Year: 1867

CHAP. CCXLI.


An Act granting Lands to the State of Kansas to


aid in the Construction of the Kansas and


Neosho Valley Railroad and its Extension to


Red River.


Be it enacted by the Senate and House of Rep
resentativeS of the United States OF America in
Congresses aembled, That for the purpose of aid
ing the Kansas and Ncosio Valley Railroad Com
pany, the same being corporation organized
der the laws of the State OF Kansas, to construct
and operate railroad from the eastern terminus
of the Union Pacific Railroad, eastern division, at
the line between Kansas and Missouri, at or near
the mouth of the Kansas River, on the south side
thereof, southwardly, through the eastern tier of
counties in Kansas, with view of its extension
so as to effect junction at Red River with rail
road now being constructed from Galveston to
Red River at or near Preston, in Texas, there is
hereby granted to the State of Kansas for the
and benefit of said railroad company, every alter
nate section of land or parts thereof, designated
by odd numbers, to the extent of ten sections per-
mile each side of said road, to be selected with
in twenty miles ofrom [of the line of said road :;
but in case it shall appear that the United States
have when the line of said road is definitely loca
ted, sold any section, or any part thereof granted
aforesaid, or that the right of pre-emption, 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
tho duty of the Secretary of the interior to cause
to be selected for the purposes aforesaid from the
public lands OF the United States nearest to the
ABOVE SDcclUcC, SO lntlcn ltlnu Shll be
equal to the amount of such lands as the United
States have sold, reserved, otherwise appro-
priated to which the right of homestead settle
ment or pre- -emption has attached aforesaid
which lands, thus indicated by the direction of
the Secretary of the Interior, shall be reserved
and held for the State of Kansas for the use of
said company by the said Secretary for the pur-
pose of the construction and operation of said
railroad, as provided by this act: Provided, That
any and all lands heretofore reserved to the Uni
ted States by any act of Congress, or in any other
manner by competent authority, for the purpose
of aiding in any object of internal improvement
or other purpose whatever, be- and the same are
hereby, reserved and excepted from the opera
tiOn of this act, except SO far as 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 approval of the President of the
United States: And provided, further, That none
OF the lands hereby granted shall be selected be-
youd twenty miles from the said road.


See. 2. And be it further enacted, That the sec
tiOns and parts of sections of land which by the
aforesaid grant shall remain in the United States,
within ten miles each side of said road, shall
not be sold for less than double the minimum
price of public lands when sold nor shall any of
said lands become subject to sale at private entry
until the same shall have been first offered at pub
lie sale to the highest bidder, at above the mi
ninum price aforesaid: Provided, That actual
bona tide settlers under the presumption laws of
the United States may after due proof of settle
ment, Improvement, and occupation, now pro-
y
ed for said lands ut the date of such settlement,
Improvement, and occupation; And provided
also, That settlers under the prOvsins 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 said limits of ten miles, to patents fol
an amount not exceeding eighty acres each.


Sec. s. 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 ii in repair and use, and that lit will
at all times be in readiness to transport troops,
munitions of war, supplies, and public stores up
its road for the government, when required to
do so by any department thereof, at the cost,
charge, and expense of said company. And the
lands hereby granted, held, and reserved as aforc
said shall insure to the benefit of said company,
follows When the governor of the State of
Kansas shall certify that any section of ten consc
cutiye miles of said road is completed III good
substantial. and workmanlikc manner first
class railroad, then the said Secretary of the In
terror shall issue TO the said company patents for
so many sections of the land within the limits
above named us are coterninous with said COM
Dletcd section hereinbefOrc granted; and when
certificates Of the governor aforesaid shall be pre-
scented to said Secretary, of the completion, as
aforesaid, of each successive section of ten cOnse
cutive 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 with
in ten years from the date of the acceptance OF





unpatented shall revert to the United States:
And provided further, That the said lands shall
not, in any manner, be disposed OF or Incumbered
by said company or its assigns, except as the
same are patented under the provisions OF this
act.


Sec. 4. And be it further enacted, That as soon
as said company shall file with the Secretary of
the Interior maps ofits line, designating the route
thereof, it shall be the duty of the said Secretary
to withdraw from the market the lands granted
by this act, in such manner as may be best calcu-
lated to effect the purposes of this act and sub
serve the public interest


Sec s. And be it furter enacted, That the Uni
ted States mail shall be transported on said road
and its extension, under the direction of the Post
Office Department, at such price as Congress may
by law provide: Provided, That until such price
is fixed by law the Postmaster-G General shall have
power to fix the compensation.


Sec. 6. And be it further enacted, That the right
of way through the puclic lands be, and the same
is hereby, granted to said Kansas and Neosho Val
ley Railroad Company, its successors and assigns,
Tor the construction of u railroad rs proposed;
and the right is hereby given to said corporation
to take from the public lands adjacent to the line
Of said road material for the construction thereof


Said way is granted to said railroad to the eX-
tent of one hundred feet in width on each SIDE OF
said road where it may pass through the public
domain; also all necessary ground Tor statlon
workshops, depots, machlne-shops,
sidetracks, turntables, and Water-sta-
ions.
Sec. T. And be it further enacted, That the ac-
,eptance of the terms, conditions, and lmposl-
ions of this act by the said Kansas and Neosho
Valley Railroad Company shall be slgninea IN
vriting under the corporate seal OF the SAID COM
)any, duly executed pursuant to the dlrectlon OF
is board OF directors first had and obtained,
which acceptance shall be made within one year
fter the passage of this act, and not afterwards,
nd hal he nnA wit q Secretary o