the Senator, propose to tax the miner to get some kind of revenue from mining. I am inclined to think that this will be impliedly a surrender of the rights of the United States, a surrender never yet made by express law, although it has been done practically by custom.

I simply wish to call the attention of Senators to the implied effect of this amendment, the reservation of a right to the miners, which we have never yet given by express legislation. If we deliberately made up our minds to give to all persons the right to go and mine upon any lands of the United States for gold and silver, it would be well enough to reserve to the miners these things; but if not, we had better reserve them to the United States, and then let the United States by a well-prepared law grant to all its citizens and other persons the right to mine in the mineral lands of the United States-a thing never yet done by law, I believe.

Mr. CONNESS. The Senator has raised a very nice distinction indeed, but it will be observed that the Senator is not exactly right; we are making a grant absolute in its character of the timber upon the mineral lands, or a certain amount of them, to this company, and if we pass this bill without any reservation that grant is complete. Therefore, the man mining in the land beneath its surface will be subject to just such price and tax as the parties to whom we grant this timber shall see fit to impose. The language of this amendment does not contain any legal concession to the miner concerning the mines. We know it is a fact that they mine. Does the Senator deny that? I simply say in this amendment that the men engaged in mining, as permitted by the United States, shall be entitled to take the few sticks of timber they may require for carrying on their business purposes without being considered trespassers. Trespassers against who? Against the grantees that we are now about to enfranchise. Mr. POMEROY. They will need timber for firewood also.

Mr. CONNESS. Certainly; but that, I presume, follows as a matter of course, for they could not live without that.

I am sorry that the Senator should raise this question here, and see in this proposition a purpose to concede indirectly a right which, as the Senator says, has not yet been given, but which, in my opinion, should have been given long since. There is no difference of opinion in the great mining section of this country as to whether the United States should continue to regard its citizens as trespassers upon the public domain because they engaged in the business of mining. We only find those jealousies existing in the minds of gentlemen who live on the other side of the continent; gentlemen who, if they extended the area of their travels, would also undoubtedly change their opinions.

The Senator says we are now about to tax the mines. We will discuss that subject when it comes up. Although the Government up to this time has not taken each miner by the throat, or in a more civil way met him by its agent or tax collector, and said, "Sir, one twentieth of your production is mine," the Senator will not deny that this war could not be conducted to-day were it not for the production of those mines. Without them you could not have issued with any credit $400,000,000 of legal-tender notes; and your banks could not emit their issues as they do, giving money sufficiently extensive for all the operations of trade at this time.

But, sir, that question is not pertinent to this

discussion. I cannot see that the amendment is obnoxious to the object. made by the Senator. It simply suys to these companies, You shall own ail the timber upon the lands spoken of, except so much of it as the man operating the mines thereon shall need for his purposes, and which is as necessary to him as the water he drinks or the air he breathes.

Mr. MORGAN. The Senate has now been engaged for some time on this bill; it is very evident that we cannot get through with it to-day; and it is very important to have an executive session. Mr. HOWARD. I think we can get through with the bill this afternoon.

Mr. CONNESS. I hope the Senator will allow us to come to a vote on this question.

Mr. SUMNER. I hope we may get through with this bill and then go into executive session.

Mr. MORGAN. I think it is very evident that we cannot get through with the bill to-day. A great many Senators have already left the Chamber. If there should be any time to be filled up after we dispose of executive business, before the usual hour of adjournment, I should be willing to come back to legislative business. I move that the Senate now proceed to the consideration of executive business.

Mr. HOWARD. I hope not.

Mr. CONNESS. That motion is debatable. The PRESIDENT pro tempore. To a certain

extent.

Mr. CONNESS. Well, sir, I will not debate it long. I wish to make an appeal to the Senator from New York. This bill, as the Senator well knows and appreciates, is of the greatest possible consequence; it has been considered day after day, and the discussions upon it are now pretty well over. It is of the greatest importance that we should dispose of this bill before the internal tax bill comes upon us, which will claim all our attention, and is so necessary. I hope the Senator will not persist in his motion.

