Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-24
AN EXCITING PROSPECT.

AN EXCITING PROSPECT.
From their mountain standpoint they could
look far upon the unbroken territory lying to
the east and consider the rumors that were COM
ing fast and thick of the hidden wealth which
lay in its mountain fastness. They knew that
no line of railroad had reached the Missouri
river from the East; that for 1000 miles there
were Government posts TO which the supplies
had to be hauled by OK teams They believed
that II they could cross the Sierras and reach
into this wilderness they would develop a
mighty trade and have no competition except
the slow-moving OK.
They did not ask Government aid but re-
turned TO their homes, and in 1851, under gen.
eral law OF the State of California Organized the
Central Pacific Railroad Company OF California,
with nominal caDtal of IS, 0O00 600, TO construct
a railroad from the city or Sacramento to the
eastern boundary line of the State of California.
They went to the Territorial Assembly of Ne
yada, laid their project before 1t, and received
the consent of that legislative assembly to CON
struct a railroad across the deserts of Nevada.
THE ROCKY MOUNTAIN PASS
1t was supposed NJ that time that the Rocky
mountains, as their name implied, presented as
great obstacles to the construction of railroad
as did the Sierras. They did not know. as II
afterwards turned out to be, that Il way for the
railroad builder had been prepared by nature
from the banks of the Missouri 10 the east IN
base of the Sierras and that so far from there
being difficulties in the way, it would cost less
TO construct q railroad from the eastern base of
the Sierra Nevada mountains to the city of Chi
cago, than 1t did TO construct railroad from
the city of Sacramento across the mountains 10
their eastern base.
Had no Act of Congress ever been passed: had
these men been allowed to work out their des-
tiny III their own way, they would have slowly
crossed the mountains at the minimum of eX-
penSe. They had no competition for all the
trade of the great interior except the COMPETE
ton of ox-teams. out of the proceed. of that
trade, as things have since turned out, they
could easily have extended the road to the city
of Chicago, and would to-day in all probability
have been free of debt and the wealthiest cor
poration in America.
CONGRESSIONAL LEGISLATION
Next in the cycle of events came the Act OF
Congress of July l, 1862 That Act constitutes
the basis of the contract between this company
and the Government OF the United States As
we are now considering the relations OF these
parties and rs We now assert that we have per-
formed all the obligations of that contract and
that the United States has performed none OF
them, it becomes necessary when truth and JUS
tice is in the end to be attained 10 inquire what
the terms of the contract were. Ii is Il cardinal
rule in the construction of contracts, whether
legislative or otherwise that the tribunal which
is called upon TO conStrue them must place 1t
self as nearly a. possible in the situation which
the parties occupied at the time the contract was
maGe-that 1t must not interpret that contract
by Judgment which comes after the fact but
in the light of circumstances and facts attend
ing upon the contract when it was made.
DATE OF THE ORGANIZATION OF THE ROAD
We have now passed the point at which the
Central Pacific Railroad Company was organ
lied. We have seen that that antedated any Act
of Congress and now we come to the lst of July,
1862. the date of the passage of the first Pacific
Railroad Act.
At that time the population of the United
States was little more than $1,000 O0O and this
population was confined chiefly to the States w.
ing east of the Mississippi river, Minnesota,
Iowa, Missouri and Arkansas. The States living
west of the Mississippi river then had popula-
ffsNT,s y.
lation of either. This population, by the very
necessities of the situation was confined almost
entirely to the territory lying within u few miles
of the navigable streams.
\ VAST AREA.
West of the Missouri river, south of British
Columbia, moth of the Rio Grande and east of
the Sierra Nevada range was territory almost,
If not quite, in extent equaling that east of the
Mississippi river. 1t was over l400 miles in
length and over 300 miles in breadth. IL was
greater in extent and richer in resources than
all the territory which Ctesars legions gave to
the dominion of Rome. 1t was Il territory with
out white settlement Except the Mormon set
Element at Salt Lake. of any considerable extent.
From the Missouri river to the Sierras was SOL
itude, the silence of which was unbroken, save
by the trapper, wild animals and the wilder saw
age tribes, its only occupants.
THE AMERICAN DESERT.
