Year: 1867

CHAP. CCLXX.


An Act granting Lands to the State of Kansas to


aid in the Construction of n southern Branch of


the Union Pacific Hallway and Telegraph, from


Fort Riley, Kansas, to Fort Smith, Arkansas.


Be it enacted by the Senate and House of Rep
rescntatves of the United States of America in
Congress assembled, That for the purpose ofaid
ing the Union Pacific Railroad Company, south
ern branch the same being corporation orga-
niZcd under the laws of the State of Kansas to
construct and operate a railroad from Fort Ri
ley, Kansas, or near said military rcscrvation
thence down the valley OF the Neosho River to
the southern line of the State OF Kansas, with a
view to an extension of the same through por-
tton of the Indian Territory to Fort Smith, Ar
kansas, there is hereby granted TO the State of
Kansas, for the and benefit of said railroad
company every alternate section of land or parts
thereof designated by odd numbers to the eX-
tent of five alternate sections per mile on each
side of said road and not exceeding i'll all ten
tons per nile but in case it shall appear that
the United States have, when the line of said
road is definitely located sold any section, any
part thereof, granted rs aforesaid, or that the
right of presumption or homestead settlement has
attached to the same, or that the same has been
reserved by the United States for any purpose
whatever then it shall be the duty of the Secrc-
tary OF the Interior to cause to be selected for
the purposes aforesaid, from the public lands OF
the United States nearest to sections above spec
flied, much land shall be equal to the
amount of such lands as the United States have
sold, reserved, or Otherwise appropriated, or to



emption has attached rs aforesaid, which lands,
thus indicated by the direction of the Secretary
the Interior, shall be reserved and held for the
State OF Kansas for the use of said company by
the said Secretary for the purpose of the con-
structiOn and operation of said railroad, prOvi-
ded by this act Provided That any and all lands
heretofore reserved to the United States by any
act of Congress, or in any other manner by com
pctcnt authority, for the purpose of aiding in any
object of internal improvement other purpose
whatever, be, and the same are hereby, reserved
md pYp n ct
cept so far is it may be found necessary to locate
the route of said road through such reserved lands
in which case the right of way, two hundred feet
in width, is hereby granted, subject to the appro-
val of the President of the United States And
provided further, That said lands hereby granted
shall not be selected beyond twenty miles from
the line of said road.


Sec 2. And be it further enacted That the
sections and parts of sections of land which by
the aforesaid grant shall remain in the United
States. within ten miles on each side of said road,
shall not be sold for less than double the mini
mum price OF public lands when sold Provided,
That tual bona fide settlers under the pre-cmp-
tion laws of the United States may after duo
proof of settlement, Improvement, and occupa-
ton, now provided by law, purchase the ssme
at the price fixed for said lands at the date of
such settlement, Improvement, and occupation
Provided, That settlers under provisions of the
homestead act, who make their settlement after
the passage Of this act and comply with the terms
and requirements of said act, shall be entitled,
within the saiG limits of ten miles, to patents
for all amount not exceeding eighty acres each.


Sec. 8. And be it further enacted, That the
grant of lands hereby made is upon condition
that said company, after the construction OF its
road, shall keep it in repair and use and shall at
all times transport troops, munitions of war, sup
plies, and public stores upon its road for The gov
ernmcnt of the United States, free from all cost
or charge therefor to the government when
qurcd to do so by any department thereof. And
the lands hereby granted shall inure to the bene
ernor of the State of Kansas shall certify that
any section Of ten consecutive miles of said road
is completed in good, substantial, and work
manlike manner as first class rsilroad, then the
said Secretary of the Interior shall issue to the
said company patents for so many sections of the
land herein granted within the limits above nam
ed, and coterminous with said completed section
hereinbcfore granted and when certificates of
the governor aforesaid shall be presented to said
Secretary of the completion, as aforesaid of each
successive section of ten consecutive miles of said
road the said Secretary shall in like manner issue
to- said company patents for the land for each of
said sections of road in the first instance, until
said road shall be completed Provided, That if
said road is not completed within ten years from
the date OF the acceptance OF the grant hercinbe-
fore made the lands remaining unpatented shall
revert to the United States.


Sec. 4. And be it further enacted, That as
soon as said company shall file with Secretary
of the interior maps of its line, designating the
route thereof it shall of said Secretary to with
drrw from the market the lands granted by this
act, in such manner as may be best calculated to
effect the purposes of this act and subscvre the
public interest.


Sec ). And be it further enacted, That the
Unite States mail shall be transported on said
road, and under the direction of the Post Office
Depar tncnt, at such price as Congress may by
law pr ovide: Provided, That until such price is
liked t,y law the Postmaster-General shall have
power to fix the compensation.


Sec. 6. And be it fnrther enacted, That the
right way through the pnblic lands be, and the
same Is hereby, granted to said Pacific Railroad
Compa ny, southern branch, its successors and as
signs Or the construction of railroad pro-
posed: and the right is hereby given to said cor
poration to take from the public lands adjacent
to the lii of said road material for the construc
ton thel eof Said way granted to said railroad
TO the c, tent of one hundred feet in width each
side of s; id road where it may pass through the