Mr. MORGAN. 1 entirely agree with the Senator from California in regard to the importance of this bill, and because it is important, it seems to me we ought not to proceed with it when the Senate is so thin. It is now quite late; a great many Senators who are usually here are now absent; and it is important that this executive session should take place. If Senators are willing to remain half an hour hence, when the executive business shall be disposed of, they might continue the consideration of this bill.

Mr. CONNESS. They will not do any legis lative business after they go into executive session.

Mr. MORGAN. I will not press the motion for a few minutes.

The PRESIDENT pro tempore. The motion is withdrawn, and the question recurs on the amendment proposed by the Senator from California to the amendment of the committee.

The amendment to the amendment was agreed to. Mr. HARLAN. In section ten, line ninetyone, after the word "same" I move to insert these words, "and such other evidence as the said Seeretary may require;" so that the proviso will read:

And provided further, That before any bonds shall be so guarantied by the United States, the company claiming them shall present to the Secretary of the Treasury an al fidavit of the president and secretary of the company, to be sworn to before the judge of a court of record, setting forth whether said company has issued any sucli bonds or securities, and if so, particularly describing the same, and such other evidence as the said Secretary may require so as to enable said Secretary to make the deduction, &c.

The amendment to the amendment was agreed to. Mr. HARLAN. To perfect the language. it

That no United States bonds shall be issued under the act of which this is an amendment; but the said company may make, execute, and issue its own first mortgage bonds as sections are completed according to the provisions of this aci.

Mr. HOWARD. That amer ment will be made necessary in consequence of the adoption of the amendment of the honorable Senator from Ohio.

The amendment to the amendment was agreed to. Mr. HARLAN. I offer the following amendment to be inserted at the end of section ten:

Provided, also, That no land granted by this act shall be conveyed to any party or parties, and no bonds shall be indorsed and the interest thereon be paid or guarantied to be paid to any company or companies, party or parties, on account of any road or part thereof made prior to the passage of the act to which this is an amendment, or made subsequent thereto under the provisions of any act other than this act and the act amended by this act.

The object of the amendment is to prevent par ties who may have constructed sections of road heretofore coming in and claiming them to be a part of this road and presenting certificates of the completion of sections of their road and receiving bonds thereon.

Mr. LANE, of Kansas. I should like to understand the Senator from lowa. We have twenty-five miles of a road in running order and forty miles graded.

Mr. HARLAN. Built under the provisions of the act of 1862?

Mr. LANE, of Kansas. Yes, sir.

Mr. HARLAN. This amendment will not affect that.

Mr. HOWARD. Let the amendment be read again.

Mr. LANE, of Kansas. I wish to ask the chairman of the committee if it is proposed that that forty miles shall be completed under this bill or under the bill of 1862?

Mr. HOWARD. The company building it will be entitled to the benefits and privileges granted by this act, although the actual construction of it was under the former act. Every right is preserved by the present bill which has accrued, and every remedy is also preserved to the party claiming it in the same manner as if this bill had not been passed. Every right is secured to every person and every corporation.

Theaniendment to the amendment was agreed to. Mr. HARLAN. On page 44, section twenty, line six, I move to strike out the words" the President of the United States shall prescribe,' and insert "now provided by law." This section provides that the tracks of the respective roads shall be of such uniform width as the President of the United States shall prescribe, and it is necessary to change that phraseology.

Mr. HOWARD. I should like to have an explanation of that amendment from the Senator from lowa. This is the same language that was embraced in the act of 1862.

Mr. HARLAN. Since the passage of the act of 1862 Congress has passed a law fixing the gauge of the road, and that is now the law of the land.

