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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 best bidder: Provided further, That in the or steer to be used construction of the said railroad, American iron or steel exclusively. only shall be used, the same to be manufactured from

American ores exclusively.

SEC. 2. And be it further resolved, That Congress may at Resolution may at any time alter or amend this joint resolution, having

due regard to the rights of said company, and any other parties.

Approved, May 31, 1870 (16 Stat., 378).

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ATLANTIC AND PACIFIC AND SOUTHERN PACIFIC

RAILROADS.

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.

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ration.

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 Atlantico Por law, by the name, style, and title of the “ Atlantic and incorporated. Pacific Railroad Company,” and by that name shall have aflame of corpo 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 ma operate ata na may make and have a common seal. And said corporaconstruct railroad tion is hereby authorized and empowered to lay out,

locate, and construct, furnish, maintain, and enjoy, a and continuous railroad and telegraph line, with the appur

tenances, 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 inay 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

telegraph line.

Termini route,

eastward to near Van

right to construct a branch from the point at which the Branch road strikes the Canadian River eastwardly, along the Buren, Ark. most suitable route as selected, to a point in the western boundary line of Arkansas, at or near the town of Van Buren,

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Sec. 2. And be it further enacted, That the right of way gradient her way

through through the public lands be, and the same is hereby, public lands for granted to the said Atlantic and Pacific Railroad Com- railroad and telepany, its successors and assigns, for the construction of 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 material of earth, stone, timber, and so forth, for the con- come trencalor struction thereof. Said way is granted to 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, machine-shops, switches, sidetracks, turn-tables, and water-stations; and the right of experiebat from working way shall be exempt from taxation within the Territories ation. of 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 oper

be extinguished. ation of this act and acquired in the donation to the road named in the act.

SEC. 3. And be it further enacted, That there be, and Public lands hereby is, granted to the Atlantic and Pacific Railroad corporation Company, its successors and assigns, for the purpose of struction of railaiding in the construction of said railroad and telegraph road and“ teloline to the Pacific coast, and to secure the safe and speedy 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 office; and Lieu lands. whenever, prior to said time, any of said sections or parts of sections shall have been granted, sold, reserved, occupied by homestead settlers, or pre-empted, or otherwise disposed of, other lands shall be selected by said company 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, and not including the reserved

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roads.

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excluded.

or coal.

Route on other numbers: 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: Road having Provided further, That the railroad company receiving previous grant.

the previous grant of land may assign their interest to said “Atlantic and Pacific Railroad Company," or may consolidate, condeferate, and associate with said com

pany upon the terms named in the first and seventeenth Mineral lands sections of this act: Provided further, That all mineral

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,

and within twenty miles thereof, may be selected as above to include" front 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 "Atlantic and Pacific Rail

road.” Patents issued

SEC. 4. And be it further enacted, That whenever said on completion of twenty-five miles Atlantic and 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, who shall be paid a reasonable compensation for their services by the company, to be determined by the Secretary of the Interior; 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 required by this act, the commissioners shall so report under oath, 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.

of road.

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Sec. 6. And be it further enacted, That the President of sides line of route of road.

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

sections not liable to sale,

the odd sections of land hereby granted shall not be liable no dia to sale or entry, or pre-emption, before or after they etc. are surveyed, except by said company, as provided in this act; but the provisions of the act of September, eighteen hundred and forty-one, granting pre-emption rights, and the acts amendatory thereof, and of the act entitled “An act to secure homesteads to actual settlers Provisions on the public domain" approved May twenty, eighteen etc. 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.

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SEC. 18. And be it further enacted, That the Southern Southern Pacific

Railroad, a company incorporated under the laws Company imay of the State of California, is hereby authorized to connect lantic and pa with the said Atlantic and Pacific Railroad, formed under cific. this act, at such point, near the boundary line of the State of California, as they shall deem most suitable for a railroad line to San Francisco, and shall have a uniform gauge and rate of freight or fare with said road; and in consideration thereof, to aid in its construction, shall have similar grants of land, subject to all the conditions Similar grants and limitations herein provided, and shall be required to construct its road on the like regulations, as to time and manner, with the Atlantic and Pacific Railroad herein provided for.

of

Approved, July 27, 1866 (14 Stat., 292).

An Act To incorporate the Texas Pacific Railroad Company, and to aid

in the construction of its road, and for other purposes.

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SEC. 23. That, for the purpose of connecting the Texas Southern Pa Pacific railroad with the City of San Francisco, the Company may Southern Pacific Railroad Company of California is here-constructed road by authorized (subject to the laws of California) to con- Texas Pacific struct a line of railroad from a point at or near Telmachapa San Francisco. Pass, by way of Los Angeles, to the Texas Pacific railroad at or near the Colorado river, with the same rights, grants, le Grants privi and privileges, and subject to the same limitations, restrictions, and conditions as were granted to said Southern Pacific Railroad Company of California, by the act of July twenty-seven, eighteen hundred and sixty-six: Provided, however, That this section shall in no way affect or impair the rights, present or prospective, of the Atlantic and Pacific Railroad Company or any other railroad company.

Approved, March 3, 1871 (16 Stat., 579).

An Act To enable the Atlantic and Pacific Railroad Company to mortgage

its road.

The and Pacific Rail

may

gages.

Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, Atlantic that the Atlantic and Pacific Railroad Company, organroad Company ized under act of Congress of July twenty-seven, eighteen secured by mort hundred and sixty-six, is hereby authorized to make and

issue its bonds in such form and manner, for such sums, payable at such times, and bearing such rate of interest, and to dispose of them on such terms as its directors may deem advisable; and to secure said bonds, the said company may mortgage its road, equipment, lands, franchises, privileges, and other rights and property,

subject to such terms, conditions, and limitations as its Proof of execu- directors may prescribe. As proof and notice of the legal

execution and effectual delivery of any mortgage hereafter made by said company, it shall be filed and recorded in the office of the Secretary of the Interior: Provided, That if the company shall hereafter suffer any breach of the conditions of the act above referred to, under which it is organized, the rights of those claiming under any mortgage made by the company to the lands granted to it by said act shall extend only to so much thereof as shall be conterminous with or appertain to that part of said road which shall have been constructed at the time of the foreclosure of said mortgage.

Approved, April 20, 1871 (17 Stat., 19).

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Forfeiture

of way.

An Act To forfeit the lands granted to the Atlantic and Pacific Railroad

Company to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast, and to restore the same to settlement, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

d. That all the lands, excepting the right of way and the grant of lands ad. jacent to uncom, right, power, and authority given to said corporation to

. Foad except right take from the public lands adjacent to the line of said

road material of earth, stone, timber, and so forth, for the construction thereof, including all necessary grounds for station buildings, workshops, depots, machine shops, switches, side-tracks, turn-tables, and water-stations, heretofore granted to the Atlantic and Pacific Railroad Company by an act entitled "An act granting lands to aid in the construction of a railroad and telegraph iine from the States of Missouri and Arkansas to the Pacific coast,” approved July twenty-seventh, eighteen hundred and sixty-six, and subsequent acts and joint resolutions of Congress, which are adjacent to and coterminous with the uncompleted portions of the main line of said road, embraced within both the granted and indemnity limits, as contemplated to be constructed under and by the provisions of he said act of July twenty-seventh, eighteen hundred and sixty-six, and acts and joint

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