Year: 1871




the public lands adjacent to the line Of sait


road, earth. stone, timber and other mate


rails for the construction thereof. Sai(


right Of way is granted to said company {,


the extent of two hundred feet in width OF


each side Of said railroad where it may pas


over the public lands; and there is alst


hereby granted to said company groundl


switches, side-tracks, turntables, water
| stations, and such other structures as may


be necessary for said railroad, not exceed


ing forty acres Of land at any one point.


SEC. 9. That for the purpose of aiding in
the construction Of the railroad and tele


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 may
| be adopted by said company, through b 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 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.
II, 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
lieu 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 to make up
deficiencies as aforesaid, and then not to
exceed twenty miles from the lands origin
ally granted. The term ''ship'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,





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, no. exceeding an
average of two dollars and fifty cents per
acre for all the lands herein granted


SEC 10 Thar when tha roIlfa n said rail
road and telegraph line shall pass through
the lands of private persons. or where 1t
may be necessary tor 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. H. 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 b.y mortgage, first. on all
or 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 a 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 mort gage, 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 purcha 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 congres
sional. 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
fled and recorded in the Department of the
Interior, which shall be a Sufficient evidence
of their legal execution, and shall confer all
the rights and property OF said COM
pany as therein expressed: and pro-
yided also, that the proceeds OF
the sales of the aforesaid construction
and land bonds shall be applied only in the
operation, and equipment OF
the contemplated railroad line: And pro-
viIed further. That said mortgage shall in
no wise impair or affect any lien existing
on the property of SAID company or COM
panles at orSbetore the time OF such consOi
GatlOn.


SEC. r. 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 tirst-class road in all its appointments.
it shall be the duty OF the Secretary of the
Interior to cause patents to be issued con-
veying to SAID company the number of sec
ticns 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 a map of the same in the
of the Interior. and when the
map is so flied, the Secretary of the ln-
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-one, granting pre-emption
rights. and the acts amendatory there |
to secure homesteads to actual settlers on
the public domain" approved May twenty. |
eighteen hundred and sxty-two. and the
thereto, shall be, and the same
are hereby. extended to all other lands of the
United States on the line of said road when |
except those hereby granted to
said company.


SEC. l3 That the president of the COM
pany shall annually, by the first day OF July.
make a report and file it with the Secretary
Of the Interior, which report shall be under
oath, exhibiting the financial situation of
the company, the amount of money received
and expended, and the number Of miles of
road constructed each year; and further.
the names and residences Of the stock
holders, of the directors, and of all other
officers Of the company, the amount OF stock
subscribed. and the amount thereof actually |