sary expenses, there is hereby appropriated, out of any money in the treasury not otherwise appropriated, the sum of twelve thousand dollars, to be paid only on the order of the Secretary of the Interior: Provided, That six thousand dollars of said appropriation is hereby declared to be Sum to be the sum that shall be assessed and paid by the cities of Washington and assessed upon and paid by Georgetown, and the county of Washington; and it shall be the duty of Washington and the proper authorities of the city of Washington to raise, by tax or other- Georgetown. Proportion of wise, and pay into the treasury of the United States, at or before the city of Washingtime when the premises shall be ready for occupancy by the house of ton; correction, the sum of four thousand five hundred dollars; and it shall be the duty of the proper authorities of the city of Georgetown to raise and of city of pay in like manner the sum of one thousand dollars; and it shall be the Georgetown; duty of the proper authorities of the county of Washington to raise and of county of pay in like manner the sum of five hundred dollars; and in case of de- Washington. Proceedings in fault of such payment into the treasury of the United States by either of case of default in said cities or by the said county of Washington, the party so making de- payment. fault shall be liable to summary proceedings before the supreme court of the District of Columbia, at the instance of the United States attorney for said District, to enforce the same, with interest thereon after the date of default. SEC. 15. And be it further enacted, That this act shall take effect from the date of its passage. APPROVED, July 25, 1866. When act to take effect. CHAP. CCXXXIX. - An Act to incorporate "The Soldiers' and Sailors' Union" of July 25, 1866. Washington, D. C. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That H. A. Hall, W. C. Porter, Will A. Short, James Cross, J. H. Nightingale, D. S. Curtiss, L. Edwin Dudley, G. M. Van Buren, Wm. S. Morse, Lawrence Wilson, Wm. L. Bramhall, F. E. Drake, B. P. Cutter, W. H. H. Bates, H. N. Rothery, S. G. Merrill, Chas. A. Appel, O. A. Lukenbaugh, J. S. Firman, John H. Simpson, George W. De Costa, L. J. Bryant, J. H. Gray, Lyman S. Emery, and A. I. Bennett, and their successors in office, be, and they are hereby, incorporated and made a body politic and corporate, by the name of the "Soldiers' and Sailors' Union of the City of Washing Soldiers' and Sailors' Union incorporated. ton, D. C.," and by that name may sue and be sued, plead and be im- Powers, &c. pleaded in any court of law or equity, and may have and use a common seal, and exercise the powers, rights, and privileges incident to such corporations. estate. SEC. 2. And be it further enacted, That the said corporation shall be May hold, &c. capable of acquiring, receiving, holding, and conveying real and personal real and personal estate, not exceeding two hundred thousand dollars in value; which estate shall never be divided among the members of the corporation, but transmitted. shall descend to their successors for the promotion of the interests and general welfare of the soldiers and sailors of this corporation, who have served in the Union army or navy during the late war for the suppression of the rebellion, and the relief and protection of their widows and orphans. Constitution be amended. SEC. 3. And be it further enacted, That this corporation shall have power to alter and amend its constitution and by-laws: Provided, That and by-laws may they do not conflict with the laws of the United States or the laws of the corporation of the city of Washington, D. C. SEC. 4. And be it further enacted, That said corporation shall not exercise banking privileges, or issue or put in circulation any bank note, paper, token, scrip, or device, to be used as currency. SEC. 5. And be it further enacted, That Congress reserves the right to alter or repeal this act at any time. APPROVED, July 25, 1866. Corporation not to exercise bank ing privileges or issue notes, &c. Act may be altered, &c. July 25, 1866. persons in the District of Columbia, living together as man and wife, &c. to be deemed hus band and wife. CHAP. CCXL.-An Act legalizing Marriages and for other Purposes in the District of Be it enacted by the Senate and House of Representatives of the United Certain colored States of America in Congress assembled, That all colored persons in the District of Columbia, who, previous to their actual emancipation, had undertaken and agreed to occupy the relation to each other of husband and wife, and are cohabiting together as such or in any way recognizing the relation as still existing at the time of the passage of this act, whether the rites of marriage have been celebrated between them or not, shall be deemed husband and wife, and be entitled to all the rights and privileges, and subject to the duties and obligations of that relation in like manner as if they had been duly married according to law, and all their children shall be deemed legitimate, whether born before or after the passage of this act. And when the parties have ceased to cohabit before the passage of this act, in consequence of the death of the woman, or from any other cause, all the children of the woman rec[o]gnized by the man to be his shall be deemed legitimate. Their children legitimate. Children of those who have ceased to cohabit. Public lands granted to Kan sas, to aid the construction of the Kansas and Neosho Valley Railroad Company. Extent of tion of lands. APPROVED, July 25, 1866. July 25, 1866. CHAP. CCXLI.