Lands in lieu transportation of the mails, troops, munitions of war, and public stores, over the route of said line of railway, 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 preemption, or other claims or rights, at the time the line of said road is definitely fixed, and a plat thereof filed in the office of the commissioner of the general land-office; and whenever, prior to said time, any of said sections or parts of sections shall have been granted, sold, reserved, occupied by homestead settlers, or preempted, or otherwise of those reserved, disposed of, other lands shall be selected by said com- etc. pany in lieu thereof, under the direction of the Secretary of the Interior, in alternate-sections, and designated by odd numbers, not more than ten miles beyond the limits of said alternate sections: Provided, That if said route shall be found upon the line of any other railroad route to aid in the construction of which lands have been heretofore granted by the United States, as far as the routes are upon the same general line, the amount of land heretofore granted shall be deducted from the amount granted by this Act: Provided further, That the railroad company receiving the previous grant of land may assign their interest to said "Northern Pacific Railroad Company," or may consolidate, confederate, and associate with said company upon the terms named in the first section of this Act: Provided further, That all mineral Mineral lands lands be, and the same are hereby, excluded from the operations of this Act, and in lieu thereof a like quantity of unoccupied and unappropriated agricultural lands, in odd numbered sections, nearest to the line of said road. may be selected as above provided: And provided further, That the word "mineral," when it occurs in this Act, shall not be held to include iron or coal: And provided further, That no money shall be drawn from the treasury of the United States to aid in the construction of the said "Northern Pacific Railroad." excluded. SEC. 4. And be it further enacted, That whenever said Commissioners. "Northern Pacific Railroad Company" shall have twenty-five consecutive miles of any portion of said railroad and telegraph line ready for the service contemplated, the President of the United States shall appoint three commissioners to examine the same, and if it shall appear that twenty-five consecutive miles of said road and telegraph line have been completed in a good, substantial, and workmanlike manner, as in all other respects Also see subtitle "Settlers, adjustments, and forfeitures." Patents. required by this Act, the commissioners shall so report to the President of the United States, and patents of lands, as aforesaid, shall 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 twenty-five additional consecutive miles shall have been constructed, completed, and in readiness as aforesaid, and verified by said commissioners 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: Ten sections Provided, That not more than ten sections of land per mile, as said road shall be completed, shall be conveyed to said company for all that part of said railroad lying east of the western boundary of the State of Minnesota, until the whole of said railroad shall be finished and in good running order, as a first-class railroad, from the place of beginning on Lake Superior to the western boundary of Minnesota: Provided also, That lands shall not be granted under the provisions of this Act on account of any railroad, or part thereof, constructed at the date of the passage of this Act. per mile. Railroad to be constructed in ner. Gauge. SEC. 5. And be it further enacted, That said Northern substantial man Pacific Railroad shall be constructed in a substantial and workmanlike manner, with all the necessary draws, culverts, bridges, viaducts, crossings, turnouts, 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 Telegraph line. 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 individuals roads for like transportation and telegraphic service. And it shall be the duty of the Northern Pacific Railroad Company to permit any other railroad which shall be authorized to be built by the United States, or by the legis lature of any territory or state in which the same may be situated, to form running connections with it, on fair and equitable terms. Other may form connections. Lands both sides veyed. on of SEC. 6. And be it further enacted, That the President road to be sur of the United States shall cause the lands to be surveyed for forty miles in width on both sides of the entire line of said road, after the general route shall be fixed, and as fast as may be required by the construction of said railroad; and the odd sections of land hereby granted shall not be liable to sale, or entry, or preemption before or after they are surveyed, except by said company, as pro vided in this Act; but the provisions of the Act of September, eighteen hundred and forty-one, granting preemption rights, and the Acts amendatory thereof, and of the Act entitled "An Act to secure homesteads to actual settlers on the public domain," approved May twenty, eighteen hundred and sixty-two, shall 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. And the reserved alternate sections shall not be sold by the government at a price less than two dollars and fifty cents per acre, when offered for sale. Approved, July 2, 1864 (13 Stat. 365). Joint Resolution Granting right of way for the construction of a railroad from a point at or near Portland, Oregon, to a point west of the Cascade Mountains, in Washington Territory. Northern Pacific Railroad Co. branch line from connect same Cascade Moun Be it resolved by the Senate and House of Representatives of the United States of America in Congress assem bled, That the Northern Pacific Railroad Company be, may extend its and hereby is, authorized to extend its branch line from a Portland to Pupoint at or near Portland, Oregon, to some suitable point get Sound, and on Puget Sound, to be determined by said company, and with its main also to connect the same with its main line west of the line west of the Cascade Mountains, in the Territory of Washington; said tains. extension being subject to all the conditions and provisions, and said company in respect thereto being entitled to all the rights and privileges conferred by the Act incorporating said company, and all Acts additional to and amendatory thereof: Provided, That said company shall not be entitled to any subsidy in