AN ACT TO AID IN THE CONSTRUCTION OF A FROM THE MISSOURI RIVER TO THE PACIFIC OCEAN. APPROVED JULY 1, 1S63. NEW YORK: L. H. BIGLOW & CO., PRINTERS, NO. 2 WILLIAM STREET. PACIFIC RAILROAD BILL. An act to aid in the construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other pur¬ poses. Be it enacted by the Senate and- House of B&presenta- Pacific Raii- tives of the United States of America in Congress assem¬ bled, That Walter S. Burgess, William P. Blodget, ' . Corporators. Benjamin H. Cheever, Charles Fosdick Fletcher, of Rhode Island; Augustus Brewster, Henry P. Haven, Cornelius S. Bushneil, Henry Hammond, of Connecticut; Isaac Sherman, Dean Richmond, Royal Phelps, William H. Ferry, Henry A. Paddock, Lewis J. Stancliff, Charles A. Secor, Samuel R. Campbell, Alfred E. Tilton, John Anderson, Azariah Boody, John S. Kennedy, H. Carver, Joseph Field, Benjamin F. Camp, Orville W. Childs, Alexander J. Bergen, Ben, Holiday, D. N. Barney, S. De Witt Bloodgood, William H. Grant, Thomas W. Olçott, Samuel B. Ruggles, James B. Wilson, of New York; Ephraim Marsh, Charles M. Ilarker, of New Jersey; John Edgar Thompson, Benjamin Haywood, Joseph H. Scran ton, Joseph Harrison, George W. Cass, John H. Bryant, Daniel J. Morell, Thomas M. Howe, William F. Johnson, Robert Finney, John A. Green, E. R. Myre, Charles F. Wells, junior, of Pennsylvania, Noah L. Wilson, Amas Stone, William H. Clement," S. S. L'Hommedieu, John Brough, William Dennison, Jacob Blickinsderfer, of Ohio; William M. McPherson, R. W. Wells, Willard P. Hall, Armstrong Beatty, John Corby, of Missouri; S. J. Hensley, Peter Donahue, C. P. Huntington, T. D. Judah, James Bailey, James T. Ryan, Charles Hosmer, Charles Marsh, D. 0. Mills, 4 Samuel Bell, Louis McLane, George W. Mowe, Charles McLaughlin, Timothy Dame, John R. Robinson, of California; John Atchison and John D. Winters, of the Territory of Nevada; John D. Campbell, R. N. Rice, Charles A. Trowbridge, Ransom Gardner, Charles W, Penny, Charles T. Gorham, William McDonnell, of Michigan; William F. Coolbaugh, Lucius II. Lang- worthy, Hugh T. Reid, Hoyt Sherman, Lyman Cook, Samuel R. Curtis, Lewis A. Thomas, Piatt Smith, of Iowa; William B. Ogden, Charles G.Hammond, Henry Farnum, Amos C. Babcock, W. Seldon Gale, Neliemiah Bushnell and Lorenzo Bull, of Illinois; William H, Swift,* Samuel T. Dana, John Bertram, Franklin S. Stevens, Edward R. Tinker, of Massachusetts; Franklin Gorin, Laban J. Bradford and John T. Levis, of Ken¬ tucky; James Dunning, John M. Wood, Edwin Noyes, Joseph Eaton, of Maine; Henry H. Baxter, George W. Collamer, Henry Keyes, Thomas H. Canfield, of Ver¬ mont; William S. Ladd, A. M. Berry, Benjamin F. Harding, of Oregon; VWilliam Bunn. junior, John Cat- lin, Levi Sterling, John Thompson, Elihu L. Philips, Walter D. Mclndoe, T. B. Stoddard, E. H. Broadhead, A. II. Virgen, of Wisconsin; Charles Paine, Thomas A. Morris, David E. Branham, Samuel Hanna, Jonas Votaw, Jesse L. Williams, Isaac C. Elston, of Indiana; Thomas Swan, Chauncey Brooks, Edward Wilkins, of Maryland; Francis R. E. Cornell, David Blakeley, A. D. Seward, Henry A. Swift, Dwight Woodbury, John McKusick, John R. Jones, of Minnesota; Joseph A. Gil- more, Charles W. Woodman, of New Hampshire; W. H. Grimes, J. C. Stone, Chester Thomas, John Kerr, Werter R. Davis, Luther C. Challis, Josiah Miller, of Kansas; Gilbert C. Monell and Augustus Kountz, T. M. Marquette, William H, Taylor, Alvin Saunders, of Nebraska; and John Evans, of Colorado; together with five commissioners to be appointed by the Secretary of the Interior, and all persons who shall or may be asso¬ ciated with them, and their successors, are hereby ere- 5 ated and erected into a body corporate and politic in deed and in law, by the name, style, and title of " The Name of , ~ , corporation. Union Pacific Railroad Company;" and by that name shall have perpetual succession, and shall be able to sue and to 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;se™mon and the said corporation is hereby authorized and em¬ powered to lay out, locate, construct, furnish, maintain, corporation, and enjoy a continuous railroad and telegraph, with the appurtenances, from a point on the one hundredth Termini of • i • n i • i -i k p r~y i j railroad and. meridian of longitude west from Greenwich, between telegraph, the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, to the western boundary of Nevada Territory, upon the route and terms herein¬ after provided, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this act as herein set forth. The capital stock of said company shall consist of one hundred capital stoclc. thousand shares of one thousand dollars each, which shall he subscribed for and held in not more than two shares. hundred shares by any one person, and shall be trans¬ ferable in such manner as the