—An Act granting Lands to the State of Kansas to aid in the Construction of the Kansas and Neosho Valley Railroad and its Extension to Red River. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of aiding the Kansas and Neosho Valley Railroad Company, the same being a corporation organized under the laws of the State of Kansas, to construct and operate a railroad from the eastern terminus of the Union Pacific Railroad, eastern division, at the line between Kansas and Missouri, at or near the mouth of the Kansas River, on the south side thereof, southwardly, through the eastern tier of counties in Kansas, with a view of its extension, so as to effect a junction at Red River with a railroad now being constructed from Galveston to Red River at or near Preston, in Texas, there is hereby granted to the State of Kansas, for the use and benefit of said railroad company, every alternate section of land or parts thereof, designated by odd numbers, to the extent of ten sections per grant, and selec- mile on each side of said road, to be selected within twenty miles ofrom If any of the [of] the line of said road; but in case it shall appear that the United land granted has States have, when the line of said road is definitely located, sold any secbeen before sold, or reserved, &c., tion, or any part thereof, granted as aforesaid, or that the right of pre-emption or homestead settlement has attached to the same, or that the same has been reserved by the United States for any purpose whatever, then it shall be the duty of the Secretary of the Interior to cause to be selected for the purposes aforesaid, from the public lands of the United States nearest to the sections above specified, so much land as shall be equal to the amount of such lands as the United States have sold, reserved, or otherwise appropriated, or to which the right of homestead settlement or pre-emption has attached as aforesaid, which lands, thus indicated by the direction of the Secretary of the Interior, shall be reserved and held for the State of Kansas for the use of said company by the said Secretary for the purpose of the construction and operation of said railroad, as proLands before vided by this act: Provided, That any and all lands heretofore reserved to reserved except the United States by any act of Congress, or in any other manner by tion of this act. competent authority, for the purpose of aiding in any object of internal improvement or other purpose whatever, be, and the same are hereby, reserved and excepted from the operation of this act, except so far as it may be found necessary to locate the route of said road through such reserved lands, in which case the right of way two hundred feet in width is hereby granted, subject to the approval of the President of the United No land to be States: And provided, further, That none of the lands hereby granted shall be selected beyond twenty miles from the said road. what may be taken in lieu thereof. ed from opera Right of way through such lands. selected beyond twenty miles. double minimum tion. SEC. 2. And be it further enacted, That the sections and parts of sec- Sections re tions of land which by the aforesaid grant shall remain in the United maining to the United States, States, within ten miles on each side of said road, shall not be sold for &c. not to be less than double the minimum price of public lands when sold, nor shall sold for less than any of said lands become subject to sale at private entry until the same price; shall have been first offered at public sale to the highest bidder, at or to be offered above the minimum price aforesaid: Provided, That actual bona fide set- at public auctlers under the pre-emption laws of the United States may, after due Settlers under proof of settlement, improvement, and occupation, as now provided by pre-emption law, purchase the same at the price fixed for said lands at the date of laws may purchase, &c. such settlement, improvement, and occupation: And provided also, That Settlers under settlers under the provisions of the homestead act, who make their settle- the homestead ment after the passage of this act, and comply with the terms and require- not over eighty ments of said act, shall be entitled, within the said limits of ten miles, to acres each. patents for an amount not exceeding eighty acres each. act may have This grant is made upon condition, &c. government. to the benefit of SEC. 3. And be it further enacted, That the grant of lands hereby made is upon condition that said company, after the construction of its road, shall keep it in repair and use, and that [it will] at all times be in readiness to transport troops, munitions of war, supplies, and public stores Transportation upon its road for the government, when required to do so by any depart- of troops, &c. to ment thereof, at the cost, charge, and expense of said company. And the be free to the lands hereby granted, held, and reserved as aforesaid shall inure to the ben- When and how efit of said company, as follows: When the governor of the State of the lands inure Kansas shall certify that any section of ten consecutive miles of said road the company. is completed in a good, substantial, and workmanlike manner as a firstclass railroad, then the said Secretary of the Interior shall issue to the said company patents for so many sections of the land within the limits above named as are coterminous with said completed section