Mr. HOWARD. Then I have no objection. The amendment to the amendment was agreed to. Mr. HARLAN. I move to amend on page 49, line thirty-four of section twenty-one, after the word "dollars" by inserting "and such other damage as he may have suffered on account of said refusal or failure;" and in line thirty-five by striking out the words, "in an action of debt;" so that the clause will read:

On pain of forfeiting to the person injured, for each offense, the sum of $100, and such other damage as he may have suffered on account of said refusal or failure, to be sued for and recovered in any court of the United States,

&c.

Mr. HOWARD. Let me inquire of the honorable Senator from Iowa whether he contemplates that this shall be all one proceeding, the collection of the penalty of $100 for each offense, and also the private damages which may have accrued. I do not fully understand his amendment. There seems to be a little incompatibility in recovering these two things in the same suit.

Mr. HARLAN. That may be so in some States; but it would not be solowa under our laws, and I suppose there will e no difficulty in bringing two suits in States where you cannot bring a suit for a sum that is fixed and also fur a sum not fixed in one action. This contemplates that the action shall be brought for the exact sum of $100, and therefore the action is to be styled an action of del ', not assumpsit; but in the States where any difficulty may accrue on this account, two suits may be brought.

The amendment to the amendment was agreed to. Mr. HARLAN. I move to amend on page 50, section twenty-two, line eight, by striking out the words "not exceeding ten dollars," and inserting "less than $1 25;" and in Les twelve and thirteen of the same section, by striking out "right of purchase with bonds shall only be exercised as to Government sections, and subdivisions thereof," and inserting " purchase shall be made in legal sections and subdivisions of sections;" so that the clause will read:

Paying or allowing to such company such price for any such lands as sl...l be agreed upon, not less than ! 25 per acre; and the guarantee of the Government for the payment of interest on any such bonds, so used, in payment for lands shall thereupon cease and be extinguished: Provided, however, That such purchase shall be made in legal sections and subdivisions of sections.

Mr. HOWARD. If I understand this amendment properly, it seems to me it ought not to be adopted. Section twenty-two authorizes the holders of the bonds of any of the companies named in the act, upon which the Government guaranties the payment of any interest, to use such bonds in payment for any lands herein granted to the companies issuing the bonds, at the par value of the bonds, paying or allowing to such company such price for any such lands as shall be agreed upon, not exceeding ten dollars per acre. How does the amendment alter that?

Mr. HARLAN. If the amendment shall be amended as I propose, they may sell the land for As much as the purchaser may agree to give, not less than $1 25 an acre.

Mr. HOWARD. This requires the company to sell all such land at a sum not exceeding ten dollars per acre; that is the maximum which the company can charge for any of its lands to the purchaser. I I wish to call the attention of the Senate to this. I do not know whether it is worth while to retain that maximum, but it seems to me there should be some limit beyond which the company cannot go in charging third persons for their lands.

Mr. HARLAN. This section contemplates

that the holders of bonds the interest of which shall be guarantied by the Government may buy the laud granted under this act with the bonds, and when such purchase shall be made by the holder of the bonds, the liability of the Government to pay the interest shall cease. So the interest of the Government will be promoted by the highest possible price that the land will bring, because in that way a larger nominal amount of bonds will be invested for the laud and the Government liability terminated.

In addition to this, it is an unusual provision. In all the land grants made by Congress heretofore to aid in the construction of railroads, the companies have not been limited as to the price they might charge for the land. They have been limited as to the time during which they might hold the land as a corporation, and so are these companies thus limited in this bill; but it is plainly the interest of the Government that the company shall sell the land for as high a price as possible when they sell the land for the purpose of taking up their own bonds, the interest on which this Government has guarantied the payment of.

The amendment to the amendment was agreed to. Mr. POMEROY. In the same section there is a clause in the last two lines which reads:

And to an amount by any one hol ler not exceeding one such section of six hundred and forty acres in any one township.

I move to strike that out. The idea that a man may not buy more than one section in a township is ridiculous.

