entitled "An act to secure homesteads to actual settlers on the public domain," approved May twenty, eighteen hundred and sixty-two, and the amendments thereto, shall be, and the same are hereby, extended to all other lands of the United States on the line of said road when surveyed, except those hereby granted to said company.

Annual report,

SEC. 13. That the president of the company shall annually, by the when and where first day of July, make a report and file it with the Secretary of the to be made, and Interior, which report shall be under oath, exhibiting the financial to state what. 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 stockholders, of the directors, and of all other officers of the company, the amount of stock subscribed, and the amount thereof actually paid in, a description of the lines of road surveyed and fixed upon for construction, the amount received from passengers and for freight, respectively, on the road, a statement of the expenses of said road and its fixtures, and a true statement of the indebtedness of said company and the various kinds thereof.

all lands mort

Other railroad

SEC. 14. That the certificates of the capital stock must be signed by Certificates of capital stock to the president and secretary, and attested by the seal of the company, be signed by the and shall contain an extract from the proceedings of the board of presidentand directors fixing the amount thereof, as well as from this act, author- secretary. Bonds and izing such issue. All the bonds and mortgages issued by said company mortgages. must be signed by the president and secretary, and attested by the Bonds and inseal of said company, and shall contain an extract from the law terest payable in gold. authorizing them to be issued. The face value of said bonds shall be Limitation as one thousand dollars in gold, and shall be redeemable at such times, to construction and to bear such rate of interest, payable semi-annually in gold, as bonds,, $30,000 per mile. may be determined by the directors. The total value of the construc- Land bonds tion bonds to be issued shall not exceed thirty thousand dollars per not to exceed mile of said railroad, and the total face value of the land bonds shall $2.50 per acre for not exceed two dollars and fifty cents per acre for all lands mortgaged; gaged. the total amount of each to be determined by the board of directors. SEC. 15. That all railroads constructed, or that may be hereafter constructed, to intersect said Texas Pacific Railroad, shall have a right to connect with that line; that no discrimination as regards charges for nation freight or passengers, or in any other matter, shall be made by said any connectTexas Pacific Railroad Company against any of the said connecting roads; but that the same charges per mile as to passengers, and per ton per mile as to freight, passing from the said Texas Pacific Railroad over any of said connecting roads, or passing from any of said connecting roads over any part of said Texas Pacific Railroad, shall be made by said company as they make for freight and passengers over their own road: Provided also, That said connecting roads shall reciprocate said right of connection and equality of charges with said Texas Pacific Rates not to exceed the prices Railroad: And provided further, That the rates charged for carrying fixed by Conpassengers and freight, per mile, shall not exceed the prices which may gress on the be fixed by Congress for carrying passengers and freight on the Union Union and CenPacific and Central Pacific railroads.

SEC. 16. That said road shall be constructed of iron or steel rails manufactured from American ore, except such as may have heretofore been contracted for by any railroad company which may be purchased or consolidated with by the company hereby incorporated, as provided by this act.

may connect. No discrimiagainst

ing roads.

tral Pacific.

Iron or steel rails from American ore.

Corporation to

simultaneously

be built within

SEC. 17. That the said Texas Pacific Railroad Company shall com- commence conmence the construction of its road simultaneously at San Diego, in the struction of road State of California, and from a point at or near Marshall, Texas, as at San Diego and herein before described, and so prosecute the same as to have at least Marshall. fifty consecutive miles of railroad from each of said points complete Fifty miles to and in running order within two years after the passage of this act; two years. and to so continue to construct each year thereafter a sufficient num- To be comber of miles to secure the completion of the whole line from the afore- pleted in ten said point on the eastern boundary of the State of Texas to the Bay of Years, Upon failure, San Diego, in the State of California, as aforesaid, within ten years Congress may after the passage of this act; and upon failure to so complete it Con- adopt measures gress may adopt such measures as it may deem necessary and proper cure speedy comto secure its speedy completion.

necessary to se

pletion.

missioner to ex

President to SEC. 18. That the President of the United States, upon the compleappoint one com- tion of the first section of twenty miles, shall appoint one commisamine sections of sioner, whose duty it shall be to examine the various sections of twenty miles as twenty miles as they shall be completed, and report thereon to him in completed.