by-laws of said corpora¬ tion shall provide. The persons hereinbefore named, together with those to be appointed by the Secretary of the Interior, are hereby constituted and appointed com-^fion. missioners, and such body shall be called the Board ofeM- Commissioners of the Union Pacific Railroad and Tele¬ graph Company, and twenty-five shall constitute a quo-QUOrum. rum for the transaction of business. The first meeting of said board shall be held at Chicago, at such time as meet* the commissioners from Illinois herein named shall ap¬ point, not more than three nor less than one month after the passage of this act, notice of which shall be given by them to the other commissioners by depositing a call thereof in the post office at Chicago, post paid, to their address at least forty days before said meeting, and also fi Organiza¬ tion. Officers of the hoard. Subscription books. First meet¬ ing of the subscribers to stock. Directors. Votes. Stockhold¬ ers to con¬ stitute the body corpo¬ rate. by publishing said notice in one daily newspaper in each of the cities of Chicago and St. Louis. Said hoard shall organize by the choice from its number of a presideut, secretary, and treasurer, and they shall require from said treasurer such bonds as inay be deemed proper, and may from time to time increase the amount thereof as they may deem proper. It shall be the duty of said board of commissioners to open books, or cause books to be opened, at such times and in such principal cities in the United States as they or a quorum of them shall determine, to receive subscriptions to the capital stock of said corpo¬ ration, and a cash payment of ten per centum on all subscriptions, and to receipt therefor. So soon as two thousand shares shall be in good faith subscribed for, and ten dollars per share actually paid into the treasury of the company, the said president and 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, and shall give notice thereof in at least one newspaper in each State in which subscription books have been opened, at least thirty days previous to the day of meeting, and such subscribers as shall attend the meeting so called, either in person or by proxy, shall then and there elect by ballot not less than thirteen directors for said corporation; and in such election each share of said capital shall entitle the owner thereof to one vote. The president and secretary of the board of commissioners shall act as inspectors of said election, and shall certify under their hands the names of the directors elected at said meeting; and the said commis¬ sioners, treasurer and secretary shall then deliver over to said directors all the properties, subscription books, and other books in their possession, and thereupon the duties of said commissioners and the officers previously ap¬ pointed by them shall cease and determine forever, and thereafter the stockholders shall constitute said body politic and corporate. At the time of the first and each triennial election of directors by the stockholders two 7 additional directors shall be appointed by the President of the United States, who shall act with the body of Directors on # , thö part of directors, and to be denominated directors on the part ofthe sovorn- ' > 1 ment. the government; any vacancy happening in the govern¬ ment directors at any time may be filled by the Presi¬ dent of the United States. The directors to be ap¬ pointed by the President shall not be stockholders in the Union Pacific Bailroad Company. The directors President, so chosen shall, as soon as may be after their election, d(ínt," re¬ elect from their own number a president and vice-presi- secretary, dent, and shall also elect a treasurer and secretary. No J "Who may person shall be a director in said company unless he shallbQdirectors- be a bona fide owner of at least five shares of stock in the said company, except the two directors to be ap¬ pointed by the President as aforesaid. Said company, at any regular meeting of the stockholders called forBy-iaws. that purpose, shall have power to make by-laws, rules and regulations, as they shall deem needful and proper, touching the disposition of the stock, property, estate, and effects of the company, not inconsistent herewith, the transfer of shares, the term of office, duties and con¬ duct of their officers and servants, and all matters what¬ soever which may appertain to the concerns of said company; and the said hoard of directors shall have Directori, power to appoint such engineers, agents, and subordi- cancera,nt nates as may from time to time be necessary to carryagenti" &c' into effect the object of this act, and to do all acts and things touching the location and construction of said road and telegraph. Said directors may require pay¬ ment of subscriptions to the capital stock, after due notice, at such times and in such proportions as they shall deem necessary to complete the railroad and tele¬ graph within the time in this act prescribed. Said president, vice-president, and directors shall hold their o So0/ office for three years, and until their successors are duly directors, elected and qualified, or for such less time as the by¬ laws of the corporation may prescribe; and a majority of said directors shall constitute a quorum for the trausac- directora. 