located: And provided further, That at least twenty-five miles of said extension shall be constructed before the second day of July, eighteen hundred and seventy-one, and forty miles per year thereafter until the whole of said extension shall be completed.

16 Stat., 378

bonds for con

road.

corded in the

terior.

bia River, with a

Sound.

RESOLUTION OF MAY 31, 1870.

No. 67.-A RESOLUTION authorizing the Northern Pacific Railroad Company to issue its bonds for the construction of its road and to secure the same by mortgage, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Northern Pacific Railroad Authorized to Company be, and hereby is, authorized to issue its bonds to aid in the issue mortgage construction and equipment of its road, and to secure the same by struction and mortgage on its property and rights of property of all kinds and equipment of descriptions, real, personal, and mixed, including its franchises as a corporation; and, as proof and notice of its legal execution and effectMortgage to ual delivery, said mortgage shall be filed and recorded in the office of be filed and re- the Secretary of the Interior; and also to locate and construct, under office of the Sec- the provisions and with the privileges, grants, and duties provided for retary of the In- in its act of incorporation, its main road to some point on Puget Sound, via the valley of the Columbia River, with the right to locate and conAuthorized to struct its branch from some convenient point on its main trunk line locate its main across the Cascade Mountains to Puget Sound; and in the event of road via Colum- there not being in any State or Territory in which said main line or branch across the branch may be located, at the time of the final location thereof, the Cascade Moun- amount of lands per mile granted by Congress to said company, within tains to Puget the limits prescribed by its charter, then said company shall be entitled, under the directions of the Secretary of the Interior, to receive so many Limits within sections of land belonging to the United States, and designated by odd which indem- numbers, in such State or Territory, within ten miles on each side of nity lands may be obtained in-said road, beyond the limits prescribed in said charter, as will make up creased ten such deficiency, on said main line or branch, except mineral and other miles, being sixty lands as exempted in the charter of said company of eighteen hundred miles on each side of the road. and sixty-four, to the amount of the lands that have been granted, sold, reserved, occupied by homestead settlers, preempted, or otherwise disposed of subsequent to the passage of the act of July two, eighteen hundred and sixty-four, and that twenty-five miles of said main line between its western terminus and the city of Portland, in the State of Oregon, shall be completed by the first day of January, anno Domini eighteen hundred and seventy-two, and forty miles of the remaining portion thereof each year thereafter until the whole shall be Company's completed between said points: Provided, That all lands hereby granted lands unsold and to said company which shall not be sold or disposed of or remain subsubject to settle- ject to the mortgage by this act authorized, at the expiration of five ment at not over years after the completion of the entire road, shall be subject to set$2.50 per acre five tlement and preemption like other lands, at a price to be paid to said years after completion of the en- company not exceeding two dollars and fifty cents per acre; and if the mortgage hereby authorized shall at any time be enforced by foreclosure or other legal proceeding, or the mortgaged lands hereby granted, or any of them, be sold by the trustees to whom such mortgage may be executed, either at its maturity or for any failure or default of said company under the terms thereof, such lands shall be sold at public sale, at places within the States and Territories in which they shall be American iron situate, after not less than sixty days' previous notice, in single secor steel, manu- tions or subdivisions thereof, to the highest and best bidder: Provided American ores further, That in the construction of the said railroad American iron or exclusively, shall steel only shall be used, the same to be manufactured from American only be used. ores exclusively.

not mortgaged

tire road.

factured from

Congress

re

SEC. 2. And be it further resolved, That Congress may at any time serves the right to alter or amend this joint resolution, having due regard to the rights alter or amend. of said company and any other parties.

LAWS RELATING TO THE ATLANTIC AND PACIFIC RAIL

ROAD.

ACT OF JULY 27, 1866.

AN ACT granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast.

