New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-02
GENERAL NAruRE-No. 81

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 euiOy ali the
rights privileges and franchises heretofore
conferred upon the said Texas Pacific Rail
road Company.
SEC. ,. That the said the Texas and Pa
ciic 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 the 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
DOEllOu VI lut ldlluS dCN ulIbu Nv tut 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
Cf tho road and oil supb lands Df avapVy de-
scriptiOn shall be subject to all limita-
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 a halt
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 executions 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
commitment OF tbA pOUtpm nlatpI p1ilpna1
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, cOnsOlida-
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 or mort
cages shall in nOWise impair or Attest any
lien existing on the property of said com
pany or companies at or before the time OF
such consolidation.
SEC. l. 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 s. 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 a point near Mar
shall, and towards San Diego
in the State of California, on the line
authorized 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 miles before 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 |
as it may deem necessary and proper 10 |
secure its speedy completion; and it shall |
also he lawful for said company to com |
mence and prosecute the construction GIFTS |
line from any other point or points on its !
line; but nothing in this act contained shall !
be 80 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 and required to |
construct, maintain, control, and opcra'e |
a road between Marshall, Texas, and |
Louisiana, or control and |
operate any existing road between said |
points, of the same gauge as the said Texas |
and Pacific railroad; and that all |
roads terminating at Shreveport shall !
have the right 70 make the same |
running connections, and shall be !
entitled to the same privileges, for |
the transaction OF business in con |
lection with the said Texas and Pacific |
railway, as are granted to roads Intersect-
ing Herewith; provided further, that moth
inc herein shall be construed as changing |
the terminus Of said T"Er5 md 'scltg FalI- |
way from Marshall, as PROVIDED II the |
original act.
SEC. 8. That all acts or parts Of acts in |
consistent with this supplement be and the |
same are hereby repealed
Approved May :, 1872.
TErEEpAr kATFvE-No RI