The whole of it as late as 1850 was marked
upon the maps as the American Sahara or the
ana
breadth of this Territory there were but few
navigable streams, and its occupation by civil
lied man, as it then Stood was an impossibility
The situation even upon and near the banks OF
the Missouri river is graphically described by
the Chief Engineer of the Union Pacific road in
his report to the President of that company
under date of December l, 1869. The Chief
Engineer says;
FORMER REPORT.
" In 1868 and 1864 surveys were inaugurated,
Illa .
pied, and day and night, in summer and winter,
the explorations were pushed forward through
dangers and hardships that very few men at
this day appreciate. Every mile had 10 be run
within range OF the muSket. In making the
surveys numbers of our men, some of the ablest
ard most PROMISING, were killed. and during the
our stock was run off by the hun
dreds."
l might add by the thousands. The lack of
confidence in the project, even in localities to
be the most benefited, was so great that laborers
demanded their pay in advance before they
would perform days work.
INDIANS FAIRLY TREATED.
The situation IN the same respect was no less
dangerous between the Sierras and Ogden That
country was infested with Indian tribes hostile
to us and nearly constantly at war with the
whites. While this danger existed and had to
be met, it was not by force of arms, but treaty
was made between the Central Pacific Company
and the Indian tribes between the Sierras and
Ogden, which has on each side been maintained
from that day to this most faithfully.
Many times since the construction of the road
these tribes have been at war with the United
States, out in no single instance have they ever
violated that solemn treaty or injured a man
with the railroad, or a passenger
borne upon its trains. The reverse is true as to
the Union Pacific. 1t was built in the presence
of an armed force, and its trains have since
been destroyed by hostile tribes. The influence
of the treaty between the Central Pacific and
these Indian tribes was felt long wears after
Is o. nf 10
ern Pacific Railroad. The same obligations
were implied or enter into between the Apache
Indians, the widest tribe known to the con-
tinent and the railroad company and although
that tribe has carried murder and arson over the
Territories of New Mexico and Arizona and the
northern Stats of Mckee. yet in no single
instance have they interfered with the trains
Of the Southern Pacific or with the passengers
Or with the section men; although repeatedly
heir parties have crossed and recrossed the
rack. In striking contrast to the faith kept by
The Piutes and Apaches stands the broken faith
Of a civilized nation with this company.
OBJECT OF THE RAILROAD ACT.
As a military necessity and not to loan money
and secure its replacement, but to secure the
of a railroad which should be a
government instrument i'll peace as well as in
war, and to provide for its maintenance forever
he Act of July |, 1862, was passed, chartering
he Union Pacific, and making certain offers OF
aid to the Central Pacific, then in existence and
in operation as a corporation, of the public land
IF the United States, then in the exclusive pos
session and occupation of savage tribes and
and over which the United
states exercised no more authority, beyond
he range of rifle sho- from its military posts
han it exercises now over the interior of
Africa.
TERMS OF THE GRANT.
OF this territory the United States promised to
give to each of these companies five alternate
sections per mile on each side of the line of its
road, excepting all mineral lands from the
grant. 1t also agreed that so soon as the line of
he road was marked. the Government of the
United States would survey these lands. 1t also
agreed that whenever forty consecutive miles of
either of said railroads OF telegraph lines were
completed, the United States should issue TO the
completing said sections bonds of
he United States in the sum of 81 900 each, pay
able thirty wears after date, and bearing per
cent per annum interest.
These grants were made on certain conditions
subsequent, among which were conditions that
The companies should keep the railroad and
lines in repair, and should at all times
for the Government transmit dispatches over
said telegraph lines and transport mails. troops,
of war, supplies and public stores
upon the road
and these conditions were formally
accepted by the Central Pacific Railroad Com
pany on the 9TH of October, 1862, and the work
lf construction was commenced on the 18th day
Of January, 1868
THE WORK BEGUN.
on that day the first shovelf1l of earth was
turned at Sacramento, and the first railroad that
was ever intended to be constructed beyond the
of civilization was commenced.
On the 4th of July. 1888, at the commence
ment of the construction of the first railroad
built in the United States, and at the turning
of the first shovelful of earth of that line that
set being performed by Charles Carroll, of