The amendment to the amendment was agreed to. Mr. LANE, of Kansas. I desire now to call the attention of the chairman of the committee to an amendment I suggested the other day in line fifty-four of section thirteen, on page 32, to strike out the words "the act of which this is an ainendment," and insert "this act."

The PRESIDENT pro tempore. That amendment has already been made, the Chair is informed.

Mr. HOWARD. Let me read to the Senator the clause as it is now amended by the Senate:

The said Kansas company shall complete and equip not less than one hundred miles of its said railroad and telegraph within two years from the time of filing their assent to the provisions of this act.

That is the way it reads at present.

Mr. LANE, of Kansas. I was not present when that alteration was made. I have another amendment. On page 29, line twenty-one of section twelve, after the word "that," I move to insert "after the completion of said road."

Mr. HOWARD. It seems to me that does not reach the object which the honorable Senator has in view. If that amendment should be adopted, it would release the company from keeping accurate accounts until after the whole road is completed. I certainly think the honorable Senator does not intend that.

Mr. LANE, of Kansas. No, sir, but till after the completion of forty miles. They will, of course, receive some small amounts before the section is completed, and I do not want to put them to the trouble of keeping accounts of that.

Mr. HOWARD. But what is the objection to asking them to keep correct accounts of what they do receive?

Mr. LANE, of Kansas. It will be so small a

matter.

Mr. HOWARD. It may be a small matter, but it may be a very considerable matter.

Mr. LANE, of Kansas. We have now twen

Mr. HOWARD. I hope that will not pass. The same reason exists against it that existed against the prior amendment.

The amendment to the amendment was rejected. Mr. HARLAN. I move to amend the amendment by adding the following as an additional section:

And be it further enacted, That before any land granted by this act shall be conveyed to any company or party entitled thereto, under this act, there shall be first paid into the Treasury of the United States the gross cost of surveying, selecting, and conveying the same, by the said company or party in interest, which amount shall, without any further appropriation, stand to the credit of the proper ac count to be used by the Commissioner of the General Land Office for the prosecution of the survey of the public lands along the line of said roads, and so from year to year, until the whole shall be completed, as provided under the provisions of this act.

The object of this amendment is that the companies shall pay for the survey of their own land; that is, of the land that is to be granted to them under this bill. This has become almost necessary, as it seems to me. The entire receipts from the land system do not now more than pay the expense of the system. The adoption of this bill will very greatly enlarge the work of the office here and the work in the field; and it seems to me that those who are to derive an advantage from the grant ought to pay at least for the survey of the land.

The amendment to the amendment was agreed to. Mr. HARLAN. I offer the followingMr. LANE, of Kansas. If it is not too late, I ask for the yeas and nays on the last amendinent proposed by the Senator from lowa.

The PRESIDENT pro tempore. In the opinion of the Chair it is too late. They can be had in

the Senate.

Mr. LANE, of Kansas. I move to reconsider the vote.

The PRESIDENT pro tempore. Let the amendment now proposed b. reported.

The Secretary read the amendment of Mr. HARLAN, which was in line thirty-seven of section two, on page 9, after "1877" to insert:

And at the rate of not less than one hundred miles for every year after any branch railroad shall be completed from the Missouri river to the said initial point on the one hundredth meridian.

Mr. HARLAN. The object of this is to require the company to keep at work. The bill, as it stands, provides that they shall complete the road within a given period of ten years, I think, which may be extended by the President five years more This amendment is intended to compel them to continue the work from year to year and build at least one hundred miles every year. I believe the chairman of the committee told me he had no objections to it.

Mr. HOWARD. I have no objection to it. The amendment to the amendment was agreed to. Mr. HARLAN. I propose now an amendment to come in on page 36, after the forty-sixt. ine of section fifteen, as a separate provision. .fit shall be adopted, (and I wish to make this explanation,) I shall then move to strike out of section fifteen all that pertains to the Sioux City branch. The object of this amendment is to enable the companies named in the amendment to proceed to build the Sioux City branch road after a railroad shall have been completed to Sioux Cay

through Iowa or through Minnesota.