8 Bonds of tion of business. The secretary and treasurer shall give Secretary i i i • i • i . andTreas- such bonds, with such security, as the said board shall Term of office. from time to time require, and shall hold their offices at the will and pleasure of the directors. Annual meetings Annual of the stockholders of the said corporation, for the choice meetings. 0fljcers (when they are to be chosen) and for the transaction of annual business, shall be holden at such time and place and upon such notice as may be pre¬ scribed in the by-laws. Sec. 2. And be it further enacted, That the right of wlyhfor°road way through the public lands be, and the same is here- gmph.le~ by, granted to said company for the construction of said railroad and telegraph line; and the right, power, and authority is hereby given to said com¬ pany to take from the public lands adjacent to the line of said road earth, stone, timber, and other materials for .2VÏ 3, ti 61*1 fils lor con- the construction thereof ; said right of way is granted to st.ruct.ion. . > O JO said railroad to the extent of two hundred feet in width on each side of said railroad where it may pass over the public lands, including all necessary grounds for sta¬ tions, buildings, workshops, and depots, machine shops, switches, side tracks, turntables, and water stations. Indian titles The United States shall extinguish as rapidly as may be to be extin- t ° , - . guished. the Indian titles to all lands falling under the operation of this act and required for the said right of way and grants hereinafter made. Sec. 3. And be it further enacted, That there be, and Alternate is hereby, granted to the said company, for the purpose sections on « • t • • , i . . * r » j j ij_i each side of or aiding in the construction ot said railroad and tele- &C., granted graph line, and to secure the safe and speedy transjiorta- o company. ^ madSj troops, munitions of war, and public stores thereon, every alternate section of public land, designated by odd numbers, to the amount of five alter¬ nate sections per mile on each side of said railroad, on the line thereof, and within the limits of ten miles on each side of said road, not sold, reserved, or otherwise disposed of by the United States and to which a pre¬ emption or homestead claim may not have attached, at 9 the time the line of said road is definitely fixed: Pro¬ vided, That all mineral lands shall he excepted from the Minerai ' ^ 1 innds ex- operation of this act; but where the same shall containcepted. timber, the timber thereon is hereby granted to said TimWr. company. And all such lands, so granted by this sec¬ tion, which shall not be sold or disposed of by said com¬ pany within three years after the entire road shall have been completed, shall be subject to settlement and pre- Lands when ... Iii • T to he subject emption like other lands, at a price not exceeding one to wttie- , ... ment and dollar and twenty-five cents per acre, to be paid to said company. Sec. 4. And be it further enacted, That whenever said company shall have completed forty consecutive miles of any portion of said railroad and telegraph line, ready Patenfs for for the service contemplated by this act, and supplied with all necessary drains, culverts, viaducts, crossings, Sc!" sidings, bridges, turnouts, watering places, depots, equip¬ ments, furniture, and all other appurtenances of a first class railroad, the rails and all the other iron used in the construction, and equipment of said road to be American manufacture of the best quality, the President of the United States shall appoint three commissioners to ex-cnmmis- amine the same and report to him in relation thereto;slonors' and if it shall appear to him that forty consecutive miles of said railroad and telegraph line have been completed and equipped in all respects as required by this act, then, upon certificate of said commissioners to that effect, patents shall issue conveying the right and title to said lands to said company, on each side of the road as far as the same is completed, to the amount aforesaid; and patents shall in like manner issue as each forty miles of said railroad and telegraph line are completed, upon certificate of said commissioners. Any vacancies occurring in said board of commissioners by death, resignation, or otherwise, shall