right to construct a branch from the point at which the road strikes the Canadian River eastwardly, along the most suitable route as selected, to a point in the western boundary line of Arkansas, at or near the town of Van Buren, * * * * Branch east ward to near Van Buren, Ark. construction of Materials for construction. Extent of grant SEC. 2. And be it further enacted, That the right of way Right of way through the public lands be, and the same is hereby, public lands for granted to the said Atlantic and Pacific Railroad Com- railroad and telepany, its successors and assigns, for the construction of a graph. railroad and telegraph as proposed; and the right, power, and authority is hereby given to said corporation to take from the public lands adjacent to the line of said road material of earth, stone, timber, and so forth, for the construction thereof. Said way is granted to said railroad to the extent of one hundred feet in width on each side of of right of way. said railroad where it may pass through the public domain, including all necessary grounds for station-buildings, workshops, depots, machine-shops, switches, sidetracks, turn-tables, and water-stations; and the right of Right of way way shall be exempt from taxation within the Territories ation. of the United States. The United States shall extinguish, as rapidly as may be consistent with public policy and the welfare of the Indians, and only by their voluntary cession, the Indian title to all lands falling under the oper- be extinguished. ation of this act and acquired in the donation to the road named in the act. exempt from tax Indian title to granted to the to aid in the con graph. SEC. 3. And be it further enacted, That there be, and Public lands hereby is, granted to the Atlantic and Pacific Railroad corporation Company, its successors and assigns, for the purpose of struction of railaiding in the construction of said railroad and telegraph road and teleline to the Pacific coast, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores, over the route of said line of railway and its branches, 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 said company may adopt, through the Territories of the United States, and ten alternate sections of land per mile on each side of said railroad whenever it passes through any State, and whenever, on the line thereof, the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from pre-emption or other claims or rights, at the time the line of said road is designated by a plat thereof, filed in the office of the commissioner of the general land office; and Lieu lands. whenever, prior to said time, any of said sections or parts of sections shall have been granted, sold, reserved, occupied by homestead settlers, or pre-empted, or otherwise disposed of, other lands shall be selected by said company in lieu thereof, under the direction of the Secretary of the Interior, in alternate sections, and designated by odd numbers, not more than ten miles beyond the limits of said alternate sections, and not including the reserved roads. previous grant. Route on other numbers: Provided, That if said route shall be found upon the line of any other railroad route, to aid in the construction of which lands have been heretofore granted by the United States, as far as the routes are upon the same general line, the amount of land heretofore granted shall be deducted from the amount granted by this act: Road having Provided further, That the railroad company receiving the previous grant of land may assign their interest to said "Atlantic and Pacific Railroad Company," or may consolidate, condeferate, and associate with said company upon the terms named in the first and seventeenth Mineral lands sections of this act: Provided further, That all mineral lands be, and the same are hereby, excluded from the operations of this act, and in lieu thereof a like quantity of unoccupied and unappropriated agricultural lands in odd-numbered sections nearest to the line of said road, and within twenty miles thereof, may be selected as above "Mineral" not provided: And provided further, That the word "mineral," when it occurs in this act, shall not be held to include iron or coal: And provided further, That no money shall be drawn from the treasury of the United States to aid in the construction of the said "Atlantic and Pacific Railroad." excluded. to include iron or coal. Patents issued on completion of of road. SEC. 4. And be it further enacted, That whenever said twenty-five miles Atlantic and Pacific Railroad Company shall have twentyfive consecutive miles of any portion of said railroad and telegraph line ready for the service contemplated, the President of the United States shall appoint three commissioners to examine the same, who shall be paid a reasonable compensation for their services by the company, to be determined by the Secretary of the Interior; and if it shall appear that twenty-five consecutive miles of said. road and telegraph line have been completed in a good. substantial and workmanlike manner, as in all other respects required by this act, the commissioners shall so report under oath, to the President of the United States, and patents of lands, as aforesaid, shall be issued to said company, confirming to said company the right and title to said lands situated opposite to and coterminous with said completed section of said road. And from time to time, whenever twenty-five additional consecutive miles shall have been constructed, completed, and in readiness as aforesaid, and verified by said commissioners to the President of the United States, then patents shall be issued to said company conveying the additional sections of land as aforesaid, and so on as fast as every twenty-five miles of said road is completed as aforesaid." Lands on both sides line of route of road. SEC. 6. And be it further enacted, That the President of the United States shall cause the lands to be surveyed for forty miles in width on both sides of the entire line of said road after the general route shall be fixed, and as fast as may be required by the construction of said railroad; and sections not liable to sale, the odd sections of land hereby granted shall not be liable odd to sale or entry, or pre-emption, before or after they etc. are surveyed, except by said company, as provided in this act; but the provisions of the act of September, eighteen hundred and forty-one, granting pre-emption rights, and the acts amendatory thereof, and of the act entitled "An act to secure homesteads to actual settlers Provisions of homestead act, on the public domain" approved May twenty, eighteen etc. hundred and sixty-two, shall be, and the same are hereby, extended to all other lands on the line of said road when surveyed, excepting those hereby granted to said com cific Railroad connect with At SEC. 18. And be it further enacted, That the Southern Southern PaPacific Railroad, a company incorporated under the laws Company may of the State of California, is hereby authorized to connect lantic and Pa with the said Atlantic and Pacific Railroad, formed under cific. this act, at such point, near the boundary line of the State of California, as they shall deem most suitable for