account of the Lands not to be granted or conveyed to said States under the provisions of this act be granted on on account of the construction of any railroad or part thereof that has construction of been constructed under the provisions of any other act at the date of certain railroads. the passage of this act, and adopted as a part of the line of railroad provided for in this act: And provided, That nothing herein contained Vested rights shall interfere with any existing rights acquired under any law of Congress heretofore enacted making grants of land to the said States of Missouri and Arkansas to aid in the construction of railroads: And proLands when to vided further, That should said States or either of them fail to complete revert to the the roads herein recited within the time prescribed by this act, then the United States. lands undisposed of, as aforesaid, within the States so failing shall revert to the United States. not affected When maps are market. SEC. 6. And be it further enacted, That so soon as the governor of either filed, lands to be of said States shall file or cause to be filed with the Secretary of the withdrawn from Interior maps designating the routes of said roads herein mentioned, then it shall be the duty of the Secretary of the Interior to withdraw from market the lands embraced within the provisions of this act. (a) Arkansas to SEC. 7. And be it further enacted, That nothing contained in this act have no title to or shall be held as vesting in the State of Arkansas title to the lands herein power over the recited for the trust purpose aforesaid, or authorizing said State to make granted lands until restored to any disposition of the same, until said S tate shall be restored in all reformer relations. spects to its former relation to the national Government and be represented in the Congress of the United States. (a) See Nos. 1083, 1086, 1088, 1111, 1112, 1113, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 1152. (b) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1096, 1110, 1115, 1121, 1135. July 27, 1866. Atlantic and No. 1121.-AN ACT granting lands to aid in the construction of a railroad and Name of cor Seal. construct rail Branch east kansas. Powers and Thatcher, Jacob Stotter, William B. Edwards, James G. Blunt, Robert McBratney, of Kansas; Harrison Hagaus, James Cook, Robert Crangle, Benjamin H. Smith, of West Virginia; Lorenzo Sherwood, A. J. Hamilton, of Texas; William Gilpin, Henry C. Leach, of Colorado; Phinneas Banning, Timothy G. Phelps, William B. Carr, Edward F. Beale, Fred. F. Lowe, Benj. B. Redding, B. W. Hathaway, Leonidas Haskell, Frederick Billings, of California; W. S. Ladd, J. R. Moores, Walter Monteith, John Kelly, B. F. Dowell, of Oregon; James L. Johnson, Henry Connelly, Franciscus Perea, of New Mexico; J. H. Mills, A. P. K. Safford, E. S. Davis, of Nevada; King S. Woolsey, William H. Hardy, Coles Bashford, of Arizona; Henry D. Cooke, of the District of Columbia; 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 Company," and by that name shall have poration, &c. 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, Corporation locate, and construct, furnish, maintain, and enjoy, a continuous rail may locate and road and telegraph line, with the appurtenances, namely: Beginning road and teleat or near the town of Springfield, in the State of Missouri, thence to graph line. the western boundary line of said State, and thence by the most eligible Termini and railroad route as shall be determined by said company to a point on the route. Canadian River, thence to the town of Albuquerque, on the river Del Norte, and thence, by way of the Agua Frio, or other suitable pass, to the headwaters of the Colorado Chiquito, and thence, along the thirtyfifth parallel of latitude, as near as may be found most suitable for a railway route, to the Colorado 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 at which the road strikes the Canadian wardly to near River eastwardly, along the most suitable route as selected, to a point Van Buren, Arin the western boundary line of Arkansas, at or near the town of Van Buren. And the said company is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of privileges. this act, as herein set forth. The capital stock of said company shall Capitol stock. consist of one million shares of one hundred dollars each, which shall in all respects be deemed personal property, and shall be transferable in such manner as the laws of said corporation shall provide. The per- Persons before sons hereinbefore named are hereby appointed commissioners, and shall named appointed be called the board of commissioners of the "Atlantic and Pacific Rail- sioners. road Company," and fifteen shall constitute a quorum for the transac- Quorum. tion of business. The first meeting of said board of commissioners shall First meeting be held at the Turner hall, in the city of Saint Louis, on the first day of of October, anno Domini eighteen hundred and sixty-six, or at such time ers. 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 Notice. 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 Organization number of a president, vice-president, secretary, and treasurer, and they officers. 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 give bonde. deem proper. The secretary shall be sworn to the faithful performance Secretary to be of his duties, and such oath shall be entered upon the records of the sworn. Other meetcompany, signed by him, and the oath verified thereon. The president ings, how called. and secretary of said boards shall, in like manner, call all other meet- Commissioners ings, naming the time and place thereof. It shall be the duty of said to open books for board of commissioners to open books, or cause books to be opened, subscriptions to at such times and in such principal cities or other places in the United States as they or a quorum of them shall determine, within twelve months after the passage of this act, to receive subscriptions to the capital stock of said corporation, and a 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 first meeting of actually paid into the treasury of the company, the said president and subscribers to secretary of said board of commissioners shall appoint a time and place for the first meeting of the subscribers to the stock of said company, board of commis of commission board Treasurer stock. and to When and how stock to be called. Directors. have a vote. 