*

14 Stat., 292.

Company incor

from Canadian

Be it enacted by the Senate and House of Representatives of the United Atlantic and States of America in Congress assembled, That John B. Brown, Anson P. Pacific Railroad Morrill, Samuel F. Hersey, William G. Crosby, Samuel E. Spring, Sam- porated. uel P. Dinsmore, of Maine; * * and all such other persons who shall or may be associated with them, and their successors, are hereby created and erected into a body corporate and politic, in deed and in law, by the name, style, and title of the "Atlantic and Pacific Railroad Name. Company," and by that name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal. And said corporation is hereby authorized and empowered to lay out, locate, and construct, furnish, Empowered to maintain, and enjoy, a continuous railroad and telegraph line, with the layout, construct, and enjoy appurtenances, namely: Beginning at or near the town of Springfield, a continuous in the State of Missouri, thence to the western boundary line of said railroad and telState, and thence by the most eligible railroad route as shall be deter-egraph line. From Springmined by said company to a point on the Canadian River, thence to the field, Mo., via town of Albuquerque, on the River Del Norte, and thence by way of Albuquerque, N. the Agua Frio, or other suitable pass, to the head waters of the Colorado Mex., along the 35th parallel of Chiquito, and thence, along the thirty-fifth parallel of latitude as near latitude, to the as may be found most suitable for a railway route, to the Colorado Pacific. River, at such point as may be be selected by said company for crossing; thence, by the most practicable and eligible route, to the Pacific. The said company shall have the right to construct a branch from the point Right to conat which the road strikes the Canadian River eastwardly, along the struct a branch most suitable route as selected, to a point in the western boundary line River to a point of Arkansas, at or near the town of Van Buren. And the said com- near Van Buren, pany is hereby vested with all the powers, privileges, and immunities Ark. necessary to carry into effect the purposes of this act, as herein set forth. The capital stock of said company shall consist of one million Capital stock, shares of one hundred dollars each, which shall in all respects be $100,000,000. deemed personal property, and shall be transferable in such manner as the laws of said corporation shall provide. The persons hereinbefore named are hereby appointed commissioners, and shall be called the board of commissioners of the "Atlantic and Pacific Railroad Company," and fifteen shall constitute a quorum for the transaction of business. The first meeting of said board of commissioners shall be held at the Turner Hall, in the city of Saint Louis, on the first day of October, anno Domini eighteen hundred and sixty-six, or at such time within three months thereafter as any ten commissioners herein named from Missouri shall appoint, notice of which shall be given by them to the other commissioners by publishing said notice in at least one daily newspaper in the cities of Boston, New York, Cincinnati, Saint Louis, Memphis, and Nashville, once a week for at least four weeks previous to the day of meeting. Said board shall organize by the choice from its number of a president, vice-president, secretary, and treasurer, and they shall require from said treasurer such bonds as may be deemed proper, and may from time to time increase the amount thereof, as they may deem proper. The secretary shall be sworn to the faithful performance of his duties, and such oath shall be entered upon the records of the company, signed by him, and the oath verified thereon. The president and secretary of said boards shall, in President and like manner, call other meetings, naming the time and place thereof. secretary to call It shall be the duty of said board of commissioners to open books, or Duty of the cause books to be opened, at such times and in such principal cities or board of commisother places in the United States as they or a quorum of them shall sioners to open determine, within twelve months after the passage of this act, to scriptions to receive subscriptions to the capital stock of said corporation, and a stock. cash payment of ten per centum on all subscriptions, and to receipt therefor. So soon as ten thousand shares shall in good faith be subscribed for, and ten dollars per share actually paid into the treasury of the company, the said president and secretary of said board of com

Board of commissioners

pointed.

ap

First meeting

of commissioners to be held in St.

Louis, Mo.

Organization of

board.

other meetings.

books for sub

stock.

First meeting missioners shall appoint a time and place for the first meeting of the of subscribers to subscribers to the stock of said company, and shall give notice thereof in at least one newspaper in each State in which subscription books have been opened, at least fifteen days previous to the day of meeting, and such subscribers as shall attend the meeting so called, either in Thirteen direc- person or by lawful proxy, then and there shall elect, by ballot, thirtors to be elected teen directors for said corporation; and in such election each share of by stockholders. said capital stock shall entitle the owner thereof to one vote. The

to deliver over to

president and secretary of the board of commissioners, and in case of their absence or inability any two of the officers of said board, shall act as inspectors of said election, and shall certify, under their hands, Commissioners the names of the directors elected at said meeting. And the said comthe directors all missioners, treasurer, and the secretary shall then deliver over to said the moneys.prop- directors all the moneys, properties, subscription books, and other erties, books, &c. books in their possession, and thereupon the duties of said commissioners and the officers previously appointed by them shall cease and determine forever, and thereafter the stockholders shall constitute Annual meet- said body politic and corporate. Annual meetings of the stockholders ings of stock- of the said corporation for the choice of officers (when they are to be chosen), and for the transaction of business, shall be holden at such time and place and upon such notice as may be prescribed in the bylaws.

holders.

Grant of right of way.

