The Portland daily press., 1871-08-25
i A w =
OF lHE
UNITE & ST A1ES.
PASSED AT TIE
THIRD SESSION OF THE FORTY FIRST
CONGRESS-.

10 :; onocted I'm the Senate and House o. hfP,e
Semt'DeS OF ne UNITED StdteS q fremont James l..
Acorn c. NJ. Dodge, o. c. French, H., oi Harley G &
We'll, } Noah \ c Osborne h II Corse, George
Wentworth, Philip IL Morgan, KIN PaI " NJ.
shal Roberts James HTn sres Fl Liyermore 10
nan5 "A onlesby John Whytock, Diullel Drew, Il
Davis orton, I, ,iaUsaIe Wiilia,o "A SCOT
pa, ~ a. Parsons, Deos W Emmons NJ South
Worth, John ii Hall, q Kinney, W Clark James
nort II Jacobs l. 4 Smith, W + Dole G A Weed
p X Stafford, IL Mccullough, Charles Jackson
Elisha Dyer. Alfred Anthony, James Hoy, Nj "
benjamin II Il d Cooke Joseph r West, W Hunt
NJ Woodruff, Hiram Price, NJ Hunter w I Wal
tiers, d Brownlow, Il Morris, Owen fuller j Ii
Ledlie. X Nj Bishop, samuel Craighead ID San
ton, Augustus ii Whiting, & l. Johnston. j "
Goodland, Powell Clayton, Samuel Tate, " bolton,
IL Robinson, George Nancy, o II Bynum, NJ Burns,
ney } Lockwood, L NJ Davis, Patton, W Fanni-
gan, O'Bren, & Buel, G II Gliding j j New
ell, r Rice, NJ Shoemaker, Samuel Sloan, S W
morton, bowman, l. NJ FlOurnoy, j Hinds,
q X Weeks, J Ludling, b G Gilbert Is ID Williams,
Thomas Olcott q A Fosdck, Harry Hayes, Z S
Forbes, John Sprague, l. II Marsh, A Beck
with, { Stanton Cyrus IL Baldwin, A j Hamilton,
RUSH X Sloan, oiias Colgrove, Samuel ID Jones,
ChaVes, Augustus koumtze, John Goodwin viii
liam Rosocrans, Michael Hahn, III Yarmouth,
Williams, q NJ Spencer, l. j Highly, w KIM
ball, and all such persons as shall OF may be asso-
ciated with them, and their successors are hereby
created "a body polite and corporate in TACT and III
cifc Railroad Company, and by that name shall have
perpetual succession, and shall be able to and be
sued peai and be impleaded defend and be defended
in all courts OF law anu equity within the United
States and may make and use Il common seal; an,
the SAID corporation is hereby authorized and en-
powered to lay out, locate construct, furnish, main
tain, and enjoy continuous railroad and telegraph
line, with the appurtenances. from II point at OF
Marshall, county OF Harrison, State OF Texas;
thence by the most direct and eligible route, to be
determined by said company, near the thirty second
parallel north latitude, point at nearEl Paso
Inv he mos n
lected by said company through New Mexico andAri
IONA, point the Rio Colorado, at or near the
southeastern boundary Of the State OF California;
thence by the most direct and eligible route to San
Diego, California, to ships channel, in the bay OF
San Diego i'll the State OF California, pursuing IN
the location thereof, near may be, the thirty
second pareel OF north latitude and is hereby vest
ed with all the powers, privileges, and immunities
necessary to carry into effect the purposes OF tins
Seq That the persons named in the first
ton Of this act shall constitute board OF commits
soners, twenty OF whom shall constitute quorum
tor the transaction Of business to be known as the
Texas Pacific Railroad commissioners who shall
meet in the city of Ney cork within ninety days
after the passage Of this act, at time TO be desg
mated i'll notice to be signed by the person first
named in the list of corporators and six OF his
cateS, and to be published for two weeks ill., at least
one daily newspaper i'll New York, New Orleans,
and " ashington; and when so met, they may cause
books to be opened for the subscription of the CAPT
tai stock Of said company, and when twenty thou
sand shares amounting to two millions of dollars.
shall have been subscribed, and ten per centum
ually paid thereon in money to the treasurer to be
elected by said commissioners who shall give bona
for its safe keeping and payment to the treasurer
the company when organized, then it shall be lawful
for such subscribers or stockholders, majority
thereof, to organize said company in accordance with
the provisions of this act and to elect less than
seven, more than seventeen directors, majority
of whom shall be necessary the transaction OF
business and who shall hold their offices for one yeaI
ami until their shall be elected and quail
flied; and the said directors shall Immediately pro-
coed to elect president vice-president, secretary
and treasurer the president ana vicepresdent shall
be directors At all elections Tor directors, each
share of stock shall be entitled to vote, which
NAV be given py the holders in person. or by proxy
who shall also be shareholder. The directors shall
hold their offices for any term not exceeding alree
years. as may be provided in the bylaws; and the
annual meetings OF stockholders shall take place as
provided for i'll said bylaws.
SEC 3. That the capital stock of the Texas Pa
ciiic Railroad Company shall be fixed by the board
of directors, at sum not exceeding fifty millions
of dollars, in shares Of one hundred dollars;
when the amount is so fixed, it shall never be in
creased except by consent OF Congress. Assess
ments upon said stock shall only be made by ma
jorfty vote OF the whole number of directors at a
regular meeting which said assessments shall be
paid at the expiration of thirty days after a notice
given in one newspaper in each of the cities OF
Washington, Philadelphia, New York, and New
Orleans.