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 person or by lawful proxy, then and there shall elect, by ballot, thirteen directors for said corporation; and in Each share to such election each share of said capital stock shall entitle the owner thereof to one vote. The president and secretary of the board of commissioners, and in case of their absence or inability any two of the offiInspectors of cers of said board, shall act as inspectors of said election, and shall election. certify, under their hands, the names of the directors elected at said meetCommissioners ing. And the said commissioners, treasurer, and secretary shall then to deliver to the deliver over to said directors all the moneys, properties, subscription directors all mon- books, and other books in their possession, and thereupon the duties of said and their duties commissioners and the officers previously appointed by them shall cease and determine forever, and thereafter the stockholders shall constitute meet- said body politic and corporate. Annual meetings of the stockholders ings of corpora 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. eys, books, &c., to cease. Annual tion. construction of Right of way SEC. 2. And be it further enacted, That the right of way through the granted through public lands be, and the same is hereby, granted to the said Atlantic public lands for and Pacific Railroad Company, its successors and assigns, for the conrailroad and tele. struction of a railroad and telegraph as proposed; and the right, power, graph. and authority is hereby given to said corporation to take from the pubMaterials for lic lands adjacent to the line of said road material of earth, stone, timconstruction. ber, and so forth, for the construction thereof. Said way is granted to Extent of grant 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, machineshops, switches, side-tracks, turn-tables, and water-stations; and the Right of way right of way shall be exempt from taxation within the Territories of exempt from tax- 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 operation of this act and acquired in the donation to the road named in the act. ation. Public lands SEC. 3. And be it further enacted, That there be, and hereby is, granted granted to the to the Atlantic and Pacific Railroad Company, its successors and ascorporation to aid in the construc- signs, for the purpose of aiding in the construction of said railroad and tion of railroad telegraph line to the Pacific coast, and to secure the safe and speedy and telegraph. been sold, or re 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 If any of grant- Office; and whenever, prior to said time, any of said sections or parts ed lands have of sections shall have been granted, sold, reserved, occupied by homeserved, &c., other stead settlers, or pre-empted, or otherwise disposed of, other lands shall lands may be se- be selected by said company in lieu thereof, under the direction of the lected in lieu Secretary of the Interior, in alternate sections, and designated by odd numbers, not more than ten miles beyond the limits of said alternate If route is sections, and not including the reserved numbers: Provided, That if said found to be upon route shall be found upon the line of any other railroad route, to aid in the line of any the construction of which lands have been heretofore granted by the which lands have United States, as far as the routes are upon the same general line, the been granted, amount of land heretofore granted shall be deducted from the amount amount of former granted by this act: Provided further, That the railroad company regrant to be deceiving the previous grant of land may assign their interest to said "Atlantic and Pacific Railroad Company," or may consolidate, confedeRoad having rate, and associate with said company upon the terms named in the first may assign to, or and seventeenth sections of this act: Provided further, That all mineral unite with, this lands be, and the same are hereby, excluded from the operations of this company. act, and in lieu thereof a like quantity of unoccupied and unappropri thereof. other road to ducted. previous grant from ated agricultural lands in odd-numbered sections nearest to the line of Mineral lands said road, and within twenty miles thereof, may be selected as above excluded from operation of this provided: And provided further, That the word "mineral," when it oc- act. curs in this act, shall not be held to include iron or coal: And provided The word further, That no money shall be drawn from the Treasury of the United mineral" not to States to aid in the construction of the said "Atlantic and Pacific Rail. include "iron or coal." road." No money to be SEC. 4. And be it further enacted, That whenever said Atlantic and drawn Pacific Railroad Company shall have twenty-five consecutive miles of Treasury to aid any portion of said railroad and telegraph line ready for the service in construction of this road. contemplated, the President of the United States shall appoint three Upon report of commissioners to examine the same, who shall be paid a reasonable commissioners compensation for their services by the company, to be determined by under oath that the Secretary of the Interior; and if it shall appear that twenty-five twenty-five conconsecutive miles of said road and telegraph line have been completed are completed, in a good, substantial and workmanlike manner, as in all other respects patents for co required by this act, the commissioners shall so report under oath, to terminous lands the President of the United States, and patents of lands, as aforesaid, to issue to comshall 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 And so as to twenty-five additional consecutive miles shall have been constructed, any other twencompleted, and in readiness as aforesaid, and verified by said commis-ty-five sioners 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. secutive miles pany. consecu tive miles. Railroad how to be constructed. Rails. Gauge. SEC. 5. And be it further enacted, That said Atlantic and Pacific Railroad shall be constructed in a substantial and workmanlike manner, with all the necessary draws, culverts, bridges, viaducts, crossings, turn-outs, stations, and watering-places, and all other appurtenances, including furniture and rolling stock, equal in all respects to railroads of the first class when prepared for business, with rails of the best quality, manufactured from American