Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-12-30
THE NORTHERN PACIFIC.

That the grants, rights, privileges, corpo-
rate powers and franchises, including the
franchise to be corporation, conferred upon
the Northern Pacific railroad company by
its charter, and the various joint resolutions
of Congress amendatory thereof and sup
Elementary thereto, be, and the same are
hereby confirmed, granted and continued to
the said Northern Pacific railroad company
as now reorganized, and ten years time from
the passage of this act is hereby granted to
said company for the construction and COM
pletlon of its main line, subject to all the
terms and conditions prescribed by said
charter and joint resolutions, except as
changed by this act: Provided, hoaoeoer,
And said extension of time is granted upon
the following express conditions, namely:
First-The said company shall, within
one year after the passage of this act, re-
sumo the work of constructing its main line,
and shall complete, in addition to the road
already com 7leted, at least 100 miles of its
main line per year thereafter, and at least
twenty five miles of the hundred miles to
be completed per year shall be west of the
Rocky Mountains
Second-Ihe main !j,.e of said railroad
between Portland and a point as far east as
Umatilla, in the State of Oregon, shall be
located and constructed on the south side of
the Columbia river.
Ihlrd-Actual settlers on unsurveyed ag-
riculturai lands within the limits of the
grant Of said company, if SAID lands, when
the government surveys shall be extended
over them, shall be found to be embraced in
said grant; and actual settlers on any agri-
cultural lands within the limits of said grant,
who shall have settled thereon at a distance
of 100 miles Or more beyond the completed
portion of said road at either end ; and &C
tual settlers on any agricultural lands within
the limits of said grant remaining unsold at
the expiration of eight years from the COM
pletion and acceptance of the section of
road opposite thereto, if said aforementioned
lands shall then be surveyed by the govern
ment, and if not, then at the expiration OF
eight years after the government surveys
shall be extended over the same,
shall be entitled each to purchase from said
company one quarter section, or legal sub
division thereof, on which they shall have
settled, at the price of $3.50 per acre, ex-
cepting coal and iron lands and lands within
the right of way for said railroad: Preceded,
hOaoeUer, That this section shall not apply
the lands already earned by said company.
Sec. 2. That all the lands heretofore with
drawn for the branch line of said road be,
and the same is hereby, restored to the pub
lie domain, to be disposed of as other public
lands, except for the distance of twenty
miles north of the portion of said branch
now constructed from Tacoma to Wilkeson,
in Washington Territory. And tho said
company shall receive patents for quantity
of land equal to twenty sections per mile
each side of said constructed portion of said
branch, such land to be selected from the
odd numbered sections on each side of said
constructed branch, but on the north side
not farther than twenty miles thereform;
but the said company may select, and
ceive patents for, lands to make up any de-
ficiancy in said quantity on said north side
from any of the public lands in Washington
Territory within the limits of the grant for
the main lac.
Sec. 3. That where presumption or home
stead claims were initiated, or private en-
tries or locations were allowed, upon lands
embraced in the grant to said company,
prior to the receipt of the orders of with
drawal at the respective district land offices,
the lands embraced in such entry or location
shall be patented to the parties entitled to
the same, as If said grant had not been
made, and, in case of abandonment by them,
shall be open to settlementby pre- emption or
he entitled to indemnity therefore, as now
provided by law.
Sec. 4. That entries remaining unadjust-
ed and suspended in The general land Office,
on account of an increase of price of the
even sections within the limits of said grant
where the same were made or based upon
settlement prior to the receipt of the orders
of withdrawal of said lands at the district
land Offices, shall be relieved f1onl such sus-
tension and carried into patent: but nothing
IN this act Shall be construed to affect exist
ing adjustments or to authorize the refund
ing of any moneys received for such lands
under existing laws.
Sec. 5. That the said company be, and it
Is hereby authorized, to issue its bonds from
time to time, to aid in the construction and
equipment of its road, not to exceed $25, DOC
per mile, and to secure the same by mort
cages the whole any part parts of
its railroad and property and rights of prop
erty of all kinds and descriptions, with the
rights, privileges, and franchises thereto ap-
pertaining, including the franchise to be a
corporations; and as proof and notice of their
legal execution and effectual delivery, such
mortgages shall be filed and recorded in the
department of the interior: Provided, h0W-
eDer, that such bonds or mortgages shall not
be issued or executed unless on the afirma-
tive vote of the holders of not less than two
thirds of the stock represented at meeting
of the stockholders OF said corporation duly
called for that purpose.
| Sec. 6. That in case any of the lands
heretofore granted by Congress to aid in the
| construction of said railroad shall become
forfeited to the United States, and be re-
stored to the public domain, by reason of
the failure of said company to perform the
conditions herein set forth, or any of them,
the actual settlers on such of said granted
lands as shall not then have been earned by
said company. who shall have settled there
on under the provisions Of this act, or by
license from said company, shall each have
the right to obtain title to such lands, not
exceeding one-quarter section, under the
homestead or presumption laws, as if said
grant had not been made
Sec Z. That said company shall keep
said railroad and telegraph lines, SO far as
already constructed, as we'll as that portion
and use, and shall transmit dispatches
port mails, troops, munitions of war,
supplies and public stores upon said
railroad, for the government, whenever re
quired to do 80 by any department thereof
and that the government shall at all times
have the preference in the use of the same
for all the purposes aforesaid, at fair and
reasonable rates of compensation, not to ex-
coed the rates paid by individuals for like
transportation and telegraph service; and il
case the said railroad company, or its sue
cessors or assigns, shall at any time willfully
neglect or refuse to transport promptly tie
mails, troops, munitions of war, supplies
and public stores, aforesaid, then the
President of the United States shall take
and he is hereby authorized to take, sucI