Year: 1871

amount greater than the cash value OF the
assets received from the same.


lSEc. 2. That the said Texas Pacific Railroad
Company shall have power to make and
enforce rules and bylaws for the election Of
its officers and the government and manage
ment of the business of the company, and to
do and perform all needful and proper things
to be done and performed to promofe
the objects Of the company hereby incor
porated, not inconsistent with the laws of
the United States and the provisions of this
charter.


SEC. 8. That the right of way through the


public lands be, and the same is hereby,
granted TO the SAID company for the con.
struction of thelsaid railroad and telegraph
line, and the right, power and authority ia


hereby given to said company to take, from
the public lands adjacent to the line of said


road, earth stone, timber and other mate
rails for the construction thereof Said
right OF way. is granted to said company to
the extent of two hundred feet in width on
each side of said railroad where it may pass
over the public lands and there is also


hereby granted to said company grounds
for stations, buildings, workshops, wharves,


switches, side-traeks, turntables. water.


stations, and such other structures as NAV


be necessary for said railroad, not exceed
ing forty acres of land at any one point
Sec. 8. That for the purpose of aiding in





graph line herein provided for, there is
hereby granted to the said Texas Pacific


Railroad Company, its successors and


assigns, every alternate section of public


land. not mineral, designated by odd


numbers, to the amount of twenty
alternate sections per mile, on each


side of said railroad line, as such line NAV


be adopted by said company, through the
Territories of the United States, and ten
alternate sections of land per mile on each
side of said railroad in California, where
the same shall not have not hare been sold
reserved, or otherwise disposed of by the
United States, and to which a pre-emption
or homestead claim may not have attached
at the time the line of said road is definitely
fixed. In case any of said lands shall have
been sold, reserved. occupied, or pre-
empted, or otherwise disposed of. other
lands shall be selected in lieu thereof by
said company, under the direction of the
Secretary of the Interior, in alternate sec
tions, and designated by odd numbers, not
more than ten miles beyond the limits Of
said alternate sections first above named,
and not including the reserved numbers.
If, in the too near approach of the SAID rail.
road line to the boundary of. Mexico the
number of sections of land to which the
company is entitled can not be selected i'm
mediately on the line of said railroad, or in
.leu of mineral lands excluded from this
grant, like quantity of unoccupied and
unappropriated agricultural lands, In odd
numbered sections nearest the line of said
railroad may be selected as above provided:
and the word mineral" where it occurs in
this act, shall not be held to include iron or
coal: Provided, however, That no public
lands are hereby granted within the State
of California further than twenty miles on
each side of said road, except Ito make up
deficiencies as aforesaid. and then not to
exceed twenty miles from the lands origin
ally granted The term ssship's channel"
as used in this bill, shall not be construed
as conveying any greater right to said
company to the water front at San Diego
bay than it may acquire by gift, grant, pur-
chase or otherwise, except the right of way,
as herein granted; and provided further
that all such lands, so granted by this
section to said company, which shall not be
sold or otherwise disposed of, as provided
in this act, within three years after the
completion of the entire road shall be sub
iect to settlement and pre-emption like
other lands, at price to be fixed by and
paid to said company, not exceeding an
average of two dollars and fifty cents per
acre for all the lands herein granted.


Sec 10. That when the route of said rail
road and telegraph line shall pass through
the lands OF private persons, or, where it
may be necessary for said railroad company
to take any lands belonging to private per
sons for any of the purposes herein men
toned necessary to said road, such right of
way through or title to such lands shall be
secured in accordance with the laws of the
State or Territory in which they may be
situated. =.


SEC. ii. That the Texas Pacific Railroad
Company shall have power and authority
to issue two kinds of bonds, secured by
mortgage, namely: first, construction bonds;
second, land bonds. Construction bonds
shall be secured by mortgage, first, ON all
OF any portion of the franchises, road-bed
or track of said railroad, and all the appur
tenances thereto belonging, when con-
structed or in the course of construction,
from point at or near Marshall, to ships
channel, in the bay of San Diego, in the
State of California, as aforesaid. Land
bonds shall be secured by mortgage, first,
on all or any portion of the lands hereby
granted in aid of the construction of said
railroad as is provided for in this act;
second, on lands acquired by any arrange
ment or purchase or terms of consolidation
with any railroad company or companies to
whom grants of lands may have been made
or may hereafter be made by any congress
sienal, State or territorial authority. or who
may have purchased the same previous to
any such arrangement or consolidation;
provided, that all the mortgages made and
executed by said railroad company shall be
filed and recorded in the Department of the
Interior, which shall be sufficient evidence 4
of their legal execution, and shall confer all
the rights and property of said COM
pany, as therein expressed; and pro,
vided also, that the proceeds OF
the sales of the aforesaid construction
and land bonds shall be applied only IN the
construction, operation, and equipment OF
the contemplated railroad line; And pro-
vided further, That said mortgage shall In \
no wise impair or affect any lien existing
ON the property of said company or com
panies at or before the time OF such consoli-
dation.


Sec. l2 That whenever the said COM
pany shall complete the first and each sue
ceeding section of twenty consecutive miles
of said railroad and put it in running order
as a first-class road in all its appointments,
it shall be the duty of the Secretary of tie
Interior to cause patents to be issued con-
veying to SAID company the number of Sec
tions of land opposite to and coterminous
with said completed road to which it shall
be entitled for each section so completed.
Said company, within two years after the
passage of this act, shall designate the gen.
eral route of its said road, as near as may
be, and shall file map of the same in the
Department of the Interior; and when the
map is so filed, the Secretary of the In
terror, Immediately thereafter, shall cause
the lands within forty miles on each side
of said designated route within the Terri
tories, and twenty miles within the State OF
California, to be withdrawn from pre-
emption, private entry, and sale; Provided,
however, That the provisions Of the
act OF September, eighteen hundred
and forty-0ne, granting pre-emption
rights, and the acts amendatory there
OF, and of the act entitled An Act /
to secure homesteads to actual settlers on
the public domain" approved May twenty,