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Statement showing States to which grants have been made to aid in the construction of railroads none of which have been constructed in whole or in part.

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Savannah and Albany

Mar. 3, 1857

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195

Louisiana.

New Orleans to the State line in the direction June 3, 1856

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18 June 3, 1866

June 3, 1866
June 3, 1866
17 June 3, 1866
Mar. 3, 1867

Map of definite location filed November 27, 1860. No map of definite location filed.

Do.

Map of definite location filed January 18, 1859.
Map of definite location filed September 20, 1858.
State refused to accept grant.
No map of location filed.

Do.

State declined to accept grant.

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83 July 1, 1871

Road never definitely located.

The following tables show the grants for roads not completed in time in cases where the granting acts contain similar provisions relative to conditions or the reversion of lands to the United States. These are classified under the following heads:

1. Where the grant provides that if any portion of the roads be not completed within the time fixed, no further sale shall be made and the lands unsold shall revert to the United States.

2. Where the grant provides that if the roads be not completed within the time fixed, no further patents shall be issued to the railroad company and no further sale shall be made, and the lands unsold shall revert to the United States.

3. Where the grant provides that if the road should not be completed in time the lands not patented should revert to the United States.

4. Where the grant provides that if the road should not be completed within ten years the lands not patented should revert to the State, and if the State should fail to complete the road within five years after the expiration of the ten years the land undisposed of should revert to the United States.

5. Where the grant provides that if the companies fail to file their assent to the act, or to complete their roads as provided therein, the act shall be null and void, and all lands not patented to the company or companies at the date of such failure shall revert to the United States.

6. Where the provision is that the company should complete a section of twenty or more miles within two years and the entire road within six years.

7. Where it is provided that if the companies make any breach of the conditions of the grant, Congress may do any and all acts necessary to secure the speedy completion of the roads.

Statement showing States to which grants have been made to aid in the construction of railroads which have not been completed within the time required by law, the grants to which provide that if any of the roads be not completed within the time therein fixed no further sales of the lands granted for such road, or roads, shall be made, and the lands unsold shall revert to the United States.

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Statement showing States to which grants have been made, &c.—Continued.

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Statement showing States to which grants have been made to aid in the construction of railroads which have not been completed within the time required by law, the grants to which provide that if the roads be not completed within the time therein fixed no further patents shall be issued to the railroad company, and no further sale shall be made, and the lands unsold shall revert to the United States.

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Statement showing States to which grants have been made to aid in the construction of railroads which have not been completed within the time required by law, the grants to which provide that if the roads be not completed within the time therein fixed the lands not patented shall revert to the United States.

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Statement showing grant made to aid in the construction of a railroad, which has not been completed within the time required by law, wherein it is provided that if the road be not completed within ten years the lands not patented shall revert to the State for the purpose of securing the completion of the road, and should the State fail to complete the road within five years after the ten years aforesaid, then the lands undisposed of shall revert to the United States.

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Statement showing corporations to which grants have been made to aid in the construction of railroads which have not been completed within the time required by law, the grants to which provide that if the companies fail to file their assent or complete their roads as provided therein the act shall be null and void, and all lands not conveyed by patent to the company or companies, as the case may be, at the date of such failure, shall revert to the United

States.

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Statement showing corporations to which grant has been made to aid in the construction of a railroad, which has not been completed within the time required by law, wherein it is provided that the company shall complete a section of twenty or more miles of its road within two years and the entire road within six years from the same date.

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Statement showing corporations to which grants have been made to aid in construction of railroads which have not been completed within the time required by law, the grants to which provide that if the companies make any breach of the conditions thereof Congress may do any and all acts necessary to secure the speedy completion of the roads."

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Atlantic and Pacific Railroad Company.
Southern Pacific Railroad Company.

July 27, 1866

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292

July 27, 1866

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Texas Pacific Railroad Company, now Texas and Pacific Railway Com. pany

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New Orleans, Baton Rouge and Vicksburg Railroad Company, of which the New Orleans Pacific Railway Company claims to be the assignee

The question of declaring a forfeiture of the foregoing grants or of any of them, is deemed an appropriate one for legislative consideration. The time fixed in the granting acts for the completion of the roads expired in some instances in 1866, and in other cases at later periods down to 1882.

In the absence of Congressional action lands have been certified or patented accordingly as roads have been constructed whether within or out of the time prescribed. Your immediate predecessor suspended this practice prior to the meeting of Congress in December, 1880, but as no legislative action was taken you have held that under the decision of the Supreme Court of the United States you had no right to declare a forfeiture or to further suspend the issue of patents for lands along the constructed portions of roads even if the same had not been built within the prescribed time. The remaining lands are continued in the reservations established by law or under withdrawals made for the protection of the grants. Meanwhile settlers have entered upon some of these lands and are anxious to know whether they must look to the railroad companies or to the United States for their titles. The public

demand for a definite settlement of the question whether a forfeiture is to be enforced in any of these cases is constantly pressed upon my attention. I consider it of very great importance that the earliest possible action should be taken either to revive the grants or to declare them forfeited. If it be the judgment of Congress that the grants should be revived, Congress may unquestionably prescribe the conditions of such revival; and if such action should be taken I suggest that all actual settlers on the land be saved and secured in their rights and claims to land embraced in their settlements and improvements at the date of any such revival of the railroad grant.

MILITARY BOUNTY-LAND WARRANTS.

The area represented by military bounty-land warrants issued under the acts of 1847 to 1855, inclusive, located and not heretofore reported, was 48,680 acres, computed at $1.25 per acre. Twenty-one thousand two hundred and twenty-three warrants are now outstanding, calling for 2,411,700 acres.

STATE SELECTIONS.

One hundred and seventy-eight thousand six hundred and twentyfour and sixty-one one-hundredths acres were approved to the several States entitled thereto under the internal-improvement, agricultural college, university, and school-indemnity grants.

TOWN SITES.

Seventeen town sites and 230 entries of town lots were approved for patent.

INDIAN LANDS AND MILITARY RESERVATIONS.

The proceedings of the Land Department in respect of lands embraced in sundry Indian and military reservations will be found in detail in this report.

ACCOUNTS.

Thirty-six hundred and seventy accounts were examined and audited, covering $9,410,031.42.

The adjusted accounts embrace receipts amounting to $6,247,721.21 and disbursements to the amount of $3,162,310.21.

CERTIFICATES OF DEPOSIT ON ACCOUNT OF SURVEYS.

The amount covered by certificates of deposit on account of surveys examined and accepted in payment for public lands during the year was $1,720,800.70.

The amount deposited for surveys under the individual deposit system was $1,162,935.58

REPAYMENTS.

Five hundred and sixty-six repayment claims for lands erroneously sold were adjusted and approved, amounting to $57,739.64.

STATE FUND ACCOUNTS.

The amount reported to the First Comptroller as accruing to the several States entitled by acts of admission into the Union to 5 per cent. of the net proceeds of sales of the public lands, was $134,133.22.

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