Railroad de

road.

writing; and if, from such report, he be satisfied that said company has fully completed each section of its road, as in this act provided, he shall direct the Secretary of the Interior to issue patents to said company for the lands it is entitled to under this act, as fast as each section of said road is completed.

SEC. 19. That the Texas Pacific Railroad Company shall be, and it clared to be a is hereby, declared to be a military and post-road; and for the purpose military post of insuring the carrying of the mails, troops, munitions of war, supplies, and stores of the United States, no act of the company nor any Transportation law of any State or Territory shall impede, delay, or prevent the said for the United company from performing its obligations to the United States in that States not to be regard: Provided, That said road shall be subject to the use of the impeded. Fair and rea- United States for postal, military, and all other Governmental services, sonable rates of at fair and reasonable rates of compensation, not to exceed the price compensation. paid by private parties for the same kind of service, and the Government shall at all times have the preference in the use of the same for the purpose aforesaid.

road.

No directors to SEC. 20. That it shall not be lawful for any of the directors, either contract for con- in their individual capacity or as members of an incorporated or joint structing, &c., any part of the stock company, to make any contracts or agreements with the said Texas Pacific Railroad Company for the construction, equipment, or running of its road, or to have any interest therein; and all such contracts or agreements are hereby declared null and void; and all money or property received under such contracts or agreements may be recovered back for the benefit of the company by any stockholder.

Railroad com

this road.

SEC. 21. That any railroad company whose route lies across the route panies may cross of the Texas Pacific Railroad may cross the same, and for the purpose May have lands of crossing shall have the right to acquire at the double minimum for right of way price all lands, whether of the United States or granted by this act, and for depots at which shall be needed for a right of way two hundred feet wide through a certain price. said lands, and for depots, stations, side-tracks, and other needful purposes, not exceeding for such purposes forty acres at any one station. New Orleans, SEC. 22. That the New Orleans, Baton Rouge, and Vicksburg RailBaton Rouge and road Company, chartered by the State of Louisiana, shall have the Vicksburg Railroad Company right to connect by the most eligible route to be selected by said commay connect pany with the said Texas Pacific Railroad at its eastern terminus, with this road. and shall have the right of way through the public land to the same Grant of right of way. extent granted hereby to the said Texas Pacific Railroad Company; Grant of lands, and in aid of its construction from New Orleans to Baton Rouge, to aid in its con- thence by the way of Alexandria, in said State, to connect with the 20 sections per said Texas Pacific Railroad Company at its eastern terminus, there is mile in the State hereby granted to said company, its successors and assigns, the same number of alternate sections of public lands per mile, in the State of Louisiana, as are by this act granted in the state of California, to said Texas Pacific Railroad Company; and said lands shall be withdrawn from the market, selected, and patents issued therefor, and opened for settlement and pre-emption, upon the same terms and in the same manner, and time, as is provided for and required from said Texas Pacific Railroad Company, within said State of California: Provided, completed with- That said company shall complete the whole of said road within five in five years. years from the passage of this act.

struction.

of Louisiana.

Lands to be withdrawn from markets, etc.

Roads to be

pany may con

Southern Paci- SEC. 23. That, for the purpose of connecting the Texas Pacific Railfic Railroad Com- road with the city of San Francisco, the Southern Pacific Railroad struct a road to Company of California is hereby authorized (subject to the laws of connect the Tex- California) to construct a line of railroad from a point at or near Tehaas Pacific Rail- chapa Pass, by way of Los Angeles, to the Texas Pacific Railroad at road with San Francisco. or near the Colorado River, with the same rights, grants, and priviProviso that leges, and subject to the same limitations, restrictions, and conditions right of Atlantic as were granted to said Southern Pacific Railroad Company of Caliroad Co. shall be fornia, by the Act of July twenty-seven, eighteen hundred and sixtyin no way im- six: Provided, however, That this section shall in no way affect or impair paired. the rights, present or prospective of the Atlantic and Pacific Railroad Company, or any other railroad company.

and Pacific Rail

ACT OF MAY 2, 1872.

