New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-23

struction Of tho said railroad and TELEGRAPH
hne, and the right, power and authority
hereby given to said company to take, ffon
the public lands adjacent to the line Of sal
road, earth. stone, timber and other mate
rails for the construction thereof. Sal
r1ght OF way is granted to said company t
the extent Of two hundred feet in width Of
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, wharves
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 II
the construction Of the railroad and tele
graph line herein provided for, there i!
hereby granted to the said Texas Pacific
Railroad Company, its successors and
assigns, every alternate section of publ!
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 haze been sold,
reserved, or otherwise disposed of by the
United States, and to which presumption
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.
II, 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, a like quantity of unoccupied and
Incorporated 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 to 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,
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 SUBJ
ject to settlement and presumption like
other lands, at price to be fixed by and
paid to said company, no. exceeding an
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
to 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 be
secured in accordance with the laws Of the
State or Territory ia which they may be
situated.
SEC. IL. That the Texas Pacific Railroad
company shall have power and authority
% issue two kinds Of bonds, secured by |
mortgage, namely: first, construction bonds;
second. land bonds. Construction bonds |
hall be secured by mortgage, first. on all |
n any portion Of the franchises. rOad-b |
" track of said railroad, and all the appur- |
enances thereto belonging. when con-
tructed or in the course Of construction,
rom a point at or near Marshall. to ships |
hannel. in the bay of San Diego, in the
tate OF California, as aforesaid. Land |
'onds shall be secured by mortgage, first,
u 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
lent or purchase or terms OF consolidation |
nth any railroad company or companies to
HON grants Of lands may have been made
r may hereafter be made by any congress
onal, State or territorial authority. or who
lay have purchased the same previous to
ny such arrangement or consolidation;
rovlded, that all the mortgages made and
xecuted by said railroad company shall be
led and recorded in the Department of the
lterior, which shall be sufficient evidence
their legal execution. and shall confer all
he rights and property of said COM
any as therein expressed; and pro-
ded also, that the proceeds of
Id land bonds shall be applied only in the
operation, and equipment of
e contemplated railr00d line; And pro-
ded further. That said mortgage shall in |
wise impair or affect any lien existing
the property Of said company or com
mics at or before the time Of such consoli- {
tiOu.
SEC. IL. That whenever the said com. {
ny shall complete the first and each sue !
edlng section Of twenty consecutive miles
said railroad and put it in running order
flrst-class road in all its appointments,
shall be the duty Of the Secretary of the 8 :
terror to cause patents to be issued con. L
wing to said company the number of sec ::
tn said completed road to which it shall y
entitled for each section so completed. :
i'd company. within two years after the !.
ssage OF this act, shall designate the gen .
i route OF its said road, as near as NAV !.
and shall tile map Of the same in the q
partment of the Interior: and when the u
p Is SO filed, the Secretary of the In y
Tor, immediately thereafter, shall cause u
lands within forty miles on each side :,
SAID designated route within the Terri =,
les, and twenty miles within the State of q
itornia. to be withdrawn from pre- q
ptlon, private entry, and sale; Provided, 1
vever, That the provisions of the N
OF September, eighteen hundred u
forty-One granting pre-emption o'
Its, and the acts amendatory there
and Of the act entitled IAN Act
ecure hOmesteads to actual settlers on
public domain approved May twenty, A
lteen hundred and sixty-two, and the
:ndments thereto, shall be, and the same
hereby, extended to all other lands of the R
ted States on the line of said road when A
eyed, except those hereby granted to til
company. 10
&c. IL: That the president of the com. II
shall annually. by the first day of July, az
70 report and file it with the Secretary =.
ne Interior, which report shall be under OF OF
|, exhibiting the financial situation of els
company. the amount of money recairad | cO