hereinbefore granted; and when certificates of the governor aforesaid shall be presented to said Secretary, of the completion, as aforesaid, of each successive section of ten consecutive miles of said road, the said Secretary shall in completed withlike manner issue to said company patents for the land for each of said in ten years, the lands unpatented sections of road as in the first instance, until said road shall be completed: to revert to the Provided, That if said road is not completed within ten years from the United States. date of the acceptance of the grant hereinbefore made, the lands remain- to be disposed of ing unpatented shall revert to the United States: And provided further, or incumbered That the said lands shall not, in any manner, be disposed of or incum- by the company, bered by said company or its assigns, except as the same are patented under ented. the provisions of this act. If road is not The lands not except as pat market as soon SEC. 4. And be it further enacted, That as soon as said company shall Lands to be file with the Secretary of the Interior maps of its line, designating the withdrawn from route thereof, it shall be the duty of the said Secretary to withdraw from as maps are filed the market the lands granted by this act, in such manner as may be best calculated to effect the purposes of this act and subserve the public interest. SEC. 5. And be it further enacted, That the United States mail shall be transported on said road and its extension, under the direction of the Post Office Department, at such price as Congress may by law provide: Provided, That until such price is fixed by law the Postmaster-General shall have power to fix the compensation. Mails to be transported at price fixed by Congress. Proviso. Right of way SEC. 6. And be it further enacted, That the right of way through the public lands be, and the same is hereby, granted to said Kansas and Neo- granted through public lands. sho Valley Railroad Company, its successors and assigns, for the con- Material for struction of a railroad as proposed; and the right is hereby given to said construction corporation to take from the public lands adjacent to the line of said road from adjacent material for the construction thereof. Said way is granted to said rail- land. road to the extent of one hundred feet in width on each side of said road where it may pass through the public domain; also all necessary ground Ground for for station buildings, workshops, depots, machine-shops, switches, side- station buildings, tracks, turn-tables, and water-stations. Extent of grant. &c. railroad company to be in writing; Acceptance of SEC. 7. And be it further enacted, That the acceptance of the terms, this graut by the conditions, and impositions of this act by the said Kansas and Neosho Valley Railroad Company shall be signified in writing, under the corporate seal of the said company, duly executed pursuant to the direction of its board of directors first had and obtained, which acceptance shall be made within one year after the passage of this act, and not afterwards, and shall be deposited with the Secretary of the Interior. to be made within a year. Said railroad extend its road to Red River. SEC. 8. And be it further enacted, That said Kansas and Neosho Valcompany may ley Railroad Company, its successors and assigns, is hereby authorized and empowered to extend and construct its railroad from the southern boundary of Kansas south, through the Indian Territory, to Red River, at or near Preston, in the State of Texas, so as to connect with the railway now being constructed from Galveston to a point at or near Preston, in Right of way said State; and the right of way through the Indian Territory, wherever granted through such right is now reserved or may hereafter be reserved to the United tory where such States by treaty with the Indian tribes, is hereby granted to said comright is reserved pany, to the same extent as granted by the sixth section of this act the Indian Terri to the United States; where such right is not reserved. Grant of lands through the Indian Territory made to the road, when the Indian title is extinguished. The company may negotiate others for lands. with Indians and Certain other railroads may unite with this road, after it is located to the valley of the Neosho River. Tariff for sengers. through the public lands; and in all cases where the right of way, as aforesaid, through the Indian lands, shall not be reserved to the government, the said company shall, before constructing its road, procure the consent of the tribe or tribes interested, which consent, with all its terms and conditions, shall be previously approved and indorsed by the President and filed with the Secretary of the Interior. SEC. 9. And be it further enacted, That the same grants of lands through said Indian Territory are hereby made as provided in the first section of this act, whenever the Indian title shall be extinguished by treaty or otherwise, not to exceed the ratio per mile granted in the first section of this act: Provided, That said lands become a part of the public lands of the United States. SEC. 10. And be it further enacted, That said Kansas and Neosho Valley Railroad Company, its successors and assigns, shall have the right to negotiate with, and acquire from any Indian nation or tribe, authorized by the United States to dispose of lands for railroad purposes, and from any other nation or tribe of Indians through whose lands said railroad may pass, subject