New Orleans Republican., 1872-07-27
[GENERAL NAruRE-No. -

GENERAL NATURE-SO. 81.
An act supplementary to an act entitled
IAN 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 all the
rights privileges and franchises heretofore
conferred upon the said Texas Pacific Rail
road Company.
SEC. ,. That the said the Texas and Pa
citic Railway Company shall have power
and authority to issue the construction and
land bonds authorized by the eleventh sec
tiOn 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
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 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 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
: led 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, ami for
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
panv 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 bynr consolidated with this company.
SEC. 5. That the said Texas and Pacific
Railway Company shall commence the con
stEuctiUn 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,
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 |
lred 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, sufficient number of miles, not less |
than one hundred, to secure the completion |
)f the whole line, from the aforesaid point |
Dn the eastern boundary of the State Of |
rexas 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
ength thereof shall be of uniform gauge;
provided, however, that the said company
shall commence the construction of said |
'Udl 1IOLl CotH DltEO bttoJ " NAb HitAiA DAC
year from the passage of this act, and con-
struct not less than ten miles before the ex-
liratiOn of the second year, and, after the
lecOnd year, not less than twenty-five miles |
Der annum in continuous line thereafter |
between San Diego and the Colorado
liver until the junction is formed With the |
inc from the east at the latter point or
east thereof; and upon failure to 30 com
1lete it, Congress may adopt such measures
IS it may deem necessary and proper to |
ecure its speedy competitions; and 1T shall |
JlsO be lawful for said company to cOm |
nence and prosecute the construction OF its |
inc from any other point or points on its /
inc; but nothing in this act contained shall |
,e so construed as to authorize the grant of |
my additional lands or subsidy, of any na- |
ure or kind whatsoever, on the part of the |
provided, that said Texas and Pacific |
Railway Company shall be, and it is |
hereby, authorized and required to |
construct maintain, control, and opera g |
read between Marshall, Texas, and !
Shreveport Louisiana, or control and /
operate any existing road between said |
POINTS of the same gauge as the said Texas
md Pacific railroad and that all |
Oads terminating at Shreveport shall !
rave the right to make tha same
'unning connections, and shall be |
Untitled to the same privileges, for |
he transaction OF business in CON
lectiol with the said Texas and Pacific |
.ailway, as are granted to roads interseet- |
ng herewith; provided further, that moth |
NJ herein shall be construed as changing |
.he terminus Of said Texas and Pacific rail |
way from Marshall, as provided in the |
original act
SEC. 6. That all acts or parts Of acts in |
consistent with this supplement be and the |
same are haYeby repealed.
Approved May ,, 1872.