New Orleans Republican., 1871-08-16
LAWS OF THE UNITED STATES.
Passed at the Third Session of the Forty.
First Congress.

RaSSeQ
First Congress.
AN ACT to incorporate the Texas Pacific
Railroad Company, and to aid in the con-
struction of its Road, and for other pur-
poses.
Be ic enacted by the Senate and House OF
Representatives of the United States OF
America in Congress assembled, That John
c. Fremont, James L. Alcorn, g. M. Dodge,
O. C. French, John d. Caldwell, j. j. Noah, "A.
C. Osborne, Timothy Hurley, G. G. Pool,
Silas n Martin, John M. Corse, George 4.
Wentworth, Philip III. Morgan, j.; u; Cam
eron, Marshal o. Roberts, James L. Hodges,
John Ray, W. vermilye, Enoch 1. Fancher'
Charles +. Livermore, Joseph III. Oglesby,
John Whytock, Daniel Drew, +. S. Davis,
W. Orton, A. G.. Babcock, Thomas A. Scott,
Samuel d. Hoffman, H. Ramsdale, William
II. jackson, r. C. Parsons, Delos w. En-
MONS M. A. Southworth, John III. Hall, G.
c. Kinney, w. P. Clark, James Dart H.
Jacobs. l.. T. Smith w. p. Dole, c. A. Weed,
A. p. X. Stafford, H. Mccullough, Charles
jackson, Elisha Dyer, Alfred Anthony,
Joseph r. West, w. S. Huntington, j. M.
Tebbetts, C. G. Leondridge, d. ID. Porter,
M. Woodruff, Hiram Price, NJ. c. Hunter,
w. T. Walters, j. B. Brownlow, T. A. Nor
ris. Owen Tuller, j. III. Ledlie, r. NJ. Bishop,
Samuel Craighead, ID. n. Stanton, Au-
gustus Fl. Whiting, G. L. Johnston. j. w.
Goodland, Powell Clayton, Samuel Tate,
W; Bolton, II. Robinson, George Nancy,
o. II. Bynum, NJ. Burns, j. C. Good
loe, E. G. Barney Cyrus Bussey, j. w.
Forney, j. Lockwood, E. M. Davis, N Pat
ton, W. Flanagan, G.. O'Brien, G. P. Buel,
G.. H. Gidding, J. j. Newell, E. w. Rice, r.
NJ Shoemaker Samuel Sloan, S. w. Morton,
j. B. Bowman, l.. NJ. Flournoy, j. j. Hinds
G. r. Weeks, j. I. Ludeling, B. c. Gilbert,
B. D. Williams Thomas Olcott, G. A. Fos-
dick, Harry Hays, p. S. Forbes. John T.
Sprague, l.. Il. Marsh, A. W. Beckwith, j.
c. Stanton, Cyrus III. Baldwin, A. j. Hamil-
ton, Rush K. Sloan, Silas C. Colgrove, Sam
uel d. Jones, N. III. Decker, William N.
Leet, f. E. Allen, j. B. Chaves, Augustus
Kountze, John n. Goodwin, William S.
Rosecrans, Michael Hahn, III. C. Warmoth,
j. S. Williams, G. M. Spencer, L. j. Highly,
w. C. Kimball, and all such persons as shall
or may be associated with them, and their
successors, are hereby created a body poll
tic and corporate in fact and in law, by the
name, style, and title of the Texas Pacific
Railroad Company, and by that name shall
have perpetual succession, and shall be able
TO sue and be sued, plead and be impleaded,
defend and be defended, in all courts of
law and equity within the United States,
and may make and use a common seal; and
the said corporation is hereby author
lied and empowered to lay out,
locate, construct, furnish, maintain,
and enjoy continuous railroad and tele-
graph line, with the appurtenances from a
point at or near Marshall, county of Har-
rison, State of Texas; thence by the most
direct and eligible route, to be determined
by said company, near the thirty-second
parallel of north latitude, to a point at or
near Ell Paso; thence by the most direct
and eligible route, to be selected by said
company, through New Mexico and Ari-
zona, to point on 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, Cali
fornia, to ships channel, in the bay of San
Diego, in the State of California, pursuing
in the location thereof as near as may be,
the thirty-second parallel of north latitude,
and is hereby vested with all the powers,
privileges and immunities necessary to carry
into effect the pur [pol ses of this act.
SEC. 2. That the persons named in the
first section of this act shall constitute a
board of commissioners twenty of whom
shall constitute a quorum for the tTansac-
ton of business), to be known as the Texas
Pacific Railroad Commissioners, who shall
meet in the city of New York within ninety
days after the passage of this act, at a time
to be designated i'll notice to be signed
by the person first named in the list of
eorpOrators and six of his associates, and to
be published for two weeks in, at least. one
daily paper in New York, New Orleans and
Washington; and, when so met, they may
cause books to be opened for the subserip-
ton of the capital stock of said company,
and when twenty thousand shares, amount
ing to two millions of dollars, shall have
been subscribed, and ten per centum
actually paid thereon, in money, to the
treasurer, to be elected by said commis-
sioners, who shall give bond for its safe
keeping and payment to the treasurer of
the company when organized, then it shall
be lawful for such subscribers or stock
holders, or IA majority thereof, to organize
said company in accordance with the pro-
visions of this act, and to elect not less
than seven, nor more than seventeen direc-
tors, a majority of whom shall be necessary
to the transaction of business, and who
shall hold their offices for one year and
until their successors shall be elected and
qualified; and the said directors shall imme-
diately proceed to elect president, vice
president, secretary and treasurer; the pres
ident and vice president shall be directors.
At all elections for directors each share of
stock shall be entitled to one vote, which
may be given by the holders in person. or by
proxy, who shall also be shareholder
The directors shall hold their offices for any
term not exceeding three years, as may be
provided in the bylaws; and the annual
meetings of stockholders shall take place as
provided for in said bylaws.
SEC 3. That the capital stock of the Texas
Pacific Railroad Company shall be fixed by
the board of directors at a sum not exceed
ing fifty millions of dollars. in shares
of one hundred dollars; and when the
amount is so fixed, it shall never be in
creased except by consent of Congress. As
sessments upon said stock shall only be
made by majority vote of the whole num-
ber of directors at a regular meeting, which
said assessments shall be paid at the expira-
ton OF thirty days after a notice given in
one newspaper in each of the cities Of Wash
ington, Philadelphia, New York and New
Orleans.
SEC 4. That the said Texas Pacific Rail
road Company shall have power and lawful
authority to purchase the stock, land
grants, franchises and appurtenances Of,
and consolidate on such terms as may be
agreed upon between the parties, with any
railroad company or companies heretotof0re
chartered by congressional, State or terri
torial authority, ON the route prescribed in
the first section of this act;tbut no such con
solidation shall be with any competing
through line Of railroads to the Pacific
Ocean.
SEC. s. That the said company shall have
power and authority TO make running ar
rangelnents with any railroad company or
companies heretofore chartered, or that may
hereafter be chartered by congressional.
State or territorial authority; also to pur-
chase lands, or TO accept donations, or
grants OF lands or other property, from
State or individuals, for the purpose of aid
ing in carrying opt the object of this com
pany.
SEC. 6. That tie rights, land, land grants,
franchises, privileges and appurtenances