New Orleans Republican., 1871-09-19

lne, and the right, power and authority
, hereby given to said company to take, fro
the public lands adjacent to the line Of sal
road, earth. stone, timber and other mat
rails for the construction thereof Sal
right Of way is granted to said company /
the extent Of two hundred feet in width o
each side Of said railroad where it may pas
over the public lands; and there is ais
hereby granted to said company ground
for stations, buildings, workshops, wharvel
switches, side-tracks, turntables, water
stations. and such other structures as ma
be necessary for said railroad, not exceed
ing forty acres of land at any one point.
SEC. 9. That for the purpose OF aiding il
the construction of the railroad and tele
graph line herein provided for. there i
hereby granted to the said Texas Pacifi
assigns. every alternate section of public
land, not mineral, designated by ode
numbers, to the amount of twenty
alternate sections per mile, on eacf
side of said railroad line, as such line may
be adopted by said company, through the
| Territories OF the United States, and ten
alternate sections of land per mile on each
side of said railroad in California. where
the same shall not have not hare been sold
| reserved. or otherwise disposed Of by the
/ United States, and to which pre-emption
or homestead claim may not have attached
| at the time the line of said road is definitely
fixed. In case any of said lands shall have
been sold, reserved, occupied. or pre-
empted, or otherwise disposed of, other
lands shall be selected in lieu thereof by
said company, under the direction of the
Secretary of the Interior, in alternate sec
tons. and designated by odd numbers, not
more than ten miles beyond the limits OF
said alternate sections first above named
and not including the reserved numbers
1t, in the too near approach OF the SAID rail
road line to the boundary OF Mexico the
number OF sections of land to which the
company is entitled can not be selected i'm
mediately on the line of said railroad. or in
lieu OF mineral lands excluded from this
grant. like quantity of unoccupied and
unappropriated agricultural lands, i'll odd
numbered sections nearest the line of said
railroad may be selected as above provided;
and the word mineral" where it occurs in
this act. shall not be held to include iron or
coal: Provided, however That no public
lands are hereby granted within the State
OF California further than twenty miles on
each side Of said road. except ito make UP
deficiencies as aforesaid, and then not to
exceed twenty miles from the lands origin
ally granted. The term "ship's channel
as used in this bill, shall not be construed
as conveying any greater right to said
company to the water front at San Diego
bay than it may acquire by gift, grant, pur-
chase or otherwise, except the right of way,
as herein granted; and provided further.
that all such lands, so granted by this
section to said company, which shall not he
sold or otherwise disposed of, as provided
in this act. within three years after the
completion of the entire road, shall be sub
iect to settlement and preemption like
other lands, at price to be fixed by and
IN v,n<A
average of two dollars and fifty cents per
acre for all the lands herein granted
SEC. 10. That when the route of said rail |
road and telegraph line shall pass through |
the lands OF private persons. or where it |
may be necessary for said railroad company |
70 take any lands belonging to private per-
sons for any OF the purposes herein men
Toned necessary to said road, such right of |
way through or title to such lands shall he
occurred in accordance with the laws of the
State or Territory in which they may be
situated.
Sec. IL. That the Texas Pacific Railroad
Company shall have power and authority
o issue two kinds Of bonds. secured by
mortgage. namely: first. construction bonds;
ecOnd land bonds. Construction bonds
hall be secured by mortgage, first. on all
Y any portion Of the franchises. road-bed
r track of said railroad, and all the appur-
enances thereto belonging. when con-
tructed or in the course OF construction,
rom point at or near Marshall. to ships
hannel, in the bay Of San Diego. in the
onds shall be secured by mortgage. first.
n all or any portion of the lands hereby
ranted IN aid of the construction of said
abroad as is provided for in this act:
econd, on lands acquired by any arrange
rent or purchase or terms of consolidation
lth any railroad company or companies to
hon grants OF lands may have been made
may hereafter be made by any congress
onal, State or territorial authority or who
ay nave purchased the same previous to
ny such arrangement or consolidation:
rovided, that all the mortgages made and I
lecuted by said railroad company shall be {
ed and recorded in the Department of the
!terior. which shall be sufficient evidence
their legal execution, and shall confer all {
e rights and property OF said COM
my, as therein expressed; and pro- :
ded also, that the proceeds of
e sales OF the aforesaid construction I
ID land bonds shall be applied only in the c
Instruction, operation, and equipment of $
e contemplated railroad line: And pro- /
ded further. That said mortgage shall in a
wise impair or affect any lien existing I
the property of said company or com, I
MES at OF before the time of such consoli- d
ton. i;
SEC. II. That whenever the said com. a
ny shall complete the first and each sue -
edlng section OF twenty consecutive miles =,
said railroad and put it in running order =
a tirst-class road in all its appointments. =
shall be the duty Of the Secretary of the !:
terror to cause patents to be issued con-
wing to sad company the number of sec :.
ms OF land opposite to and cOterminous n, ~
NJ.fn rnnx Il u. L.
emitted Tor each section SO completed, =,
ID company, within two years after the ~ ~
,sage OF this act, shall designate the gen u u
i route OF its said road, as near as NAV AZ
and shall file map of the same in the "a
partment of the Interior; and when tke Ut
p is so filed, the Secretary of the In. ri
lor, Immediately thereafter, shall cause 10
lands within forty miles on each side :" .,
SAID designated route within the Terri !,
es' and twenty miles within the State OF .,a t,l
lfornia. to be withdrawn from pre- irI nI
,tion, private entry, and sale; Provided. II
'ever, That the provisions of the !,ll y,
OF September, eighteen hundred n In
forty-one, granting pre-emp;ion or
ITS, and the acts amendatory there
and of the act entitled IAN Act
ecure homesteads to actual settlers on
pubic domain" approved May twenty. IA
lteen hundred and sixty-two, and the
H"iiients thefetO, shall he, and the same n
mere by extended to all other lands of the ne
ted States on the line of said road when az az
eyed, except those hereby granted to Ut. I
company. lo'
&c. lj; That the president of the com La
Shall annually. by the first day of July, ac,
e report and file it with the Secretary !
he Interior, which report shall be under oti
!, exhibiting the financial s;t,a+;n, ot eig
company, the amount of money received cor
expended. and the number of miles ot auf
constructed each year; and further the
names and residences of tha ataa,l flee
ers, of the directors, and of all Other DO