be filled by the President of the United States : Provided, however, That no such commissioners shall be appointed by the President ofCompany to 11 J renaer the United States unless there shall be presented to him 10 a statement, verified on oath by the president of said company, that such forty miles have been completed, in the manner required by this act, and setting forth with certainty the points where such forty miles begin and where the same end; which oath shall be taken before a judge of a court of record. Sec. 5. And be it further enacted, That for the pur¬ poses herein mentioned, the Secretary of the Treasury shall, upon the certificate in writing of said commission¬ ers of the completion and equipment of forty consecutive states bonds miles of said railroad and telegraph, in accordance with when and , . • i how to issue the provisions of this act, issue to said company bonds to said com- 1 ' 1 " Pa«y- of the United States of one thousand dollars each, pay¬ able in thirty years after date, bearing six per centum per annum interest, (said interest payable semi-annu- internt. ally,) which interest may be paid in United States treasury notes or any other money or curiency which the United States have or shall declare lawful money and a legal tender, to the amount of sixteen of said bonds per mile for such section of. forty miles; and to secure the re-payment to the United States, as hereinafter pro¬ vided, of the amount of said bonds so issued arid deliv¬ ered to said company, together with all interest thereon which shall have been paid by the United States, the issue and issue of said bonds and delivery to the company shall bond s'to °f ipso facto constitute a first mortgage on the whole line fístouoft- of the railroad and telegraph, together with the rolling roiid, °stock, stock, fixtures, and property of every kind and description, and in consideration of which said bonds may be issued; Proceedings and on the refusal or failure of said company to redeem to redeem10 said bonds, or any part of them, when required so to do by the Secretary of the Treasury, in accordance with the provisions of this act, the said road, with all the rights, functions, immunities, and appurtenances thereunto be¬ longing, and also all lands granted to the said company by the United States, which, at the time of said default, shall remain in the ownership of the said company, may be taken possession of by the Secretary of the Treasury, 11 for the use and benefit of the United States : Provided, This section shall not apply to that part of any road now constructed. Sec. 6. And be it further enacted, That the grants Grants oon- ... i • • i -i ditioned to aforesaid are made upon condition that said company pay bonds at . maturity; to shall pay said bonds at maturity and shall keep said railroad and telegraph line in repair and use, and shall e™i)h£re- at all times transmit dispatches over said telegraph line, ¿ispateífes and transport mails, troops and munitions of war, sup- p^Vmaîîs, plies, and public stores upon said railroad for the gov-tro ' Railroad. ncct w* the Pacific Railroad of Missouri, to the aforesaid point, on the one hundredth meridian of longitude west from Greenwich, as herein provided, upon the same terms and conditions in all resjiects as are provided in this act for the construction oí the railroad and telegraph line first mentioned, and to meet and connect with the same at the meridian of longitude aforesaid; and in case the general route or line of road from the Missouri River Location to Rocky Mountains should be so located as to require a departure northwardly from the proposed line 13 of said Kansas Railroad before it reaches the meridian of longitude aforesaid, the location of said Kansas road shall be made so as to conform thereto; and said railroad through Kansas shall be so located between the mouth of the Kansas River, as aforesaid, and the aforesaid point, on the one hundreth meridian of longitude, that the several railroads from Missouri and Iowa, herein authorized to connect with the same, can make connec¬ tion within the limits prescribed in this act, provided the same can be done without deviating from the general direction of the whole line to the Pacific coast. The route in Kansas, west of the meridian of Fort Riley, to juot to ap- the aforesaid point, on the one hundredth meridian of í'rcsiVnt. longitude, to be subject to the approval of the President of the United States, and to be determined by him on actual survey. And said Kansas company may proceed to build said railroad to the aforesaid point, on the one hundredth meridian of longitude west from Greenwich, in the Territory of Nebraska. The Central Pacific centrai pfl- Railroad Company of California, a corporation existing ™a 'coin- under. the laws of the State of California, are hereby Construed authorized to construct a railroad and telegraph line telegraph from the Pacific coast, at or near San Francisco, or the navigable waters of the Sacramento River, to the eastern boundary of California, upon the same terms and con¬ ditions, in all respects, as are contained in this act for the construction of said railroad and telegraph line first mentioned, and to meet and connect with the first men¬ tioned railroad and telegraph line on the eastern bound¬ ary of California. Each of said companies shall file their acceptance of the conditions of this act in the toTilf"c.'