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resolutions subsequent thereto and relating to the construction of said road and telegraph, be and the same are hereby, declared forfeited and restored to the public domain.

Approved, July 6, 1886 (24 Stat., 123).

The act of March 3, 1897, (29 Stat., 622) defines the rights of purchasers under mortgages authorized by the act of April 20, 1871 (17 Stat., 19).

The act of June 27, 1902 (32 Stat., 405) authorizes the Santa Fe Pacific Railroad Company to sell or lease its railroad property and Franchises.

OREGON AND CALIFORNIA RAILROAD.

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An Act Granting lands to aid in the construction of a railroad and tele

graph line from the Central Pacific Railroad, in California, to Portland, in Oregon.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the “California and Oregon Railroad Company,” and heregon ante. organized under an act of the State of California, to pro- Co. and an Oretect certain parties in and to a railroad survey, to con- may locate and nect Portland, in Oregon, with Marysville, in California," construct a rallapproved April sixth, eighteen hundred and sixty-three, graph Line and such company organized under the laws of Oregon Oregon, and the as the legislature of said State shall hereafter designate, fantradd inacalle be, and they are hereby, authorized and empowered to fornia. lay out, locate, construct, finish, and maintain a railroad and telegraph line between the city of Portland, in Oregon, and the Central Pacific Railroad, in California, in the manner following, to wit: The said California and Oregon Railroad Company to construct that part of the pany to build. said

railroad and 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 firsthe

first completing the company completing its respective part of the said may continuo. railroad and telegraph from either of the termini herein named to the line between California and Oregon before the other company shall have likewise arrived 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

company Grant of public lands, not' mineral.

Lieu lands.

Lands to withdrawn from sale.

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.

SEC. 2. And be it further enacted, That there be, and hereby is, granted to the said companies, their successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores over the line of said railroad, every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile (ten on each side) of said railroad line; and when any of said alternate sections or parts of sections shall be found to have been granted, sold, reserved, occupied by, homestead settlers, preempted, or otherwise disposed of, other lands, designated as aforesaid, shall be selected by said companies in lieu thereof, under the direction of the Secretary of the Interior, in alternate sections designated by odd numbers as aforesaid, nearest to and not more than ten miles beyond the limits of said first-named alternate sections, and as soon as the said companies, or either of them, shall file in the office of the Secretary of the Interior a map of the survey of said railroad, or any portion thereof, not less

than sixty continuous miles from either terminus, the to robe Secretary of the Interior shall withdraw from sale public

lands herein granted on each side of said railroad, so far Lands granted as located and within the limits before specified. The building road in lands herein granted shall be applied to the building of

said road within the States, respectively, wherein they are situated. And the sections and parts of sections of land which shall remain in the United States within the

limits of the aforesaid grant shall not be sold for less than mini- double the minimum price of public lands when sold:

Provided, That bona fide and actual settlers under the preemption laws of the United States may, after due proof of settlement, improvement, and occupation, as now provided by law, purchase the same at the price fixed for said lands at the date of such settlement, improvement, and occupation: And provided, also, shat, settlers under the provisions of the homestead act, who comply with the terms and requirements of said act, shall be entitled, within the limits of said grant, to patents for an amount not exceeding eighty acres of the land so reserved by the United States, anything in this

act to the contrary notwithstanding. Right of way SEC. 3. And be it further enacted, That the right of way

through the public lands be, and the same is hereby, granted to said companies for the construction of said railroad and telegraph line; and the right, power, and authority are hereby given to said companies to take from the public lands adjacent to the line of said road,

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earth, stone, timber, water, and other materials for the Materials construction thereof. Said right of way is granted to said railroad to the extent of one hundred feet in width Extent of grant. on each side of said railroad where it may pass over the public lands, including all necessary grounds for stations, til Lands for sta

tion , buildings, workshops, depots, machine-shops, switches, side-tracks, turntables, water stations, or any other structures required in the construction and operating of said road.

Sec. 4. And be it further enacted, That whenever the Patents, said companies, or either of them, shall have twenty or more consecutive miles of any portion of said railroad and telegraph line ready for the service contemplated by this act, the President of the United States shall appoint three commissioners, whose compensation shall be paid by said company, to examine the same, and if it shall appear that twenty consecutive miles of railroad and telegraph shall have been completed and equipped in all respects as required by this act, the said commissioners shall so report under oath to the President of the United States, and thereupon patents shall issue to said companies, or either of them, as the case may bė, for the lands hereinbefore granted, to the extent of and coterminous with the completed section of said railroad and telegraph line as aforesaid; and from time to time, whenever twenty or more consecutive miles of the said road and telegraph shall be completed and equipped as aforesaid, patents shall in like manner issue upon the report of the said commissioners, and so on until the entire railroad and telegraph authorized by this act shall have been constructed, and the patents of the lands herein granted shall have been issued.