AN ACT supplementary to an act entitled "An act to incorporate the Texas Pacific Railroad Company, and to aid in the construction of its Road, and for other purposes," approved March third, eighteen hundred and seventy-one.

17 Stat., 59. 1871, ch. 122, vol, xvi, p. 573.

Name changed

from "Texas Pa

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the name, style, and title cific Railr'd Co." of the Texas Pacific Railroad Company shall hereafter be "The Texas to "Texasand Paand Pacific Railway Company; " and the said The Texas and Pacific cific Rail'y Co." Railway Company shall have, possess, and enjoy all the rights, privi- The rights, leges, and franchises heretofore conferred upon the said Texas Pacific franchises conprivileges, and Railroad Company.

ferred.

struction and land bonds.

ceed $40,000 per

may be included

bonds.

act.

said

SEC. 2. That the said The Texas and Pacific Railroad Company shall May issue conhave power and authority to issue the construction and land bonds authorized by the eleventh section of said act of incorporation, for such Construction amounts, not exceeding forty thousand dollars per mile of said road, of bonds not to exconstruction bonds, as said company may deem needful to provide for mile. (See sec. 14 the construction and equipment of its line, and to include in the mort- of prior act.) gage or mortgages to secure said construction bonds all or any portion Granted lands of the lands granted in aid of the construction of said railroad; and in in the mortgage the mortgage or mortgages to secure said land bonds, any portion of said to secure lands not so used to secure the construction bonds aforesaid; and all or construction any portion of the lands acquired by the terms of consolidation law- Land bonds, fully authorized by the fourth section of said act of March third, how secured. eighteen hundred and seventy-one, with any railroad company or companies to whom grants of land may have been made, or may hereafter be made, by any Congressional, State, or Territorial authority, or who may have purchased the same previous to any such arrangement or consolidation, and within the time limited for the completion of the road, and all such lands of every description shall be subject to all limitations and conditions now by law existing in relation thereto, and No land grant revived, enlargas modified by this act; and this act shall not be construed to revive, ed, extended, or enlarge, extend, or create any land grant whatever, beyond that here- created by this tofore granted by Congress, and which shall duly inure to said company upon compliance with the terms of this act in relation to the times fixed for completion of said railway, and all such mortgages shall be subject to all the conditions and limitations by law existing under this act and the acts to which it is supplementary in respect of such lands, and shall not be held to vest any title in the mortgage or create any lien on such lands, other than such company is or may become lawfully entitled to vest or create thereunder; but the amount of said Amount of land land bonds shall not exceed two and a half dollars per acre for all lands bonds not to exceed, &c. covered by the mortgage or mortgages securing the same. SEC. 3. That all the mortgages made and executed by said railroad, Mortgages shall be filed and recorded in the Department of the Interior, corded in theD ebe filed, and recompany which shall be a sufficient evidence of their legal execution: Provided, partment of the That the aforesaid bonds and the authorized capital stock, or the pro- Interior. ceeds thereof, shall be applied only for the purpose of securing the con- bonds and stock, struction, operation, and equipment of the contemplated railroad line, how only to be under lawful contract with such parties, and on such terms and condi- applied. tions as said company may deem needful, and for the further purpose of purchase, consolidation, completion, equipment, and operating of the other roads, as contemplated by said act and specified therein, being a part of the aforesaid railroad line, and for the expenses neces- Standard of sary and incident to the works authorized thereby: Provided, however, road and equipThat said road and its equipment shall be of the standard heretofore ment to be same required by the United States Government for the existing Pacific as required of the existing PaRailway lines; And provided further, That said mortgage or mortgages cific Railways. shall in no wise impair or affect any lien existing on the property of Prior lines not said company or companies at or before the time of such consolidation, affected.

to

Proceeds of

The iron or

SEC. 4. That said road shall be constructed of iron or steel rails steel rails to be manufactured from American ore, except such as may have been con- made from Amertracted for before consolidation by any railroad company which may ican ore, except, be purchased by or consolidated with this company.