Authority

cent lands mate

con

SEC. 2. And be it further enacted, That the right of way through the public lands be, and the same is hereby, granted to the said Atlantic and Pacific Railroad Company, its successors and assigns, for the conto struction of a railroad and telegraph as proposed; and the right, take from adja- power, and authority is hereby given to said corporation to take from rials for the public lands adjacent to the line of said road material of earth, struction. stone, timber, and so forth, for the construction thereof. Said way is Right of way granted to said railroad to the extent of one hundred feet in width 100 feet in width on each side of on each side of said railroad where it may pass through the public said railroad. domain, including all necessary grounds for station-buildings, workRight of way shops, depots, machine-shops, switches, side-tracks, turn tables, and exempt from tax- water-stations; and the right of way shall be exempt from taxation

ation.

within the Territories of the United States. The United States shall Indian titles to extinguish, as rapidly as may be consistent with public policy and the be extinguished welfare of the Indians, and only by their voluntary cession, the Indian United title to all lands falling under the operation of this act and acquired in the donation of the road named in the act.

by the States.

Grant of lands.

Twenty sec

the States.

SEC. 3. And be it further enacted, That there be, and hereby is, granted to the Atlantic and Pacific Railroad Company, its successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line 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 numForty sections bers, to the amount of twenty alternate sections per mile, on each side per mile in the of said railroad line, as said company may adopt, through the TerritoTerritories. ries of the United States, and ten alternate sections of land per mile tions per mile in 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 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 Other lands of, other lands shall be selected by said company in lieu thereof, under may be selected the direction of the Secretary of the Interior, in alternate sections, and in lieu of those designated by odd numbers, not more than ten miles beyond the limits Land limits. of said alternate sections, and not including the reserved numbers: If route is upon Provided, That if said route shall be found upon the line of any other the line of any railroad route, to aid in the construction of which lands have been former grant heretofore granted by the United States, as far as the routes are upon shall be deduct- the same general line, the amount of land heretofore granted shall be Road having deducted from the amount granted by this act: Provided further, That previous grant the railroad company receiving the previous grant of land may assign may assign. their interest to said "Atlantic and Pacific Railroad Company," or may

reserved.

other aided road

ed.

ed.

consolidate, confederate, and associate with said company upon the "Mineral" terms named in the first and seventeenth sections of this act: Provided lands not grantfurther, That all mineral lands be, and the same are hereby, excluded Agricultural from the operations of this act, and in lieu thereof a like quantity of lands in lieu of unoccupied and unappropriated agricultural lands in odd-numbered mineral lands. sections nearest to the line of said road, and within twenty miles thereof, may be selected as above 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."

"Mineral" does not include iron

or coal.

Commissioners

SEC. 4. And be it further enacted, That whenever said Atlantic and Pacific Railroad Company shall have twenty-five 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 The President commissioners to examine the same, who shall be paid a reasonable to appoint three compensation for their services by the company, to be determined by to examine road. 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 workman-like manner, as in all other respects required by this act, the commissioners shall so report under Commissioners oath, to the President of the United States, and patents of lands, as oath, to the Presaforesaid, shall be issued to said company, confirming to said company ident. 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.

to report, under

"first-class" rail

Rails to be of

Gauge to be

SEC. 5. And be it further enacted, That said Atlantic and Pacific Railroad shall be constructed in a substantial and workmanlike manner, Road to be conwith all the necessary draws, culverts, bridges, viaducts, crossings, structed as a turn-outs, stations, and watering places, and all other appurtenances, road. including furniture and rolling stock, equal in all respects to railroads of the first-class when prepared for business, with rails of the best qual-American iron. ity, manufactured from American iron. And a uniform gauge shall be established throughout the entire length of the road. And there shall uniform. be constructed a telegraph line, of the most substantial and approved condition as to Telegraph line. description, to be operated along the entire line: Provided, That the charges for Govsaid company shall not charge the Government higher rates than they ernment transdo individuals for like transportation and telegraphic service. And it portation and telshall be the duty of the Atlantic and Pacific Railroad Company to per- Other roads mit any other railroad which shall be authorized to be built by the may form runUnited States, or by the legislature of any Territory or State in which ning connections on equitable the same may be situated, to form running connections with it, on fair terms. and equitable terms.

egraphic service.