SEC. 5. And be it further enacted, That the grants afore- conditions said are made upon the condition that the said companies shall keep said railroad and telegraph in repair and use, and shall at all times transport the mails upon said railroad, and transmit despatches by said telegraph line for the government of the United States, when required so to do by any department thereof, and that the government shall at all times have the preference in the use of said railroad and telegraph therefor at fair and reasonable rates of compensation, not to exceed the rates paid by, private parties for the same kind of service. And said railroad shall be and remain a public highway for Wublic highthe use of the government of the United States, free of all toll or other charges upon the transportation of the property or troops of the United States; and the same shall be transported over said road at the cost, charge, and expense of the corporations or companies owning or operating the same, when so required by the government of the United States.

SEC. 6. And be it further enacted, That the said com- Companies' aspanies shall file their assent to this act in the Department

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of the Interior within one year after the passage hereof, and shall complete the first section of twenty miles of said railroad and telegraph within two years, and at least twenty miles in each year thereafter, and the whole on

or before the first day of July, one thousand eight hunto be cornected dred and seventy-five; and the said railroad shall be of

the same gauge as the “Central Pacific Railroad” of California, and be connected therewith.

Sec. 7. And be it further enacted, That the said companies named in this act are hereby required to operate and use the portions or parts of said railroad and telegraph mentioned in section one of this act for all purposes of transportation, travel, and communication, so far as the government and public are concerned, as one connected and continuous line; and in such operation and use to afford and secure to each other equal advantages and facilities as to rates, time, and transportation, without any discrimination whatever, on pain of forfeiting the full amount of damage sustained on account of such discrimination, to be sued for and recovered in any court of the United States, or of any State, of competent jurisdiction.

Sec. 8. And be it further enacted, That in case the said fand to recomply companies shall fail to comply with the terms and con

ditions required, namely, by not filing their assent thereto as provided in section six of this act, or by not completing the same as provided in said section, this act shall be null and void, and all the lands not conveyed by patent to said company or companies, as the case may be, at the date of any such failure, sḥall revert to the United States. And in case the said road and telegraph line shall not be kept in repair and fit for use, after the same

shall have been completed, Congress may pass an act to To be kept in put the same in repair and use, and may direct the inrepair,

come of said railroad and telegraph line to be thereafter devoted to the United States, to repay all expenditures caused by the default and neglect of said companies or either of them, as the case may be, or may fix pecuniary responsibility, not exceeding the value of the lands

granted by this act. Governed by SEC. 9. And be it further enacted, That the said “Calilaws of respective fornia and Oregon Railroad Company” and the said

“Oregon Company” shall be governed by the provisions of the general railroad and telegraph laws of their respective States, as to the construction and management of the said railroad and telegraph line hereinbefore authorized, in all matters not provided for in this act. Wherever the word “company" or "companies" is used in this act it shall be construed to embrace the words “their associates, successors, and assigns," the same as if the words

had been inserted, or thereto annexed. Mineral lands

SEC. 10. And be it further enacted, That all mineral excepted.

lands shall be excepted from the operation of this act Timber for con- but where the same shall contain timber, so much of the

timber thereon as shall be required to construct said road

struction.

coal and iron,

States.

over such mineral land is hereby granted to said companies: Provided, That the term mineral lands" shall "Mineral” not not include lands containing coal and iron. SEC. 11. And be it further enacted, That the said com

Consent of panies named in this act shall obtain the consent of the legislatures of their respective States, and be governed by the statutory regulations thereof in all matters pertaining to the right of way, wherever the said road and telegraph line shall not pass over or through the public lands of the United States.

SEC. 12. And be it further enacted, That Congress may amended. at any time, having due regard for the rights of said California and 'Oregon railroad companies, add to, alter, amend, or repeal this act.

Approved, July 25, 1866 (14 Stat., 239).

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An Act To amend an act entitled “An act granting lands to aid in the

construction of a railroad and telegraph line from the Central Pacific Railroad, in California, to Portland, in Oregon.” Be it enacted by the Senate and House of Representatives Time of comof the United States of America in Congress assembled, road That section six of an act entitled “An act granting lands staph. to aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in California, to Portland, in Oregon,” approved July twenty-fifth, eighteen hundred and sixty-six, be so amended as to provide that instead of the times now fixed in said section, the first section of twenty miles of said railroad and 'telegraph shall be completed within eighteen months from the passage of this act, and at least twenty miles in each two years thereafter, and the whole on or before the first day of July, anno Domini eighteen hundred and eighty.

Approved, June 25, 1868 (15 Stat., 80).

An Act To amend an act entitled "An act granting lands to aid in the

construction of a railroad and telegraph line from the Central Pacific Railroad, in California, to Portland, in Oregon," approved July twentyfive, eighteen hundred and sixty-six.

Be it enacted by the Senate and House of Representatives rassent, be maila of the United States of America in Congress assembled, within one year. That section six of an act entitled "An act granting lands to aid in the construction of a railroad, in California, to Portland, in Oregon," approved July twenty-five, eighteen hundred and sixty-six, be, and the same is hereby, amended so as to allow any railroad company heretofore designated by the legislature of the State of Oregon, in accordance with the first section of said act, to file its assent to such act in the Department of the Interior within one year from the date of the passage of this act; and such filing of its assent, if done within one year from the passage hereof, shall have the same force and effect to all intents and purposes as if such assent had been filed within one year after the passage of said act: Provided, not come

rights That nothing herein shall impair any rights heretofore

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