Year: 1866

of the House of Representatives.


CHAP. CLXV.


An Act making Grant of Lands in alternate Sec


tions to aid in the Construction and Extension


ofthe Iron Mountain Railroad, from Pilot Knob,


in the State of Missouri, to Helena, in Ar


kansas.


Be it enacted by the Senate and House of Rep
resentatives of the United States of America in
Congress assembled, That there be, andis here
by, granted to the State of Missouri, for the pur
pose OF aiding in the construction and extension
of the Iron Mountain railroad, from its present
terminus at Pilot Knob to a point on the southern
boundary line of the State of Missouri, every al
ternate section of land, designated by odd num-
bers, for ten sections in width each side of said
road; but in case it shall appear when the route
of said road is definitely fixed that the United
States have sold any sections of parts thereof
granted as aforesaid or that the right of pre-emp
ton has attached to the same, then it shall be
lawful for any agent or agents to be appointed by
the Governor of said State to select, subject to
the approval of the Secretary of the Interior from
the lands of the United States nearest to the tiers
of sections above specified SO much land in sec
tions parts of sections, to be selected afore
said, as shall be equal to such lands the United
States have sold or otherwise appropriated or to
which the rights of pre-emption have attached,
State of Missouri for the and purposes afore-
said, and for none other Provided, that the lands
so located shall be within the Ironton land dis
trict as now established and not more than twenty
miles from the line of said road And provided,
further, That all mineral lands except those con-
tanning coal and iron, and any lands heretofore
served to the United States by any act of Con-
gress or in any other manner by competent
thorty for the purpose of aiding in any object of
internal Improvement, or for any other purpose
whatever, be. and the same are, reserved to the
United States from the operation of this act,
the routes of said railroad through the same in
which case the right of way only shall be granted,
subject to the approval of the President of the
United States.


Sec. 2. And be it further enacted, That there
be- and is hereby, granted to the State of Arkan-
sas for the purpose of aiding in the construction
and extension of railroad from the point where
the Iron Mountain railroad intersects the south
ern boundary line of Missouri, by the nearest and
most practicable route, to point at or near the
town of Helena, on the Mississippi river, every
alternate section of la d, designated by odd num-
bers for ten sections in width each side of
said road but in case it shall appear: when the
line of said road is definitely fixed that the Uni
ted States have sold any sections parts thereof
granted as aforesaid, that the right of pre-emp
ton has attached to the same, then it shall be
lawful for any agent or agents to be appointed by
the Governor of said State, to select, subject to
the approval of the Secretary of the Interior from
the lands of the United States nearest to the tiers
of sections above specifie,. SO much land in alter
nate sections, designated aforesaid, as shall be
equal to such lands as the United States have sold
or otherwise appropriated or to which the rights
of presumption have attached which lands thus
selected shall be held by the State of Arkansas tor
the and purposes aforesaid, and for none
other: Provided, That the land so selected and
located shall in no case be further than twenty
miles from the line of road when the same shall
be located: And provided further, That all min
eral lands, except those containing coal and iron,
and any lands heretofore reserved to the United
States by any act of Congress, in any other
manner by competent authority, for the purpose
of aiding in any object of internal improvements,
or for any other purpose whatever, be, and the
same are, reserved to the United States from the
operation of this act, except far as it may be
found necessary to locate the routes of said rail-
way through the same, in which case the right of
way only shall be granted, subject to the appro-
val of the President of the United States.


Az And he frlrfh fhar rarocf tod hiatt fha
tion anG parts of sections of land which shall re-
main to the United States within ten miles on
either side of said road, and the sections and
parts of sections corresponding to the odd ones
selected within twenty miles of the same, shall
not be sold for less than double the minimum
price OF the public lands when sold nor shall any
of the said lands become subject to private entry
until the same shall have been first offered at
public sale to the highest bidder at or above the
minimum price aforesaid: Provided, That
tual bona fide settlers under the pre-emption laws
of the United States may, after the proof of set
tlement Improvement, and occupation, as now
provided by law, purchase the same at the increa-
sed minimum price; And provided, also, That
settlers under the provisions of the homestead
law, who comply with the terms and require
ments of this [sald] act shall be entitled to pa
tents for an amount not exceeding eighty acres
each, anything in this act to the contrary not
withstanding.


SEC 4. And be it further enacted, That the
said railroads shall be, and remain, public high
ways, so far as the same may be constructed un-
der this act, for the of the government of the
United States, free of all toll or other charges
upon the transportation of any property or troops
of the United States, and at the costs in all re-
spects of said railroad companies and the said
roads are hereby required to be constructed with


in the term of five years from and after the first
day of July, ammo Domini eighteen hundred and
siXty-siX.


Sec 5. And be it further enacted, That the
lands hereby granted to said States of Missouri
and Arkansas shall be disposed of by said States
for the purpose aforesaid only, and in manner fol
lowing, namely: Whenever the governor OF eth
of Said States shall certify to the Secretary of
e. Interior of ten
miles of either of said roads is completed in good
substantial and workmanlike manner, first
class railroad, and the said Secretary shall be
satisfied that said State has complied in good faith
with this requirement. the said Secretary of the
Interior shall issue to the said State patents for
all the lands granted and selected aforesaid,
not exceeding ten sections per mile, situated op-
posite to and within limit of twenty miles of the
line of said section of road thus completed eX-
tending along the whole length of said completed,
section of ten miles of road, and no further. And
when the governor of said State shall certify to
the Secretary of the interior, and the Secretary
shall be satisfied that another section of said road
ten consecutive miles in extent, connecting with
the preceding section or with some other first
class railroad which may be at the time in
full operation, is completed aforesaid, the said
Secretary of the Interior shall issue to the said
State patents for all the lands granted and situa
ted opposite to and within the limits of twenty
miles of the line of said completed section of road
or roads, and extending the length of said section
and no further, and not exceeding ten sections of
land per mile for all that part of said road thus
completed under the provisions OF this act and
from time to time, until said roads and branches
are completed. And when the governor of said
State shall certify and the Secretary of the In
terror shall be satisfied that the Whole of any one
of said roads and branches is completed in good,
substantial, and workmanlike manner, as first
class railroad the said Secretary of the Interior
shall issue to the said State patents to all the
naming lands granted for and on account of said
completed road and branches in this act situated
within the said limits of twenty miles from the
line thereof throughout the entire length of said
road and branches: Provided, That no land shall
provisions of this act on account of the construc
ton of any railroad part thereof that has been
constructed under the provisions of any other act
at the date of the passage of this act, and adop
ted part of the line of railroad provided for
in this act: And provided That nothing herein
contained shall interfere with any existing rights
acauired under any law of Congress heretofore