New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-25
O Fiji q Z A L.
LAWS OF THE UNITED STATES,
Paced at the Second Session Of the Forty
First Congress.
TPUBLIC-No. 43.1

First Congress.
IPUBLIc-No. 43.
AN ACT granting lands to aid in the con-
struction of a railroad and telegraph
line from Portland to Astoria and Nc
Ninville, in the State Of Oregon.
Be it enacted by the Senate and House
of Representatives of the United States OF
America in Congress assembled, That Tor
the purpose of aiding in the construction
of a railroad and telegraph line from Port
land to Astoria, and from suitable point
of junction near Forest Grove TO the YAM
xiii river. near McMihville in the State of
Oregon. there,is hereby granted to the
Oregon Central Railroad Company, now
engaged in constructing the said road and
to their successors and assigns, the right
of way through the public lands of the
width of one hundred feet on each side of
said road, and the right to take from the
adjacent public lands materials for con-
stIuctiug said road, and also the necessary
lands for depots. stations, side tracks,
and other needful uses in operating the
road, not exceeding forty acres at any
one place; and, also, each alternate sec
ton of the public lands, not mineral, ex-
cepting coal or iron lands, designated by
odd numbers nearest to said road, to
the amount of ten such alternate sections
DER mile, on each side thereof, not other
wise DISPOSED of or reserved or held by
valid pre-emption or homestead right at
the time of the passage of this act. And
in case the quantity OF ten full sections
per mile can not be found on each side of
@lo of fyua
miles, other lands designated as aforesaid
shall be selected, under the direction OF
the Secretary of the Interior, on either
eide of any part of said road nearest to
and not more than twenty-five miles from
the track of said road to make up such de-
ficiency.
SEC. 2. And be 1t further enacted, That
the Commissioner OF the General Land
Office shall cause the lands along the line
of the said railroad to be surveyed with
all convenient speed. And whenever and
as often as the said company shall file
with the Secretary Of the Interior maps Of
the survey and location of twenty or more
miles of said road, the said Secretary shall
cause the said granted lands adjacent to
and cOterminous with such located Sec
tons of road to be segregated from the
public lands; and thereafter the remain
ing public lands, subject 10 sale within
the limits OF the said grant, shall be dis
posed Of only to actual settlers at double
the minimum price of such lands. And
provided also, That settlers under the
provisions of the homestead act who
comply with the terms and requirements
of said act, shall be lied, within the
said limits of twenty miles, to patents
for an amount not exceeding eighty acres
each of the said ungranted lands, any
thing in this act to the contrary notwith-
standing.
Sec. 8. And be it further enacted, That
whenever and as often as the said COM
pany shall complete and equip twenty or
more consecutive miles of the said rdilroad
and telegraph, the Secrei larry OF the Interior
shall cause the same to be examined, at
the expense of the company, by three
appointed by him; and If
they shall report that such completed Sec
ton is frst-class raj road and telegraph,
equipped and ready for use, be
shall cause patents to be issued to the
for so much. of the said granted
lands as shall be adjacent to and coter.
minous with the said completed [com-
pleted sections.
Sec 4. Aud be it further enacted, That
the said alternate sections of land granted
by this act, excepting only such
as are necessary for the COM
pany to reserve for depots, stations,
side tracks, wood yards, standing
ground, and other needful uses in opera
ling the road, shall be sold by the COM
pany only to actual settlers, in quantities
not exceeding one hundred and sixty
acres or quarter section to any one
settler, and at prices not exceeding two
dollars and fifty cents per acre.
Sec. 5. And be it further enacted, That
The said company shall, by mortgage or
deed of trust to two or more trustees, ap-
propriate and set apart all the net pro-
,eeds OF the sales of the said granted lands,
Is q sinking fund, to be kept invested in
he bonds of the United States, or other
,afe and more productive securities, for
he purchase from time 10 time, and the
redemption at maturity, of the first mort
gage construction bonds of the company,
,n the road, depots. stations, side tracks,
and wood yards, not exceeding thirty
dollars per mile of road, pay
able in gold coin not longer than thirty |
years from date, with interest pay
able semi-annually in coin not exceeding |
The [ratel of seven per centum per annum;
and no part of the principal or interest of |
The said fund shall be applied to any other |
use until all the said bonds shall have |
been purchased or redeemed and can
,elled; and each of the said first mortg-
sge bonds shall bear the certif-
,ate of the trustees, setting forth
he manner in which the same is secured |
md its payment provided for. And the
district court of the United States, con-
with the State courts, shall have
original jurisdiction, subject to appeal and |
writ Of error, to enforce the provisions of
his section.
Sec. 6. And be it further enacted, That |
he said company shall file with the Secre-
AIRY of the Interior.its assent to this act |
within one year from the time of its pas
,age; and the foregoing grant is upon con-
1itiOn that said company shall COM
,lete section Of twenty or more miles |
If said railroad and telegraph within two |
years, and the entire railroad and tele-
,raph within six years from the same date. |
Approved, May f. 1870.
[PUBLrc-No. A.