to the approval of the President of the United States, or from any company or parties incorporated or authorized for such purposes, by such nation or tribe, or which such parties may have acquired under the laws of the United States. SEC. 11. And be it further enacted, That any railroad company chartered under any law of the United States, or of the State of Kansas, which may have been heretofore or shall hereafter be recognized and subsidized by any act of the Congress of the United States, may connect, unite, and consolidate with this railroad company, after the same shall be located to the valley of the Neosho River, upon just, fair, and equitable terms, to be agreed upon between the parties, and shall not be against the freight and pas- public interest or the interest of the United States; nor shall any road authorized to connect as aforesaid charge the road so connecting a greater tariff per mile for freight or passengers than is charged for the same per mile by its own road: And provided further, That should the Leavenworth, Lawrence, and Fort Gibson Railroad Company, or the Union Pacific Railroad Company, southern branch, construct and complete its road to that point on the southern boundary of the State of Kansas where the line of said Kansas and Neosho Valley Railroad shall cross the same, before the said Kansas and Neosho Valley Railroad Company shall have constructed and completed its said road to said point, then and in that event the company so first reaching in completion the said point on the southern boundary of the State of Kansas shall be authorized, upon obtaining the written approval of the President of the United States, to construct and operate its line of railroad from said point to a point at If the Union Pacific Railroad Company, &c. completes its road to certain point before the Kansas, &c. Co. completes its road to that point, it may construct the road thence to Work to be or near Preston, in the State of Texas, with grants of land according to Preston, Texas, with grants of the provisions of this act, but upon the further special condition, neverland, &c. theless, that said railroad company shall have commenced in good faith the construction thereof before the said Kansas and Neosho Valley Railroad Company shall have completed its said railroad to said point: And provided further, That said other railroad company, so having com- prosecuted with menced said work in good faith, shall continue to prosecute the same energy. with, sufficient energy to insure the completion of the same within a reasonable time, subject to the approval of the President of the United States: And provided further, That the right of way through private Right of way property when not otherwise provided for in this act, or by the law of through private any State through which the road may pass, shall be obtained by said Kansas and Neosho Valley Railroad Company, or either of the other companies named in this act, in accordance with the provisions of section 1862, ch. 120, § 3. three of an act to amend an act entitled "An act to aid in the construc- Vol. xii. p. 492. tion of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes," approved July first, eigheen hundred and sixty-two. APPROVED, July 25, 1866. property. CHAP. CCXLII. - An Act granting Lands to aid in the Construction of a Railroad and July 25, 1866. Telegraph Line from the Central Pacific Railroad, in California, to Portland, in Oregon. The California R. Co., and an and construct a fornia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the "California and Ore- and Oregon R. gon Railroad Company," organized under an act of the State of Califor- Oregon comnia, to protect certain parties in and to a railroad survey, "to connect pany, may locate Portland, in Oregon, with Marysville, in California," approved April railroad and telesixth, eighteen hundred and sixty-three, and such company organized un- graph line beder the laws of Oregon as the legislature of said State shall hereafter tween Portland, Oregon, and the designate, be, and they are hereby, authorized and empowered to lay out, Central Pacific locate, construct, finish, and maintain a railroad and telegraph line be- Railroad in Calitween the city of Portland, in Oregon, and the Central Pacific Railroad, What part the in California, in the manner following, to wit: The said California and C. & O. ComOregon Railroad Company to construct that part of the said railroad and pany to build. 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 completing its respective part of the said railroad and telegraph from either of the termini herein named to the line between its part, may California and Oregon before the other company shall have likewise ar- continue its road rived 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 in which the unfinished part may lie, upon the terms mentioned in this act, until the said parts shall meet and connect, and the whole line of said railroad and telegraph shall be completed. The company first completing with consent of State. Grant of pub. mineral, to said SEC. 2. And be further enacted, That there be, and hereby is, granted to the said companies, their successors and assigns, for the purpose of aid- lie lands, not ing in the construction of said railroad and telegraph line, and to secure companies, to the safe and speedy transportation of the mails, troops, munitions of war, aid in the conand public stores over the line of said railroad, every alternate section of road &c. struction of |