&c.

Construction of

SEC. 5. That the said Texas and Pacific Railway Company shall com- road to be commence the construction of its road at or near Marshall, Texas, and pro- menced where, ceed with its construction under the original act and this supplement, tinued in what and to be conor in pursuance of the authority derived from any consolidation as direction.

tive miles to be

aforesaid, westerly from a point near Marshall, and towards San Diego, in the State of California, on the line authorized by the original act, 100 consecu- and so prosecute the same as to have at least one hundred consecutive in running order miles of railroad from said point complete and in running order within within two years. two years after the passage of this act; and so continue to construct, 100 miles each each year thereafter, a sufficient number of miles, not less than one year thereafter. hundred, to secure the completion of the whole line from the aforesaid

be built.

adopt measures

point on the eastern boundary of the State of Texas to the bay of San Diego, in the State of California, as aforesaid, within ten years after the passage of this act; and said road from Marshall, Texas, throughout the length thereof, shall be of uniform gauge: Provided, however, That Time of com- the said company shall commence the construction of said road from pletion, 10 years San Diego eastward within one year from the passage of this act, and from May 2, 1872. Uniform gauge. construct not less than ten miles before the expiration of the second Road from San year, and, after the second year, not less than twenty-five miles per Diego eastward, when and how to annum in a continuous line thereafter between San Diego and the Colorado River, until the junction is formed with the line from the east at the latter point or east thereof; and upon failure to so complete it Upon failure, Congress may adopt such measures as it may deem necessary and proper Congress my to secure its speedy completion; and it shall also be lawful for said necessary to se- company to commence and prosecute the construction of its line from cure speedy com- any other point or points on its line; but nothing in this act contained pletion. shall be so construed as to authorize the grant of any additional lands or subsidy, of any nature or kind whatsoever, on the part of the GovRoad between ernment of the United States: Provided, That said Texas and Pacific Marshall and Railway Company shall be, and is hereby, authorized and required to Shreveport to be controlled and construct, maintain, control, and operate a road between Marshall, operated by Tex- Texas, and Shreveport, Louisiana, or control and operate any existing road between said points, of the same gauge as the said Texas and Pacific Railroad; and that all roads terminating at Shreveport shall have the right to make the same running connections, and shall be entitled to the same privileges, for the transaction of business in connection with the said Texas and Pacific Railway, as are granted to roads intersecting therewith: Provided further, That nothing herein shall be construed as changing the terminus of said Texas and Pacific Railway from Marshall as provided in the original act.

as and Pacific.

Repealing

clause.

SEC. 6. That all acts or parts of acts inconsistent with this supplement be, and the same are hereby, repealed.

17 Stat., 598. 1871, ch. 122, vol. XVI, p. 573.

Face value of bonds hereafter

or other lawful

ACT OF MARCH 3, 1873.

AN ACT supplemental to an act entitled "An act to incorporate the Texas Pacific Railroad Company, and to aid in the construction of its road, and for other purposes," approved March third, eighteen hundred and seventy-one.

Be it enacted by the Senate and House of Representatives of the United issued by Texas States of America in Congress assembled, That the face value of all bonds and Pacific Rail- hereafter issued by the Texas and Pacific Railroad [Railway] Company, way Company under the provisions of an act approved March third, eighteen hundred may be in gold and seventy-one, shall, at the option of the company, be either in gold or other lawful money of the United States, bearing interest, at like option of the company, either in gold or other lawful money of the Former mort- United States; and any mortgage heretofore executed by said company, gages legalized, If other require' securing bonds payable in any lawful money of the United States other ments of law than gold, and the bonds recited therein, and to secure which said have been com- mortgage was given, are hereby legalized, and said mortgage and plied with.

money.

bonds shall have the same effect as though they had been authorized by the act to which this is a supplement: Provided, That in all respects the requirements of that law in regard to such mortgage and bonds have been fully complied with.