SEC 4. That the said Texas Pacific Railroad Com
pany shall have power and lawful authority pur-
chase the stock, land grants franchises and appur-
tenances of, and consolidate on such terms may
be agreed upon between the parties, with any rail-
road company or companies heretofore chartered by
congressional, state or territorial authority, on the
route prescribed in the first section of this act; but
such consolidation shall be with mpettn9
through line OF railroads to the Pacific Ocean.
SEC. 3. That the said company shall have power
and authority to make running arrangements with
any railroad company companies heretofore char
tered, that may hereafter be chartered by con-
gressiona State or territorial authority also pur
chase lands accept donations or grant of lands
other property, from States Individuals for the
purpose OF aiding and carrying out the object of this
company
SEC g. That the rights, lands, land grants, fran
chises, privileges, and appurenances and property
of every description belonging to each of the
solidated or purchased railroad company compa-
MES, as herein provided, shall vest in and become
absolutely the property Of the Texas Pacific Railroad
Company: Procided, That in all contracts made and
entered INTO by SAID company with any and all other
railroad company companies, to perfect such aore
said constellation or purchase, the Indebtedness or
other legal Obligations OF sad company or companies
shall be assumed by the said Texas Pacific Railroad
Company may be agreed upon, and no such
solidation purchase shall impair any lien which
may exist on any of the railroads consolidated
purchased; but said company shall not assume the
debts or obligations of any company with which it
may consolidate or purchase aforesaid, to an
amount greater than the cash value of the assets
ceived from the same.
SEC. 7. That the said Texas Pacific Railroad Com
pany shall have power to make and enforce rules
and bylaws for the election of its officers and the
government and management of the business of the
company, and to do and perform all needfu and
proper things to be done and performed to promote
the objects of the company hereby Incorporated not
inconsistent with the laws Of the United States and
the provisions of this charter.
SEC s. That the right of way through the public
lands be- and the same is hereby granted 10 tle said
company for the construction of the said railroad
and telegraph line, and the right power and author
ity hereby given to said company, to take from the
public lands adjacent to the line of said road earth
stone, timber, and other materials for the consruc
ton thereof Said right OF way is 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 work
shops, wharves, switches, slde-racks turntables
water-stations, and such other structures may be
necessary for said railroad, not exceeding forty
of land at any one point,
SEC 9. That for the purpose of aiding in the con-
structlon of the railroad and telegraph line herein
provided for there hereby granted to the said Tex
as Pacnc Railroad Company, its SUCCESSORS and as
signs, every alternate section of public land, not
mineral designated by odd numbers to the amount
OF twenty alternate sections per mile, each side
of said railroad line such line may be adopted by
said company, through the Territories OF the United
Staes and ten alternate sections of land per mile on
each side of said railroad in California, where the
same shall not have been sold, reserved, or other
wise disposed of by the United States and to which
presumption or homestead claim may not have at
tched at the time the line of said road is definitely
liked In case any Of said lands shall have been sold
reserved, occupied or pre-emped, otherwise dis
posed Of other lands shall be selected in lieu thereof
by said company, under the direction of the Secre
tary OF the INTERIOR in alternate sections and desg
mated by odd numbers, mott than ten miles be-
You'd the limits of said alternate sections first above
named, and not including the reserved numbers If
IN the too near approach of the said railroad line TO
the boundary of Mexico, the number of sections of
land to which the company is entitled be Sc
ected Immediately on the line Of said railroad or in
ieu OF miseral lands excluded from this grant, a L
IKE quantity of unoccupied and unappropriated az
ural JANUS IN oud numbered sections nearest
tle me OF sad railroad may be selected as above
provided; and the word mineral" where il occurs |
N TINS act shall not be held to include iron or coal:
roTotaed, h0Wereg That no public lands are hereby
granted within the State of California further ths9
twenty miles on each side of said road except 70 |
make up the deficiencies aforesaid aud then moi
70 exceed twenty miles from the lands originate |
granted The term "ships channel as used In tLis
BILL shall not be construed as CONVEYING any oraatar
IiSht 10 sald company to the Waterfront of Sau |
DleSc pay IMAM 1t may acquire by gift grant mar |
ehase or otherwise, except the right of way as here
i gi'te9 ara proDtded FURTHER, That all such
iahuS 50 granted by this section TO said company
Whoh snail not be sold, or otherwise disposed OF as
PROVIDED IN this act, within three years after the
completion OF the entire road shall be subject TO |
settlement and presumption like other lands at a /
price to be fixed by aud paid to said eomnany no, |
exceeding an average of two dollars and fftv cents
per acre Tor All the lands herein granted. |
pc, ~. mat when the route of Said railroad and |
elegph me sall pass through the lands OF pYiyote
persons, or where it may be necessary tor s.fd ra
foaa company to take any lands belonging TO nrivate
lsons ior ohy OF the PURPOSES herein mentioned
title TO such lands shall be Secured in OF
with the laws OF the State or Territory in wbic t
may be situated " "0h tley
oE ii - Ihot. the Texas Pacific Railroad Comma
3y ' nav power and authority to issue two kinds
Strno. secured by mortgage, namely: First CON
,Ion bonds; second, land bonds. Construction
,onds shall be secured by mortgage, first on all or Il
any portion of the franchises, bed, or track of
said railroad and all the appurtenances thereto be-
longing, when constructed or i'll the of con-
struchon from point at or near Marshall to ships
channel, IN the bay of San Diego, in the State of
Sallora as aforesaid. Land bonds shall be secured
py mortgage rst, on all portion of the lands
hereby granted in aid of the construction Of sniJ |
railroad as Is provided for i'll this act secnni on |
Janus acquired by any arrangement or pnrcbase or |
nonv or comnanias IN with any railroad com
may have been made or NAV bor VI JANUS |
made Dy any congressional, State or Territorial |