-s Department of the Interior within six months after the this act. passage of this act. Sec. 10. And be it further enacted, That the said company chartered by the State of Kansas shall com- Suidruil. plete one hundred miles of their said road com- whc>7 meneing at the mouth of the Kansas River as afore- pLtea. com~ 14 said within two years after filing their assent to the con¬ ditions of this act, as herein provided, and one hundred miles per year thereafter until the whole is completed; and the said Central Pacific Railroad Company of Cali¬ fornia shall complete fifty miles of their said road within two years after filing their assent to the provisions of this act, as herein provided, and fifty miles per year thereafter until the whole is completed; and after corn- May h« pleting their roads, respectively, said companies, or either completion^of them, may unite upon equal terms with the first- named company in constructing so much of said railroad and telegraph line and branch railroads aud telegraph lines in this act hereinafter mentioned, through the ter¬ ritories from the State of California to the Missouri River, as shall then remain to be constructed, on the same terms aud conditions as provided in this act in relation to the said Union Pacific Railroad Company. Hannibal And the Hannibal and St. Joseph Railroad, the Pacific Joseph R.K. Railroad Company of Missouri, and the first named com¬ ic a. Co. of nany, or either of them, on filing their assent to this act, as Missouri, „ . , . , il- • &c., may aforesaid, may unite upon equal terms, under this act, with unite with . . . . the Kansas t,|ie 8aiJ Kansas company, ir» constructing said railroad Company. 1 ^ 1 ° and telegraph, to said meridian of longitude, with the consent of the said State of Kansas; and in case said first named company shall complete their line to the eastern boundary of California before it is completed across said State by the Central Pacific Railroad Com¬ pany of California, said first named company is hereby authorized to continue in constructing the same through California, with the consent of said State, upon the terms mentioned in this act, until said roads shall meet and connect, and the whole line of said railroad and telegraph is completed; and the Central Pacific Railroad cific muy Company of California, after completing its road across continue . , 7^ • • • i • r> construe- said State, is authorized to continue the construction 01 tion, &c, said railroad and telegraph through the territories of the United States to the Missouri River, including the branch roads specified in this act, upon the routes here- 15 inbefore and hereinafter indicated, on the terms and conditions provided in this act in relation to the said Union Pacific Railroad Company, until said roads shall meet and connect, and the whole line of said railroad and branches and telegraph is completed. Sec. 11. And be it further enacted, That for three hundred miles of said road most mountainous and diffi-mott^noun- cult of construction, to wit: one hundred and fifty miles difficult westwardly from the eastern base of the Rocky Moun- pida tobe tains, and one hundred and fifty miles eastwardly from the western base of the Sierra Nevada Mountains, said points to be fixed by the President of the United States, the bonds to be issued to aid in the construction thereof shall be treble the number per mile hereinbefore pro¬ vided, and the same shall be issued, and the lands herein granted be set apart, upon the construction of every twenty miles thereof, upon the certificate of the com¬ missioners as aforesaid that twenty consecutive miles of the same are completed; and between the sections last named of one hundred and fifty miles each the bonds to be issued to aid in the construction thereof shall be double the number per mile first mentioned, and the same shall be issued, and the lands herein granted be set apart, upon the construction of every twenty miles thereof, upon the certificate of the commissioners as aforesaid that twenty consecutive miles of the same are completed: Provided, That no more than fifty thousand of said bonds shall be issued under this act to aid in constructing the main line of