ACT OF JUNE 22, 1874.

AN ACT supplementary to an act entitled "An act to incorporate the Texas Pacific Railroad Company, and to aid in the construction of its road, and for other purposes."

13 Stat., 197. 1871, ch.122, vol. XIV, pp. 573, 579.

thorized to secure

To cancel mort

mortgages au

Be it enacted by the Senate and House of Representatives of the United Texas and PaStates of America in Congress assembled, That the Texas and Pacific Rail- cific Railway way Company is hereby empowered to secure, by one or more mort- Company a ugages upon the whole or any portion of its line, the construction bonds construction heretofore authorized to be issued, and to cancel the mortgage now on bonds by new record with the Secretary of the Interior so far as the same can be done mortgages. without prejudice to existing rights, and to substitute therefor the gage on record mortgage or mortgages hereby authorized, which substituted mort- with Secretary of gages shall expressly reserve all rights which may have been acquired the Interior. under the existing mortgage: Provided, That the aggregate of the said bonds to be issued under and secured by said mortgage or mortgages To substitute shall not exceed the limits heretofore fixed by Congress; and said thorized by this mortgages for the division east of Fort Worth shall embrace the roads act. and property of the Southern Pacific Railroad Company and of the fore fixed not to Southern Trans-continental Railway Company, heretofore merged in be exceeded. and consolidated with the said Texas and Pacific Railway Company, What under the authority and requirements of the laws of the State of Texas; mortgages shall and which roads so merged as aforesaid shall for that and all other Consolid a ted purposes be deemed and taken to be a part of the said Texas and Pacific roads, how to be Railway, and shall, hereafter, be subject to all the provisions and limitations of the act of Congress incorporating said company and of the supplements thereto: And provided further, That nothing in this act shall be construed or have the effect to entitle said corporation to any other or further rights to public lands, or in any other respect as against No other or further rights the United States, than such as by law it is now entitled to. granted.

Limit hereto

embrace.

deemed.

new

On July 7, 1898, Congress enacted the following, which was one of the provisions of the general deficiency bill:

"SETTLEMENT WITH THE CENTRAL PACIFIC AND WESTERN PACIFIC RAILROADS: That the Secretary of the Treasury, the Secretary of the Interior, and the Attorney-General, and their successors in office, be, and they are hereby, appointed a commission with full power to settle the indebtedness to the Government growing out of the issue of bonds in aid of the construction of the Central Pacific and Western Pacific bond-aided railroads, upon such terms and in such manner as may be agreed upon by them, or by a majority of them, and the owners of said railroads: Provided, That any and all settlements thus made shall be submitted in writing to the President for his approval or disapproval, and unless approved by him shall not be binding.

"That said commission shall not agree to accept a less sum in settlement of the amount due the United States than the full amount of the principal and interest and all amounts necessary to reimburse the United States for moneys paid for interest or otherwise: And also provided, That said commission are hereby empowered to grant such time or times of payment by installment, and at such rates of interest, to be not less than three per centum per annum, payable semiannually, and with such security as to said commission may seem expedient: Provided, however, That in any settlement that may be made the final payment and full discharge of said indebtedness shall not be postponed to exceed ten years and the whole amount, principal and interest, shall be paid in equal semiannual installments within the period so limited, and in any settlement made it shall be provided that if default shall be made in any payment of either principal or interest or any part thereof then the whole sum and all installments, principal and interest, shall immediately become due and payable, notwithstanding any other stipulation of said settlement: Provided further, That unless the settlement herein authorized be perfected within one year after the passage of this act, the President of the United States shall at once proceed to foreclose all liens now held by the United States against said railroad companies and to collect the indebtedness herein sought to be settled, and nothing in this act contained shall be held to waive or release any right, lien, or cause of action already held by the United States. "That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of twenty thousand dollars to defray the expenses of said commission in making the said settlement."