New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-07-26
[GENERAL NATURE-No. -


Approved May 1, 1872.
GENERAL NATURE-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 3 That the said the Texas and Pa
cie 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 cOnstTuc-
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
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
whOnNgrants 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 te
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 limita-
lions 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 tor 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 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, and 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 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 aud Pacific
Railway Company shall commence the con-
structiOn of it's 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
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-
piratien 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 50 com
plete it, Congress may adopt such measures
as it may deem necessary and proper 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 it is
hereby, authorized and required to
construct, maintain, control, and opera G
a road between Marshall, Texas, and
Shreveport, 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 to make tbs same
running connections, and shall be
entitled to tire same privileges, for
the transaction of business in con-
ncctiol with the said Texas and Pacific
railway, as are granted to roads intersect-
ing Herewith; provided further, that moth
ing herein shall be construed a. changing
the terminus Of said Texas and Pacific rail
way from MARSHALL, as provided in the
original act.
SIC 6 That all acts or parts Of acts in