New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-03

right oil way rs granted to said company to
the extent of two hundred feet in width on
each side of said railroad where it may pass
over the public lands; and there is also
hereby granted to said company grounds
for stations, buildings, workshops, wharves,
switches, side-tracks, turntables, water
stations, and such other structures as may
be necessary for said railroad, not exceed
ing forty acres of land at any one point.
SEC. 9. That for the purpose of aiding in
the construction of the railroad and tele-
graph line herein provided for. there is
Hereby granted to the said Texas Pacific
Railroad Company, its successors and
assigns, every alternate section 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 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 a presumption
or homestead claim may not have attached
at tie 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
Hands 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 inn
mediately on the line of said railroad, or in
lieu of mineral lands excluded from this
grant, a like quantity of unoccupled and
unappropriated agricultural lands, in 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, y
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 be
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 presumption like
other lands, at a price to be liked by and
paid to said company, MOI exceeding an
average of two dollars and fifty cents pei
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 II
1 may be necessary for said railroad company
| 4. - IL, Lol,--,pr 70 n,i-a ! non
sons for any of the purposes herein men
toned necessary to said road, such right OF
way through or title to such lands shall be
secured 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
to issue two kinds of bonds, secured by
mortgage, namely: first, construction bonds
second, land bonds. Construction bond:
shall be secured by mortgag e, first, on al
or any portion of the franchises, road-beG
or track of said railroad, and ali the appur
tenances thereto belonging, when con
structed or in the course of construction
from a point at or near Marshall, to ships
channel, in the bay of San Diego, in the
State Of California, as aforesaid. LAND
bonds shall be secured by mortgage, first
on all or any portion OF the lands hereby
2TdlUcu III dll VI IuC ouo uCtNoA " Sun
railroad as is provided for in this act
second, on lands acquired by any arrange
ment or purchase or terms of consolidation
with any railroad company or companies Il
whom grants of lands may have been made
or may hereafter be made by any congress
sional, State or territorial authority, or wh'
may have purchased the same previous tt
any such arrangement or consolidation
provided. that all the mortgages made anC
executed by said railroad company shall b
filed and recorded in the Department of the
Interior, which shall be a sdfficient evidence
of their legal execution, and shall confer al
the rights and property of said com
pany as therein expressed; and pro
vided also, that the proceeds o
the sales of the aforesaid constructor
and land bonds shall be applied only IN the
constructor. operation, and equipment o.
the contemplated railroad line; And pro
vided further, That said mortgage shall il
no wise impair or affect any lien existing
on the property of said company or com
panies at or before the time OF such con5oll
dalton.
SEC. u. That whenever the said com
pany shall complete the first and each sue
ceeding section of twenty consecutive mile
of said railroad and put it in running Orde,
as a frst-class road in all its appointments
it shall be the duty of the Secretary of thu
Interior to cause patents to be issued con
veying to SAID company the number OF sec
tons of and opposite to and cotermlnou
with said completed road to which it shall
be entitled for each section so completed
Said company, within two years after tn
passage of this act, shall designate the gen
eral route of its said road, as near as ma.
be, and shall file a map of the same in tn
Department of the Interior; and when thu
map is so filed, the Secretary of the In
terror, Immediately thereafter, shall caus'
the lands within forty miles on each sid
of said designated route within the Terri
tories, and twenty miles within the State o
California. to be withdrawn from pre-
emption, private entry, and sale; Provided
however, That the provisions of tn
act of September, eighteen hundre'
:. and forty-one, granting pre-emptiol
rights, and the acts ~amendatory there
of. and of the act entitled IAN Ac
to secure homesteads to actual settlers OF
the public domain" approved May twenty
eighteen hundred and sixty-two. and til
amendments thereto, shall be, and the sam
are hereby, extended to all other lands OF tn
United States on the line of. said road whe
surveyed, except those hereby granted t
said company.
SEC. Is. That the president of the con
many shall annually, by the first day OF july
make a report and file 1t with the S~ecretar
of the Interior, which report shall be unde
/, oath. exhibiting the financial situation c
the company, the amount OF money receive
and expended, and the number OF miles {
road constructed each year; and 1ufthe,
the names and residences OF the stocI
holders, of the directors, and OF all otht
) officers of the company, the amount OF stoc
: subscribed, and the amount thereof actuall
| paid in, a description of the lines OF roa
, surveyed and fixed upon for construction
the amount received from passengers an