iron. And a uniform gauge shall be established throughout the entire length of the road. And there shall be constructed a telegraph line, of the most substantial and approved description, to be operated along the entire line: Provided, That the said company shall not charge the Government higher rates than they do ice. individuals for like transportation and telegraphic service. And it shall Other railroads be the duty of the Atlantic and Pacific Railroad Company to permit any may form runother railroad which shall be authorized to be built by the United ning connections States, or by the legislature of any Territory or State in which the same may be situated, to form running connections with it, on fair and equitable terms. (a) Telegraph line. Rates for serv with it. Lands on both 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 sides of line of both sides of the entire line of said road after the general route shall route of railroad. be fixed, and as fast as may be required by the construction of said railroad, (b) and the odd sections of land hereby granted shall not be Odd sections liable to sale or entry, or pre-emption, before or after they are surveyed, not liable to sale, except by said company, as provided in this act; but the provisions of or entry, or preemption. the act of September, eighteen hundred and forty-one, granting pre- Provisions of emption rights, and the acts amendatory thereof, and of the act enti- pre-emption and tled "An act to secure homesteads to actual settlers on the public do- homestead main," approved May twenty, eighteen hundred and sixty-two, shall extended to lands 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. (c) acts on line of road. SEC. 7. And be it further enacted, That the said Atlantic and Pacific Company, may Railroad Company be, and is hereby, authorized and empowered to enter take any land necessary for upon, purchase, take, and hold any lands or premises that may be necworking of road. essary and proper for the construction and working of said road, not Width. exceeding in width one hundred feet on each side of the line of its railroad, unless a greater width be required for the purpose of excavation or embankment; and also any lands or premises that may be necessary and proper for turn-outs, standing-places for cars, depots, station-houses, tions, &c. 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, encumber its road-bed, though standing or being more than two hundred feet from Lands for sta Trees. Damages, how the line of said road. And in case the owner of such lands or premises to be determined. and the said company cannot 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 commissioners, who may be appointed upon application by either party to 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 When lands are if the road had not been built. And upon return into court of such to be deemed appraisement, and upon the payment into the same of the estimated taken by the value of the premises taken for the use and benefit of the owner therecompany. of, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. Appeal to a And either party feeling aggrieved at said appraisement may, within jury. 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 to 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 appealCosts. ing does not obtain a verdict more favorable, such party shall pay the Payment into whole cost incurred by the appellee, as well as his own, and the paycourt of a sum ment into court, for the use of the owner of said premises taken, at a equal to final sum equal to that finally awarded, shall be held to vest in said company award to vest 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 Proceedings any of the lands to be taken as aforesaid shall be held by an infant, where lands femme covert, non compos, insane person, or persons residing without taken are held by the Territory within which the lands to be taken lie, or persons subjected disability. to any legal disability, the court may appoint a guardian, for any party Appellant give bonds. title of land in company. persons under years, &c. under any disqualification, to appear in proper person, who shall give bonds, with sufficient surety or sureties, for the 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 company, and with the same effect as has been already described; and the title of the company to the lands taken by virtue of this act shall not be affected or impaired by reason of any Proceedings failure by any guardian to discharge faithfully his trust. And in case where the in- any party shall have a right or claim to any land for a term of years, terest in the land or any interest therein, in possession, reversion, or remainder, the value is for a term of of any such estate, less than a fee-simple, shall be estimated and deterWhere lands mined in the manner herein before set forth. And in case it shall be unoccupied necessary for the company to enter upon any lands which are unoccuand without ap- pied, and of which there is no apparent owner or claimant, it may proparent owner. ceed 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-appearance. But in case no claimant shall appear within six years from the time of the opening of said road across any land, all claims to damages against said company shall be barred. are &c. Rights and SEC. 8. And be it further enacted, That each and every grant, right, privileges of this and privilege herein are so made and given to and accepted by said Atact are granted lantic and Pacific Railroad Company, upon and subject to the following and accepted, upon conditions, conditions, namely: That the said company shall commence the work on said road within two years from the approval of this act by the Work, when to President, and shall complete not less than fifty miles per year after and when com- the second year, and shall construct, equip, furnish, and complete the pleted. main line of the whole road by the fourth day of July, anno Domini eighteen hundred seventy-eight. be commenced If conditions SEC. 9. And be it further enacted, That the United States make the sevare broken and eral conditional grants herein, and that the said Atlantic and Pacific continue so one Railroad Company accept the same, upon the further condition that if year, the United States may comthe said company make any breach of the conditions hereof, and allow plete the road. the same to continue for upwards of one year, then, in such case, at any |