The PRESIDENT pro tempore. The amendment will be reported.

The Secretary read it, as follows:

Insert after line forty-six of section fifteen:

BIOUX CITY BRANCH.

That for the purposes herein mentioned the Dubuque and Sioux City Railroad Company, the McGregor and Western Railroad Company, each of said companies being a body corporate under the laws of the State of Iowa, and the Minnesota Valley Railroad Company, the said company being a body corporate under the laws of the State of Minnesota, or any two of them so agreeing to form a consolidated company for this purpose, and in case of disagreement, then any one of them so desiring it, to be indicated by the President of the United States, whenever there shall be a line of railroad fully completed and equipped through Minnesota or Iowa to Sioux City, on the Missouri river, is hereby authorized to construct a railroad and telegraph from said Sioux City, upon the most direct and practicable route, ta intersect and unite with the said railroad from said western boundary of Iowa, at such point thereou as the President of the United States shall fix, not further west than the said one hundredth meridian of longitude, and to construct the same at a rate of not less than fifty miles each year, from and after the time when any such road shall be built through Minnesota or Iowa to said Sioux City, as aforesaid; and for and in aid of such purposes the said company may do and perform, in reference to said road provided for in ibis section, and in reference to the construction, equipment, maintenance, and enjoyment thereof, all and singular the several acts and things hereinbefore provided, authorized, granted, or required to be done by said company; and shall be entitled to similar and like grauts, benefits, immunities, guarantees, acts, and things to be done and performed by the Government of the United States, by the President of the United States, the Secretaries of the Treasury and of the Interior, or by commissioners, and be subject to like terms, conditions, restrictions, and regulations hereinbefore contained, relating to that portion of the said Union Pacific railroad and telegraph line between said initial point and said eastern base of the Rocky mountains, so far as such acts and things, grants, benefits, immunities, and guarantees are applicable to said road; troute of said road to be subject to the approval of the President of the United States.

It

Mr. HOWARD. I hope that will not prevail. I do not wish to make it a subject of debate. is introducing into the bill matter which was not considered by the committee, and I think the whole ground is sufficiently covered already by the other provisions of the bill. The fifteenth section of the bill req.res the Union Pacific Railroad Company to construct a line from Sioux City, southwestwardly, to unite with the main trunk, wherever there shall be a railroad in operation through the State of lowa or Minnesota. Whenever that thing shall be done, it will be the duty of the Union Pacific Railroad Company to construct this branch and unite Sioux City with the main trunk, and not until then. This amendinent, I believe, would authorize the consolidated companies mentioned in it to proceed at once to the construction of this branchi.

Mr. HARLAN. Not at all; only when a road shall be constructed through lowa or Minnesota to Sioux City.

Mr. HOWARD. Then it is sufficiently provided for in the bill already.

Mr. HARLAN. The only object that will be effected by this amendment, if it shall be adopted, will be to authorize these companies now organized in lowa and Minnesota to build this branch road, under precisely the same provisions that are now in the bill, instead of the Union Facific Railroad Company. Under the terms of the law of 1862, the Union Pacific Railroad Company was required to build thus branch road, and if they failed to do so they forfeited all their rights and franchises; but under this bill there is no forfeiture, so that it amounts to merely the privilege on their part to build the road. The people in lowa, and Minnesota, and Wisconsin, might very well doubt whether it would be the

interest of any company that might be organized as the Union Paciic railroad to build a branch road to connect with their northern system of roads, and thereby divide the profits of transportation with those who own the roads directly east of the main line. It might be the interest of the Union Pacific Railroad Company under this bill not to build this branch, and if they do not there are no forfeitures. They are under no obligations whatever to build this branch road; What they merely have the privilege to do so.

I seek to secure by this amendment is that this privilege to build the road shall be extended to the companies organized in Iowa and Minnesota if they choose to do so, and not be granted to the Union Pacific Railroad Company. It will be giving two companies in lowa the same right that is granted in the old law and in this bill to the railroad company in Missouri owning the road from Hannibal to St. Joseph, and nothing more.

