Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-05-14

more consecutive miles OF any portion of the
line of railroad and telegraph which said
company is authorized by the provisions of
this act to construct, have been compile
ted in accordance with the provisions Of this
act, and are ready for service, with equip
mepts buildings, sidings and other appur-
tenances necessary and sufficient for the bust
ness thereof, the President of the United
States shall appoint commissioner, or COM
mssioners, not exceeding three In number, to
examine the same, and report, under oath,
whether or not such sections of railroad and
telegraph line have been completed In SUBJ
stantial manner and In accordance with the
requirements of this act; and if it shall ap-
pear to the satisfaction of the President from
said report that ten or more consecutive miles
of such railroad and telegraph line have
been constructed and equipped as required by
this act, it shall be the duty of the President
to communicate such fact to the secretary of
the treasury, and the secretary of the treas
ury shall thereupon deliver to the president
of said company, or to any person duly au-
thoriZed by said company to receive the same,
the legal-tender notes of the United States
(popularly known as greenbacks), or any law
full money of the United States, at the rate
of ten thousand dollars per mile for each mile
of railroad and telegraph line so constructed
and equipped.
Sec. 9. That each of the said companies so
receiving aid from the government of the
United States, as provided in the foregoing,
shall be obliged at all tunes to transport sup
plies, munitions, and materials of war, the
United States mails, and do all manner of
telegraph service that the government of the
United States may require, over those por-
lions of their lines of road constructed under
the provisions of this act, at such fair and
reasonable rates of compensation for said
government service as may be agreed upon
and adjusted by the secretary of war, the
postmaster general, or the secretary of the
interior, for their respective departments, in
conjunction with the proper officers of said
companies respectively, not to exceed the
amounts paid by private parties for similar
services. And the government shall, at all
times, have the preference In the use of the
said roads and their facilities for the purposes
aforesaid. And all sums of money earned
by the companies in the first, third, fourth,
fifth, sixth, and seventh sections
of this act for services to the gov
ernment in this section provided for shall
be credited to SAID companies respectively,
and no money shall be paid out of the treas
ury for such service until the whole amount
advanced to said companies respectively, to-
gether with four per centum interest per an
mum thereon, shall have been repaid to the
government.
Sec. 10. That the rights of the government
provided for in the preceding section as
against the companies named in the first,
third, fourth, fifth, sixth and seventh Sec
tions of this act, both as to preference of SER
vice, and as to the Withholding of payment
therefor until all advances of money made to
any of SAID companies are repaid, shall be
continuing rights, running with the property,
against present or future proprietors of the
said railroad and telegraph lines so receiving
aid in money under the provisions of this act.
And if the sum advanced by the govern
ment, together with four per centum interest
per annum thereon, shall not have been re-
paid at the expiration of twenty years from
date of the final completion of said railroad
and telegraph lines, respectively, then the
account between the government and the said
railroad companies, respectively, shall be
stated and adjusted under the direction of the
secretary of the treasury; and to the aggre-
gate sum of principal and interest that may
be then due to the government there shall be
added interest at the rate of four per centum
per annum for another period of twenty
years, which last aggregate sum of principal
and interest shall be paid by the said compa-
MES, respectively, in forty semi-annual pay
ments; prouided, That whatever sums are
earned by the said companies, respectively,
for services rendered to the government as
hereinbefore provided, shall continue to be
credited to the said companies, respectively,
as before. And whatever sums may be nee
essary, after allowing such credits, to make
up the amounts so to be paid semi-annually
by the said companies, respectively, shall be
paid out of the earnings of said companies,
respectively. And the government of the
United States shall have lien upon the earn
ings of the said companies, respectively, for
such amounts as may be necessary to make
up said semi-annual payments, which lien
shall have precedence over all other liens
whatsoever, and may be enforced in such
manner as congress shall direct.
Sec. II. All railroad and telegraph lines
receiving and under the provisions of this act
shall be on an equality as to all consigned
through business passing either way; and no
unjust discrimination in charges for freight
or passengers shall be made by or against
either, but the same charges per mile for pas
sengers and per ton per mile for freight shall
be made for the haul to and from the juno
ton of such lines as shall be charged on
similar business from such junction on its
owa line; and all freight and passengers
shall be forwarded in either direction
as consigned; and except as to the
ownership and general management of such
connecting roads, and the divisions of earn
practically form one line, and secure to each
railroad company and to the public the ac-
commodation and advantages of through
line at all points of junction; and each COM
pany named in this act shall have the right
to contract currently for the transportation of
freights and passengers destined to, or ship
ped from, its road to or from any point on the
road of any other company named in this
act, at the then established rates of freight
and fare, and may issue through bills of lad
ing and passenger tickets, and may maintain
agencies on the line or at the termini of the
road of the other for said purposes, and shall
be afforded privileges and facilities for trans
acting such business at such points equal to
those enjoyed by the company owning such
nd choll M oil hou
the right to regulate rates for the transporta-
ton of freight and passengers, and for tele
graphic service, over all the lines east of the
Rio Grande the construction of which is au-
thorized by this act and over the entire line
of the Southern Pacific railroad company
from its eastern terminus on the Rio Grande
to San Pedro and San Diego on the Pacific
coast; and to exercise a general supervision
and control, so far as it shall be necessary so
to do in tine interests of the government of
the United States, and the citizens thereof, to
secure prompt transportation for the govern
ment and the people.
Sec. II. The gauge of all the roads author
lied to be constructed by the provisions of
this act shall be uniform, and shall be the
standard adopted by the government of four
feet eight and one-half inches. Said roads
shall be constructed in substantial manner,
and properly equipped, with view to the
safety Of passengers and the safe transporta-
ton of frelghts and mails, and no iron rails
of less weight than ffty-sIx pounds to the
yard, or steel rails of less than fifty pounds
to the yard, shall be usedI and all rails used
in the construction of the roads herein pro-
vided for shall be of American manufacture.
Sec. IL. That the acceptance of the terms,
conditions, restrictions, and impositions of
this act by each of the railway companies |
named in this act, shall be signifed in wri- |
ting, under the corporate seal of said COM
pany, which acceptance shall be made within |
six months after the passage of this act, and |
not afterward, and shall be deposited in the |
office of the secretary of the interior. Any |
herein named falling to accept the |
provisions of this act in the manner and |
within the time named III this section, shall |
be denied all participation in its benefits. |
But the failure of any company SO to accept |
shall not affect the rights or interests of any |
other company accepting as provided. And |
the acceptance of the provisions of this |
act, by either of the companies
named herein, except the Southern
Pacific railroad company, shall operate, |
pSo Jdcto, as release of all claims to lands |