Year: 1870

wine Is speaking on the part of the United
States. This action is for prize money for YES
sells captured when New Orleans was taken
during the war.


CENTRAL BRANCH UNION PACIFIC RAILROAD
CoMPANY.-The President this morning, trans
mitted to the Senate, in reply to their sDlution
OF the 9Th inst, the following letter from the
Secretary of the Interior in relation to the Cen
trail Branch Union Pacific Railroad Company.
and the claim of that company to continae and
extend its road and to receive in aid of the con-
struction thereof lands and bonds from the
United States:


DEPARTMENT OF THE INTERIOR,
WASHINGTON. d. c., 9th JAM lS79{


SIR: The matter of The claim of the Centra,
Branch Union Pacific 4 abroad Company to the
Mtndrawal OF lands, &C., along the Republican
Eork route In Kansas having been several times
the subject OF consultation in Cabinet, [ deem
It proper to Law before you the action of this
department taken in pursuance OF such con-


The present application is complicated. nv
the fact that the company had presented q sim :
lar one to my predecessor before they had COM
pIeted the construction of the hundred miles of
road which they were authorized to build and
for which Congress had granted them original
subsidy in lands and bonds. 1t Is admitted by
the company that the action OF Mr.. Brow ning
In refusing the withdrawal of lands in the VAL
ley OF the Republican fork was right, SO long as
the company had not yet reached the end of the
hundred miles of their independent line which
was to connect them with the Union Pacific
Railroad, eastern division. They have, how
ever, denied that the action OF the Department
then taken, deciding the question not only
upon the point above stated, but also upon the
merits, was conclusive, although Mr.. Browning
reiterated the opinion in his annual report of 1868
when noticing the completion of the 100 miles of
their road. The weight and ability of the pro-
fessional opinions submitted by the COMPANY i'm
their behalf, justified much caution and consid-
Grafton in reaching conclusion, either upon
the question of the matter being already fully
aad1udicated by the Department or upon that Of
the merits of the right alleged; and have felt
1t my duty to act upon the principle that /
s'ould require a very clear case to be male on
both points before could render decision in
FAVOR OF the company's claim. Such conclusive
ness of reason and freedom from reasonable
doubt have not been able to reach, and have
heretofore made by the Department


In declaring this conclusion, il is due to the
company to say that after full consultation
with the Attorney General both he and myself
were Of the opinion that if the legislation of
ls66 had not been adopted by which the Union
Pacific Railroad Company. eastern division.
was authorized to change its route, and under
valley of the Republican fork to that eff the
Smoky Hill, the Central Branch would. upon
reaching the original point of contemplated
junction in the Republican Valley, have been
entitled to 60 on with the construction of the
road up that valley if the eastern division had
failed to meet them there, and would have been
entitled to the benefits of the provisions OF sec
VI Sixteen of the act Of July 2, 1854


1t is also due to the Central Branch Comnanv
to say that they have filed i'm this Department eyi-
dence tending to show that prior to the desig-
nation OF the route OF the East IN division up
the Smoky Hill fork, under the act OF 1866, thev
Qhe Central Branch Company had contracted
br the building Of their road ON the originally
proposed route to the Republican fork, under
valley.


These statements, however, bear only upon
the general equity of their ciaim in my judg-
ment; and however powerful they might be as
motives for legislative relief have not Controlled
the view have taken of the legal rights fixed
by the legislation Of 1866, and the change of
route OF the Eastern Division under that legis-
latl0n as supplementary to and extensive Of that
Of 1sCi


Very respectfully, your obedient servant,


j. ID. Cox, Secretary.