Mr. POMEROY. I do not object to this amendment myself; I only want to make a remark in reference to what the Senator from Iowa said yesterday, when he stated that Congress had adopted a principle that it could not authorize a company to build a railroad in a State. Congress has never yet authorized a corporation of a State to build a railroad in a Territory. This is as much a new feature as the other feature of the bill of which the Senator spoke yesterday. The Senator's amendnent proposes to authorize two corporations created by States to build a railroad in a Territory where the United States have exclusive jurisdiction. I do not know that there is anything in the point, but I think if those State companies may be authorized by Congress to build a railroad in a Territory, Congress may at least authorize a company to build a railroad in a State.

Mr. HARLAN. The bill itself provides that the Hannibal and St. Joseph Railroad Company, in the State of Missouri, may build a hundred miles of this road in the State of Kansas.

Mr. POMEROY. But not in a Territory. Mr. GRIMES. What is the difference? Mr. HENDRICKS. That is still worse. Mr. HARLAN. That is, they cannot build a railroad in a Territory when they may build one in a State. It is supposed by some that Congress has jurisdiction over the Territories and may enact laws for the Territories, and modify laws now in existence in a Territory; and if Congress has that power, of course such a question as the Senator from Kansas suggests cannot be raised as to my amendment. But there are others who think that Congress has no right to organize a company to build a road in a State without the consent of the State. I respectfully differ, therefore, in opinion with the Senator from Kansas on this subject.

Mr. POMEROY. I only spoke of it as a new feature, not that I thought it unconstitutional or very objectionable. The Senator's objection to our amendment yesterday was on the ground of its being a new feature.

Mr. HOWARD. I have no doubt about the power of Congress to recognize a raiload charter granted by a State, and to give it certain priviTeges and franchises in regard to the public lands in the Territories of the United States. I have not any question about that, and I make no such point. I think we have full and plenary power. Mr. POMEROY. I have no doubt about it. Mr. HOWARD. My objection to this amendment is that it introduces into the bill a new feature that I do not fully understand, I confess. At the same time I am bound to say that the Senators who represent those States that are immediately

concerned understand it much better than I do, and I shall throw no obstacle in the way of the adoption of this amendment if they see fit to urge it. I am a little afraid of it myself under the cir

cumstances.

Thamendment to the amendment was agreed to. Mr. HARLAN. I now move to amend section fifteen so as to conform to this amendinent. Let

the heading of the section, instead of reading "Omaha and Sioux City branches," read "Omaha branch."

The PRESIDENT pro tempore. That amend

ment will be made.

Mr. HARLAN. In line three, I move to strike out the words "single line of." That is a provision that does not pertain to any other branch road or to the main line, and I see no reason why it should pertain to the Omaha branch. If they desire to build a double-track railroad from Omaha to the hundredth meridian, it seems to me they ought to have the right to do so.

The PRESIDENT pro tempore. The modification will be made, if there be no objection. The Chair hears no objection.

Mr. HARLAN. I move to amend the fifteenth section as I have marked it in red on the printed copy in my hand. The amendments are numerous, but merely as to phraseology, so as to make the section apply to the Omaha branch line.

The PRESIDENT pro tempore. The amend

ments will be read.

The Secretary read:

In section fifteen, line eight, after the word "longitude," strike out "and whenever there shall be a line of railroad

fully equipped through Minnesota or Iowa to Sioux City, on the Missouri river, said Union Pacific Railroad Com pany is hereby autized and required to construct a railroad and telegraph from said Sioux City, upon the most direct and practicable route, to intersect and unite with the said railroad from said western boundary of Iowa, at such point thereon as the President of the United States shall fix, not further west than the said one hundredth meridian of longitude, and to construct the same at a rate of not less than one hundred miles each year, front and after the time when any such road shall be built through Minnesota or lown to said Sioux City as autoresaid.”