said railroad and telegraph. Sec. 12. And be it further enacted, That whenever Locution, the route of said railroad shall cross the boundary of any e State or territory, or said meridian of longitude, the two any state, companies meeting or uniting there shall agree upon its location at that point, with reference to the most direct and practicable through route, and in case of difference between them as to said location the President of the United States shall determine the said location; the companies named in each State and territory to locate 16 the road across the same between the points so agreed npon, except as herein provided. The track upon the Track t« i« entire line ot railroad and branches shall be of uniform or uniform width. width, to be determined by the President of the United States, so that, when completed cars can be run from the Missouri Biver to the Pacific coast; the grades and Grade« and curves shall not exceed the maximum grades and curves curves. of the Baltimore and Ohio Bailroad; the whole line of Road and sai°uild- © I J ary of Iowa. State of Iowa, to be fixed by the President of the United States; upon the most direct and practicable route, to be subject to his approval, so as to form a connection with the lines of said company at some point on the one hundreth meridian of longitude aforesaid, from the point of commencement on the western boundary of the State of Iowa, upon the same terms and conditions, in all respects, as are contained in this act for the construc¬ tion of the said railroad and telegraph first mentioned; and the said Union Pacific Railroad Company shall when to be complete one hundred miles of the road and telegraph in this section provided for in two years after filing their assent to the conditions of this act, as by the terms of this act required, and at the rate of one hundred miles per year thereafter, until the whole is completed: Pro¬ vided, That a failure upon the part of said company to make said connection in the time aforesaid, and to per¬ form the obligations imposed on said company by this section, and to operate said road in the same manner as the main line shall be operated, shall forfeit to the gov¬ ernment of the United States all the rights, privileges, and franchises granted to and conferred upon said com¬ pany by this act. And whenever there shall be a line of railroad completed through Minnesota or Iowa to Sioux City, then the said Pacific Railroad Company is hereby 18 authorized and required to construct a railroad and tele¬ graph from said Sioux City, upon the most direct and practicable route to a point on, and so as to connect with, the branch railroad and telegraph in this section hereinbefore mentioned, or with the said Union Pacific Railroad, said point of junction to be fixed by the Presi¬ dent of the United States, not further west than the one hundredth meridian of longitude aforesaid, and on the same terms and conditions as provided in this act for the construction of the Union Pacific Railroad as aforesaid, and to complete the same at the rate of one hundred miles per year; and should said compauy fail to comply with the requirements of this act in relation to the said Sioux City railroad and telegraph, the said company shall suffer the same forfeitures prescribed in relation to the Iowa branch railroad and telegraph hereinbefore mentioned. other rail- Sec. 15. And be it further enacted, That any other roads may , * , connect. railroad company now incorporated, or hereafter to be incorporated, shall have the right to connect their road with the road and branches provided for by this act, at such places and upon such just and equitable terms as the President of the United States may pre¬ scribe. Wherever the word company is used in this act MeaniDfr of it shall be construed to embrace the words their asso- " company» ci ates, successors, and assigns, the same as if the words in this act. ... . , , . , had been properly added thereto, companies Sec. 16. And be it further enacted, That at any time in,™ mUs-6'after the passage of this act all of the railroad companies maybe'con-named herein, and assenting hereto, or any two or more of them, are authorized to form themselves into one con- Notice. solidated company; notice of such consolidation, in writing, shall be filed in the Department oí the Interior, and such consolidated company shall thereafter proceed to construct said railroad and branches and telegraph line upon the terms and conditions provided in this act. if compa- Sec. 17. And be it further enacted, That in case said comply with company or companies shall fail to comply with the 19 terras and conditions of this act, by not completing said the terms of road and telegraph and branches within a reasonable congress • • may» &c. time, or by not keeping the same in repair and use, but shall permit the same, for an unreasonable time, to re¬ main unfinished, or out of repair, and unfit for use, Congress may pass any act to insure the speedy com¬ pletion of said road and branches, or put the same in repair and use, and may direct the income of said rail¬ road and telegraph line to be thereafter devoted to the use of the United States, to repay all such expenditures caused by the default and neglect of such company or companies : Provided, That if said roads are not corn.