Lands to be

as construction

SEC. 6. And be it further enacted, That the President of the United surveyed as fast 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 of road may refixed, and as fast as may be required by the construction of said rail- quire. road; and the odd sections of land hereby granted shall not be liable to sale or entry, or pre-emption, before or after they are surveyed, except by said company, as provided in this act; but the provision of the act of September, eighteen hundred and forty-one, granting pre-emption rights, and the act amendatory thereof, and of the act entitled “An act to secure homesteads to actual settlers on the public domain," approved May twenty, eighteen 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 company. SEC. 7. And be it further enacted, That the said Atlantic and Pacific Railroad Company be, and is hereby, authorized and empowered to enter upon, purchase, take and hold any lands or premises that may be necessary and proper for the construction and working of said road, not exceeding in width one hundred feet on each side of the line of its railroad, unless a greater width be required for the purposes of excavation or embankment; and also any lands or premises that may be

Authorizes

company to take any lands necessary for construc

tion of its road.

100 feet on each side.

commissioners.

Procedure.

Lands for turn- necessary and proper for turn-outs, standing places for cars, depots, outs, depots, &c. station-houses, or any other structures required in the construction and working of said road. And the said company shall have the right to cut and remove trees and other material that might, by falling, incumber its road-bed, though standing or being more than two hundred feet from the line of said road. And in case the owner of such lands or premises and the said company can not agree as to the value of the premises taken, or to be taken, for the use of said road, the value thereof shall be determined by the appraisal of three disinterested comDamages to be missioners, who may be appointed upon application by either party to determined by any court of record in any of the Territories in which the lands or premises to be taken lie; and said commissioners, in their assessment of damages, shall appraise such premises at what would have been the value thereof if the road had not been built. And upon return into court of such appraisement, and upon the payment into the same of the estimated value of the premises taken for the use and benefit of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. And either party feeling aggrieved at said appraisement may, within thirty days after the same has been returned into court, file an appeal therefrom, and demand a jury of twelve men to estimate the damage sustained; but such appeal shall not interfere with the rights of said company to enter upon the premises taken, or to do any act necessary and proper in the construction of its road. And said party appealing shall give bonds, with sufficient surety or sureties, for the payment of any cost that may arise upon such appeal; and in case the party appealing does not obtain a verdict more favorable, such party shall pay the whole cost incurred by the appellee,as well as his own, and the payment into court, for the use of the owner of said premises taken, at a sum equal to that finally awarded, shall be held to vest in said company the title of said land, and the right to use and occupy the same for the construction, maintenance and operation of said road. And in case any of the lands to be taken as aforesaid shall be held by an infant, femme covert, non compos, insane person, or persons residWhat proceeding without the territory within which the lands to be taken lie, or ings in cases of persons subjected to any legal disability, the court may appoint a lands held by guardian, for any party under disqualification, to appear in proper ject to any legal person, who shall give bonds, with sufficient surety or sureties, for the disability. proper and faithful execution of his trust, and who may represent in court the person disqualified, as aforesaid, from appearing when the same proceedings shall be had in reference to the appraisement of the premises to be taken for the use of said comdany, and with Other proceed- the same effect as has been already described; and the title of the ings. company to the lands taken by virtue of this act shall not be affected or impaired by reason of any failure by any guardian to discharge faithProceedings fully his trust. And in case any party shall have a right or claim to when lands are any land for a term of years, or any interest therein, in possession, unoccupied. reversion, or remainder, the value of any such estate, less than a feesimple, shall be estimated and determined in the manner herein before set forth. And in case it shall be necessary for the company to enter upon any lands which are unoccupied, and of which there is no apparent owner or claimant, it may proceed to take and use the same for the purposes of said railroad, and may institute proceedings, in manner described, for the purpose of ascertaining the value of and of acquiring a title to the same; but the judge of the court hearing said suit shall determine the kinds of notice to be served on such owner or owners, and he may in his discretion appoint an agent or guardian to represent such owner or owners in case of his or their incapacity or non-appearClaims barred ance. But in case no claimant shall appear within six years from the if not made with- time of the opening of said road across any land, all claim to damages in six years. against said company shall be barred.

any person sub

tain conditions.

Grants made SEC. 8. And be it further enacted, That each and every grant, right, subject to cer- and privilege herein are so made and given to and accepted by said Whole road to Atlantic and Pacific Railroad Company, upon and subject to the followbe completed by ing conditions, namely: That the said company shall commence the July 4, 1878. work on said road within two years from the approval of this act by the President, and shall complete not less than fifty miles per year after the second year, and shall construct, equip, furnish, and complete the