The amendment to the amendment was agreed to. The PRESIDENT pro tempore. The Senator from lowa also moves further to amend the fifteenth section by striking out in line twenty-two the words "each of," and the letter "s" from the word "roads" in the same line. This amendment will be made. The next is on page 36, line thirty-seven, of the same section, after the words "applicable to said," to strike out the word "two" and the letter "s" from the word "roads:" and in the thirty-eighth line to strike out the words "or either of them," and “each of said,' and the letter "s" from the word "roads;" and in line forty-one to strike out the word “first.”

The amendments to the amendment were agreed to.

Mr.LANE,of Kansas. I move to amend line six. section thirteen, page 30, after the word "thereof," by inserting" via Lawrence and Topeka." The company that is now building this road have located it within about two miles of each of those towns, and ask of the towns a large amount of money to make it to the towns. I desire to remind the Senate that Lawrence suffered a loss a few months since of $1,100,000, and that Topeka is the seat of government of our State. Those who are interested in the road here have conversed with me on the subject and have no objection to the amendment being inserted. I ask it in justice to those two towns and to the State that I represent in part.

Mr. HOWARD. I should be very glad to do

anything in reason to indemnify the good penple of Lawrence for the losses which they have recently sustained, but I take it that this is not exactly the occasion and form in which that is to be done; I hope therefore the amendment will not be adopted, as it would change the tenor and ef fect of the bill very much. It has not been the purpose of the committee to change the original all to stand precisely as before, routes as fixed by the act of 1862, leaving them

Mr. POMEROY. I think the object of my colleague will be accomplished if he only obliges the road to touch at the river opposite these points. river; and if the amendment prevails it will oblige The road is being built on the opposite side of the them to build on the opposite side of the river to that where they have now,finished a part of the road. If the amendment of my colleague should prevail, the law would be that they begin on the south side of the Kansas river, extending the road by way of Lawrence and Topeka, which are both on the south side. In point of fact, the road is being built on the north side. The object of my colleague, I think, is a very good one; I am in favor of having these roads touch the river opposite those towns if they come up on the north side; but to oblige them to cross the 1.ver and go up on the other side, I think ought not to be done. That should be left to the company. Let them league will amend his amendment so as to have come up on which side they please. If my colthem touch the river opposite to these towns, l shall have no objection.

Mr. LANE, of Kansas. I am perfectly willing to agree to that modification; it is all I desire; I am willing to have the road within a mile of the towns. I desire to say to the chairman of the committee that there is nothing in nature to prevent this company constructing the road opposite these two towns. The chairman seems to feel some sympathy for the town of Lawrence. We have had an application here for remuneration; but the Government is not now prepared to remunerate. I hope that this amendment will prevail. The result of the theory of the company will be this—and I desire the ear of the chairman of the committee when I state it

Mr. HOWARD. Let me inquire of the Senator from Kansas whether this amendment of his will not necessitate the construction of two bridges across the river?

prole of

Mr. LANE, of Kansas. Not at a' pose to amend it so as to read, “with.. either of the towns." The river is not more than an eighth of a mile across.

Mr. HOWARD. It seems to me we had better leave that matter to be regulated between the company and the citizens of those places. This whole subject was discussed, if I remember rightly, during the discussion of the original bill in 1862. This present bill does not vary in this respect from the act of 1862; it is the same thing; the committee thought it not best under the circumstances to alter it.

Mr. LANE, of Kansas. I think the chairman does not understand me. This question was discussed in the committee, of which I was a member. The Senator from Ohio [Mr. SHERMAN] will recollect that it was fully discussed; but as the road was to follow the valley of the Kansas river, it was not deemed necessary to insert the names of these two towns, in the expectation, and the confident expectation on my part, that these two towns would be made points upon the road. Now, the object is to destroy-no, I will not say that; I do not know that that is the intention, but the result will be that Lawrence and Topeka