Year: 1869

and telegraph line as aforesaid and from
time to time, whenever twenty or more
consecutive miles of the said road and tele-
graph shall be completed and equipped as
aforesaid, patents shall in like manner
issue upon the report of the said commits
sioners, and so on until the entire railroad
and telegraph authorized by this act shall
have been entirely constructed, and the
patents of the land herein granted shall
have been issued


SEC. 5. And be II further enacted,
That the grants aforesaid are upon the con-
dtion that the said companies shall keep
said railroad and telegraph in repair and
use, and shall at all times transport the
mails upon said railrord, and transmit dis
patches by said telegraph line for the Gov
ernment of the United States when re-
quired so to do by any department thereof;
and that the Government shall at all times
have preference in the use of said railroad
and telegraph thereof at fair and reasonable
rates of compensation, not to exceed the
rates paid by private parties for the sa m
kind of service. And said railroad shall
be and remain public highway for the
use of the Government of the United
States, free of all toll or other charges upon
the transportation of the property or troops
of the United States and the same shall
be transported over said road at the cost,
charge and expense of the corporations or
companies owning or operating the same,
when so required by the Government of the
United States.


:" Sec. 6. And be It further enacted,
That the said companies shall file their
assent to this act in the Department of the
Interior within one yearafter the passage
hereof, and shall complete the first section
of twenty miles Of said railroad and tele-
graph within two years, and at least twenty
on or before the first day of July, one
thousand eight hundred and seventy five
and the said railroad shall be of the same
gauge as the Central Pacific Railroad of
California and be connected Herewith


"SEc. 7. And be At further enacted,
That the said companies named in this act
are hereby required to operate and use the
portions or parts of said railroad and tele-
graph mentioned in section one of this act
for all purposes of transportation, travel,
and communication, so far as the Govern
ment and public are concerned, as one
connected and continuous line; and in
such operation and use to afford and secure
to each other equal advantages and facili-
ties as to rates, time, and transportation,
without any discrimination, whatever, on
pain of forfeiting the full amount of damage
| g.
to be sued for and recovered in any court
of the United States or ofany State of COM
petent jurisdiction.


SEC. 8. And be 1t further enacted,
That in case the said companies shall fail
to comply with the terms and conditions
required, namely, by not filing their assent
thereto, as provided in said section, this
act shall be null and void; and all lands
not conveyed by patents to said company
or companies, as the case may be, at the
date of any such failure, sha. revert to the
United States. And in case the said road
and telegraph line shall not be kept in re-
pair and fit for use, after the same shall have
been completed, Congress may pass an act
to put the same in repair and use, and may
direct the income of said road and tele-
graph line to be thereafter devoted to the
United States, to repay all expenditures
caused by the default and neglect of said
companies, or either of them. as the case
may be, or may fix pecuniary responsibility
not exceeding the value of the lands granted
by this act.


'"sEc. 8. And be 1t further enacted,
That the said California and Oregon Rail
road Company, and the said Oregon Com
pany shall be governed by the provisions
of the general railroad and telegraph laws
of their respective States, as to the con-
struction and management of the said rail
road and telegraph line herein before au-
thorized in all matters not provided for in
this act Whenever the word company
or companies is used in this act, it shall
| be construed to embrace the words their
| associates, successors, and assigns, the same
as if the words had been inserted or thereto
| annexed.


"SEc. TO- And be 1t further enacted,
That all mineral lands shall be excepted
| from the operation of this act; but where
the same shall contain timber thereon as
shall be required to construct said road
over such mineral lands is hereby granted
to such companies. Prooided, that the
term mineral lands shall not include lands
containing coal and iron


"SEc. IL. And be 1t further enacted,
That the said companies named in this act
shall obtain the consent of the legislatures
of their respective States and be governed
by the statutory regulations thereof in all
matters pertaining to the right of way
wherever the said road and telegraph line
shall not pass over or through the public
| lands of the United States


"SEC. II. And be II further enacted,
That Congress may at any time, having
due regard for the rights of said California
and Oregon Railroad Companies, add to,
alter, amend, or repeal this act


A GOOD story is told by the Richmond Dis
patch A colored soldier aft xed his marx to |