a railroad line to San Francisco, and shall have a uniform gauge and rate of freight or fare with said road; and in consideration thereof, to aid in its construction, shall have similar grants of land, subject to all the conditions Similar grants and limitations herein provided, and shall be required to construct its road on the like regulations, as to time and manner, with the Atlantic and Pacific Railroad herein provided for. Approved, July 27, 1866 (14 Stat., 292). An Act To incorporate the Texas Pacific Railroad Company, and to aid in the construction of its road, and for other purposes. of land. cific Railroad Railroad with Grants, privi SEC. 23. That, for the purpose of connecting the Texas Southern PaPacific railroad with the City of San Francisco, the Company may Southern Pacific Railroad Company of California is here- to connect the by authorized (subject to the laws of California) to con- Texas Pacific struct a line of railroad from a point at or near Tehachapa San Francisco. Pass, by way of Los Angeles, to the Texas Pacific railroad at or near the Colorado river, with the same rights, grants, leges, t and privileges, and subject to the same limitations, restrictions, and conditions as were granted to said Southern Pacific Railroad Company of California, by the act of July twenty-seven, eighteen hundred and sixty-six: Provided, however, That this section shall in no way affect or impair the rights, present or prospective, of the Atlantic and Pacific Railroad Company or any other railroad company. Approved, March 3, 1871 (16 Stat., 579). and Pacific Rail may issue bonds gages. An Act To enable the Atlantic and Pacific Railroad Company to mortgage its road. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, The Atlantic That the Atlantic and Pacific Railroad Company, organroad Company ized under act of Congress of July twenty-seven, eighteen secured by mort- hundred and sixty-six, is hereby authorized to make and issue its bonds in such form and manner, for such sums, payable at such times, and bearing such rate of interest, and to dispose of them on such terms as its directors may deem advisable; and to secure said bonds, the said company may mortgage its road, equipment, lands, franchises, privileges, and other rights and property, subject to such terms, conditions, and limitations as its Proof of execu- directors may prescribe. As proof and notice of the legal tion of mortgage. execution and effectual delivery of any mortgage here grant of lands ad pleted portion of of way. after made by said company, it shall be filed and recorded in the office of the Secretary of the Interior: Provided, That if the company shall hereafter suffer any breach of the conditions of the act above referred to, under which it is organized, the rights of those claiming under any mortgage made by the company to the lands granted to it by said act shall extend only to so much thereof as shall be conterminous with or appertain to that part of said road which shall have been constructed at the time of the foreclosure of said mortgage. Approved, April 20, 1871 (17 Stat., 19). An Act To forfeit the lands granted to the Atlantic and Pacific Railroad Company to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast, and to restore the same to settlement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Forfeiture of That all the lands, excepting the right of way and the Jacent to uncom- right, power, and authority given to said corporation to road except right take from the public lands adjacent to the line of said road material of earth, stone, timber, and so forth, for the construction thereof, including all necessary grounds for station buildings, workshops, depots, machine shops, switches, side-tracks, turn-tables, and water-stations, heretofore granted to the Atlantic and Pacific Railroad Company by an act entitled "An act granting lands to aid in the construction of a railroad and telegraph tine from the States of Missouri and Arkansas to the Pacific coast," approved July twenty-seventh, eighteen hundred and sixty-six, and subsequent acts and joint resolutions of Congress, which are adjacent to and coterminous with the uncompleted portions of the main line of said road, embraced within both the granted and indemnity limits, as contemplated to be constructed under and by the provisions of he said act of July twenty-seventh, eighteen hundred and sixty-six, and acts and joint resolutions subsequent thereto and relating to the construction of said road and telegraph, be and the same are hereby, declared forfeited and restored to the public domain. Approved, July 6, 1886 (24 Stat., 123). The act of March 3, 1897, (29 Stat., 622) defines the rights of purchasers under mortgages authorized by the act of April 20, 1871 (17 Stat., 19). The act of June 27, 1902 (32 Stat., 405) authorizes the Santa Fe Pacific Railroad Company to sell or lease its railroad property and Franchises. OREGON AND CALIFORNIA RAILROAD. An Act Granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific Railroad, in California, to PortLand, in Oregon. gan The California company road and tele tween Portland Central Pacific C. and D. com Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the "California and Oregon Railroad Company," and Oregon R. R. organized under an act of the State of California, to pro- Co. and an Oretect certain parties in and to a railroad survey, "to con- may locate and nect Portland, in Oregon, with Marysville, in California," construct a railapproved April sixth, eighteen hundred and sixty-three, graph line be and such company organized under the laws of Oregon Oregon, and the as the legislature of said State shall hereafter designate, Railroad in Callbe, and they are hereby, authorized, and empowered to fornia. lay out, locate, construct, finish, and maintain a railroad and telegraph line between the city of Portland, in Oregon, and the Central Pacific Railroad, in California, in the manner following, to wit: The said California and What part the Oregon Railroad Company to construct that part of the pany to build. said railroad and telegraph within the State of California, beginning at some point (to be selected by said company) on the Central Pacific Railroad in the Sacramento valley, in the State of California, and running thence northerly through the Sacramento and Shasta valleys, to the northern boundary of the State of California; and the said Oregon company to construct that part of the said railroad and telegraph line within the State of Oregon, beginning at the city of Portland, in Oregon, and running thence southerly through the Willamette, Umpqua, and Rogue River valleys to the southern boundary of Oregon, where the same shall connect with the part aforesaid to be made by the first-named company: Provided, That The company the company completing its respective part of the said may continue railroad and telegraph from either of the termini herein named to the line between California and Oregon before the other company shall have likewise arrived at the same line, shall have the right, and the said company is hereby authorized, to continue in constructing the same beyond the line aforesaid, with the consent of the State first completing |