money, bonds, or additional lands of the United States, in respect to said extension of its branch line as aforesaid, except such lands as may be included in the right of way on the line of such extension as it may be located: And provided further, That at least twenty-five miles of said extension shall be constructed before the second day of July, eighteen hundred and seventy-one, and forty miles per year thereafter until the whole of said extension shall be completed. Approved, April 10, 1869 (16 Stat. 57). A Resolution Authorizing the Northern Pacific Railroad Company to issue its bonds for the construction of its road and to secure the same by mortgage, and for other purposes. Pa may issue bonds Resolved by the Senate and House of Representatives Northern of the United States of America in Congress assembled, cific Railroad Co. That the Northern Pacific Railroad Company be, and secured by morthereby is, authorized to issue its bonds to aid in the con- gage. struction and equipment of its road, and to secure the same by mortgage on its property and rights of property 36039-23- -23 its execution. Location road. lands, how made up. of all kinds and descriptions, real, personal, and mixed, including its franchise as a corporation; and, as proof and notice of its legal execution and effectual delivery, Mortgage to be said mortgage shall be filed and recorded in the office of filed as proof of the Secretary of the Interior; and also to locate and construct, under the provisions and with the privileges, grants, and duties provided for in its act of incorporation, its main road to some point on Puget Sound, via the valley of the Columbia river, with the right to locate of and construct its branch from some convenient point on its main trunk line across the Cascade Mountains to Puget Sound; and in the event of there not being in any Deficiency in State or Territory in which said main line or branch may be located, at the time of the final location thereof, the amount of lands per mile granted by Congress to said company, within the limits prescribed by its charter, then said company shall be entitled, under the directions of the Secretary of the Interior, to receive so many sections of land belonging to the United States, and designated by odd numbers, in such State or Territory, within ten miles on each side of said road, beyond the limits prescribed in said charter, as will make up such deficiency, on said main line or branch, except mineral and other lands as excepted in the charter of said company of eighteen hundred and sixty-four, to the amount of the lands that have been granted, sold, reserved, occupied by homestead settlers, pre-empted, or otherwise disposed of subsequent to the passage of the Act of July two, eighteen Twenty-five hundred and sixty-four. And that twenty-five miles of be completed by Said main line between its western terminus and the city January 1, 1872. of Portland, in the State of Oregon, shall be completed each year there by the first day of January, anno Domini eighteen hundred and seventy-two, and forty miles of the remaining portion thereof each year thereafter, until the whole shall be completed between said points: Provided, That all lands hereby granted to said company which shall not be Lands unsold sold or disposed of or remain subject to the mortgage by from completion this Act authorized, at the expiration of five years after of road to be the completion of the entire road, shall be subject to setpre- tlement and preemption like other lands, at a price to emption at not be paid to said company not exceeding two dollars and fifty cents per acre; and if the mortgage hereby authorized shall at any time be enforced by foreclosure or other legal proceeding, or the mortgaged lands hereby granted, or any of them, be sold by the trustees to whom such mortgage may be executed, either at its maturity or for any failure or default of said company under the terms thereof, such lands shall be sold at public sale, at places within the States and Territories in which they shall be situate, after not less than sixty days' previous notice, in single sections or subdivisions thereof, to the highest and American iron best bidder: Provided further, That in the construction used exclusively. of the said railroad, American iron or steel only shall be miles of road to and 40 miles after. after five years subject to settlement and over acre. or $2.50 per steel to be used, the same to be manufactured from American ores exclusively. SEC. 2. And be it further resolved, That Congress may be altered. at any time alter or amend this joint resolution, having Resolution may due regard to the rights of said company, and any other parties. Approved, May 31, 1870 (16 Stat. 378). GRANTS TO ATLANTIC & PACIFIC AND SOUTHERN An Act Granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast. Atlantic & Pacific Railroad Co. Name of corporation. and construct Termini egraph line. Termini and route. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That [certain persons mentioned] 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 perpetual succession, and shall be able incorporated. 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 empow-Corpora ered to lay out, locate, and construct, furnish, maintain. tion may locate and enjoy, a continuous railroad and telegraph line, with railroad and telthe appurtenances, namely: Beginning at or near the town of Springfield, in the State of Missouri, thence to the western boundary line of said State, and thence by the most eligible railroad route as shall be determined by said company to a point on the 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 head-waters of the Colorado Chiquito, and thence, along the thirty-fifth 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 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 ward to near Van River eastwardly, along the most suitable route as selected, to a point in the western boundary line of Arkansas, at or near the town of Van Buren. Branch east Buren, Ark. granted through of railroad and tele SEC. 2. And be it further enacted, That the right of Right of way way through the public lands be, and the same is hereby, public lands fo granted to the said Atlantic and Pacific Railroad Com- construction pany, its successors and assigns, for the construction of a graph. railroad and telegraph as proposed; and the right, power, and authority is hereby given to said corporation to take from the public lands adjacent to the line of said road |