20 said corporation to take from the pup
lie lands adjacent to the line of said road mate
rial for the construction thereof Said way Il
i granted to said railroad to the extent OF one
II {..x III nap