New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-07-24
fGgNERAL NAruRE-No. 81


An act supplementary to an act entitled
"An act to incorporate the Texas Pacific
Railroad Company, and to aid in the con.
structiOn of its road and for other pur-
poses" approved March third, eighteen
hundred and seventy one.
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That the
name, style and title of the Texas Pacific
Railroad Company shall hereafter be "The
Texas and Pacific Railway Company" and
the said Texas and Pacific Railway Com
pany shall have, possess and eujOy all the
rights privileges and franchises heretofore
conferred upon the said Texas Pacific Rail
road Company.
SEC , That the said the Texas and Pa
cifc Railway Company shall have power
and authority to issue the construction and
land bonds authorized by the eleventh sec
ton of said act of Incorporation, for such
amounts, not exceeding forty thousand dol.
lars per mile of said road, of construction
bonds, as said company may deem needful
to provide for the construction and equip
ment of its line, and to include in the mort
gage or mortgages to secure said cOnstruc-
ton bonds all or any portion of the lands
granted in aid of tue construction OF said
railroad; and in the mortgage or mortgages
to secure said land bonds, any portion of
of said lands not so used to secure the con-
struction bonds aforesaid; and all or any
portion of the lands acquired by the terms
of consolidation lawfully authorized by the
fourth section Of said act of March third,
eighteen hundred and seventY-One, with
any railroad company or companies to
whom grants of land may have been made,
or may hereafter be made, by any congress
sional, State or Territorial authority, or who
may have purchased the same previous to
any such arrangement or consolidation, and
within the time limited for the completion
of the road, and all such lands of every de-
scriptiOn shall be subject to all llnita-
tiOns and conditions now by law existing
in relation thereto, and as modified by this
act; and this act shall not be construed to
to revive, enlarge, extend or create any
land grant whatever, beyond that hereto
fore granted by Congress, and which shall
duly inure to said company upon cOmpli-
ance with the terms of this act in relation
to the times fixed. for completion of said
railway, and all such mortgages shall be
subject to all the conditions and limitations
by law existing under this act and the acts
to which it is supplementary in respect to
such lands, and shall not be held to vest
any title in the mortgage or create any lien
on such lands, other than such company is
or may become lawfully entitled to vest or
create Hereunder; but the amount OF said
land bonds shall not exceed two and half
dollars per acre for all lands covered by
the mortgage or mortgages securing the
same.
SEC. 3. That all the mortgages made and
executed by said railroad company shall be
filed and recorded in the Department of
the Interior, which shall be a sufficient evil
dence of their legal execution provided,
that the aforesaid bonds and the author
lied capital stock, or the proceeds thereof,
shall be applied only for the purpose of
securing the construction, operation and
equipment of the contemplated railroad
line, under lawful contracts with such par
ties, and on such terms and conditions as
said company may deem needful, ami for
the further purpose of purchase, cOnsOllda
ton, completion, equipment and Operat-
ing of the other roads, as cOntem-
plated by said act and specified therein,
being part of the aforesaid railroad line,
and for the expenses necessary and incident
to the works authorized thereby; provided,
however, that said road and its equipment
shall be of the standard heretofore required
by the United States government for the
existing Pacific railway lines: And provided
further, that the said mortgage OF mort
cages shall in nOwise impair or affect any
lien existing on the property of said com
pany or companies at or before the time OF
such consolidation.
SEC. 4. That said road shall be construct
ed of iron or steel rails manufactured from
American ore, except such as may have
been contracted for before consolidation by
any railroad company which may be pur-
chased byOr consolidated with this company.
SEC. 5. That the said Texas and Pacific
Railway Company shall commence the con-
struction of its road at or near Marshall,
Texas, and proceed with its construction,
under the original act and this supplement-,
or in pursuance of the authority derived
from any consolidation as aforesaid,
westerly from point near Mar
shall and towards San Diego
in the State of California, ON the line
by the original act, and so prose
cute the same as to have at least one hun
bred consecutive miles OF railroad from said
point complete and in running order within
two years after the passage Of this act; and
so continue to construct, each year-there-
after, a sufficient number of miles, not less
than one hundred, to secure the completion
of the whole line. from the aforesaid point
on the eastern boundary of the State of
Texas to the bay Of San Diego, in the State
of California, as aforesaid, within ten years
after the passage of this act; and said road
from Marshall, Texas, throughout the
length thereof shall be of uniform gauge;
provided, however, that the said company
shall commence the construction OF said
road from San Diego eastward within one
year from the passage of this act, and con
struct not less than ten mies'befOr the ex
piration of the second year, and, after the
second year, not less than twenty-five miles /
per annum in continuous line thereafter
between San Diego and the Colorado
river until the junction is formed with the
line from the east at the latter point or
east thereof; and upon failure to 20 com
plete it, Congress may adopt such measures
a, nm y TO
secure its speedy completion; and it shall
also be lawful for said company to COM
mence and prosecute the construction of its
line from any other point or points on its
line; but nothing in this act contained shall
be so construed as to authorize the grant Of
any additional lands or subsidy, of any ma
ture or kind whatsoever, on the part Of the
government OF the United States;
provided, that said Texas and Pacific
Railway Company shall be, and 1t IS
hereby, authorized aud required to
construct, maintain, control, and opera
a road between Marshall, Texas, and
Louisiana, or control ana
operate any existing road between said
points. of the same gauge as the salu IeXas
and Pacific railroad; and that all
roads terminating at Shreveport shall
have the right to make the same
connections, and shall be
entitled to the same privileges, Tor
the transaction of business IN con
nection with the said Texas and PacIhc
railway, as arc granted to roads intersecit-
ing Herewith; provided further, that moth
ing herein shah be construed as changing
the terminus of said Texas and Poclhc rail-
way from Marshall, as provided an the
original act -,e..;.
SEC g. That all acts or parts OF acIs IN
with this supplement be ana the
same are hereby repeated
Approved May 2, 1877