Year: 1867

Sec. g. And be it further enacted, That said
Kansas and Neosho Valley Railroad Company its
successor and assigns, is hereby authorized and
empowered to extend and construct its railroad
from the southern boundary of Kansas south,
through the Indian Territory, to Red River, at or
near Preston in the State of Texas, so as to con-
meet with the railway now being constructed from
Galveston to point at or near Preston, in said
State; and the right of way through the Indian
Territory, wherever such right is now reserved
or may hereafter be reserved or may hereafter be
reserved to the United States by treaty with the
Indian tribes, is hereby granted to said company,
to the same extent granted by the sixth sec
ton OF this act through the public lands; and in
all cases where the right of way, as aforesaid,
through the Indian lands shall not be reserved to
the government, the said company shall, before
constructing-its road, procure the consent of the
tribe or tribes interested, which consent with all
its terms and conditions, shall be previously ap,
proved and lndorsed by the President and filed
with the Secretary of the Interior


Sec. 9. And be it further enacted, That the
same grants Of lands through said Indian Terri
tory are hereby made as provided in the first sec
ton OF this act whenever the Indian title shall be
extinguished by treaty or otherwise, not to eX
ceed the ratio per mile granted in the first section
of this act: Provided, That said lands become
part of the public lands of the United States.


SEQ. TO- And be it further enacted, That said
Kansas and Neosho Valley Railroad Company,
its successors and assigns, shall have the right to
negotiate with, and acquire from ary Indian ma
tlon or tribe, authorized by the United States to
dispose of lands for railroad purposes, and from
any other nation or tribe of Indians through
whose lands said railroad may pass subject to the
approval of the President of the United States or
from any company or parties incorporated
thoriZed for such purposes, by such nation or
tribe, or which such parties may have acquired
under the laws of the United States.


Sec. II. And be it further enacted, That any
railroad company chartered under any law of the
United States, or of the State of Kansas, which
may have been heretofore or shall hereafter be re-
co%nizcd and subsidized by any act of the Con
gress of the United States, may connect, unite,
and consolidate with this railroad company, after
the shall be located to the valley of the Neo-
sho River, upon just, fair, and equitable terms
to be agreed upon between lhe parties, and shall
not be against the public interest the interest
OF the United States; nor shall any road author
lied to connect as aforesaid charge the road so
connecting greater tariff per mile for freight or
passengers than is charged for the per mile
by its own road; And provided further, That
should Il e Levenworth, Lawrence, and Fort Glib
son Railroad Company, or the Union Pacific
Railroad Company, southern branch, construct
and complete its road to that point on the south
crn boundary of the State of Kansas where the
line of said Kansas and Neosho Valley Railroad
shall cross the same, before the said Kansas and
Neosho Valley Railroad Company shall have con-
structed and completed its said road to said point
then and in that event the company so first reach
ing in completion the said point on the Southern
boundary of the State of Kansas shall be author
lied. upon obtaining the written approval of the
President OF the United States, to construct and
operate its line of railroad from said point to a
point at or near Preston, in the State of Texas,
WIN ol lallt according 10 lne provisions OIL
this act but upon the further special condition.
nevertheless, that said railroad company shall
have commenced in good faith the construction
thereof before the said X nsls and Neosho Valley
Railroad Company shall have completed its said
sailroad TO said pont: And provided further, That
said other railroad company, so having commen-
ced said work in good faith, shall continue to
prosecute the same with sufficient energy to in
sure the completion Of the same within reasona-
BILE time, subject TO the approval of the President
OF the United States: And provided further, That
the right of way through private property when
not otherwise provided for in this act, or by the
law of any State through which the road may
pass, shall be obtained by said Kansas and Neo.
sho Valley Railroad Company, or either of the
other companies named in this act, in accordance
with the provisions of section three of an act to
amend an act entitled g An act to aid in the con-
structon of a railroad and telegraph line from the
Missouri River to the Pacific Ocean, and to Sc
cure to the government the use of the same fol
postal, military, and other purposes" approved
July first eighteen hundred and siXty-two.


Approved, July 25, 1866.