- Road* when pleted, so as to form a, continuous line of railroadready Id to thV' for use, from the Missouri River to the navigable waters state*, of the Sacramento River, in California,, by the first day of July, eighteen hundred and seventy-six, the ich ule of all of said railroads before mentioned and. to be con¬ structed under the provisions of this act, together with all their furniture, fixtures, rolling stock, mach ine shops, lands, tenements, hereditaments, and property of every kind, aud character, shall be forfeited to and taken pos¬ session of by the United States : Provided, That of ¿7/e Twenty-five bonds of the United States in this act provided to be bonds granted by delivered for any and all parts of the roads to be con - na* ¡«¡t to , ... hi; reserved. structed east of the one hundredth meridian of west longitude from Greenioich, and for any part of the road, west of the west foot of the Sierra Nevada Mountains, there shall be reserved of each part and instalment twenty-five per centum, to be and, remain in the United States Treasury, undelivered, until said road and all parts thereof provided, for in this act are entirely com¬ pleted ; and of all the bonds provided to be delivered for the said road, between the two points aforesaid, there shall be reserved, out of each, instalment fifteen per centum, to be avid remain in the Treasury until the luhole of the road provided for in this act is fully completed ; and if the, said road or any part thereof shall fail of completion at the time limited therefor in this act, then 20 and in that case the said part of said bonds so reserved shall be forfeited to the United States. eainin^of ^ec* ^ And be it further enacted,- That whenever it excpè unless a greater width be privateking required for the purpose of excavation or embankment; right"?ior and a^s0 any lands or premises that may be necessary wtty- and proper for turnouts, standing places for cars, depots, station house [s], or any other structures required in the construction and operating of said road. And each of said companies shall have the right to cut and remove trees or other materials that might by falling encumber its road-bed, though standing or being more than one hundred feet therefrom. And in case the owner or 27 claimant of such lands or premises and such company cannot agree as to the damages, the amount shall be determined by the appraisal of three disinterested com¬ missioners who may be appointed upon application by any party to any judge of a court of record in any of the Territories in which the lands or premises to he taken lie; and said commissioners, in their assessments of dam¬ ages, shall appraise such premises at what would have been the value thereof if the road had not been built; and upon return into court of such appraisement, and upon the payment to the clerk thereof of the amount so awarded bv the commissioners for the use and benefit •> of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire Proce^ing8 full title to the same for the purposes aforesaid. And Î,?tiebtom either party feeling agrieved by said assessment may, "ay? &c. within thirty days, 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 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 appeal¬ ing does not obtain a more favorable verdict, such party shall pay the whole cost incurred by the appellee as well as its own. And the payment into court for the use of the owner or claimant of a sum equal to that finally awarded shall be held to vest in said company the title of said land, and the right to use and occupy the same for the construction, maintaining, and operating of the road of said company. And in case any of the lands to be taken as aforesaid shall be held by any person residing without the Territory or subject to any legal disability, the court may appoint a proper person, who shall give bonds, with sufficient surety or sureties, for the faithful execution of his trust, and who may represent in court the person disqualified or absent as aforesaid, when the 28 same proceeding shall be had in reference to the appraise¬ ment of the premises to be taken and with the same effect as have been already described. And the title of the company to the land taken by virtue of this act shall not be affected nor impaired by reason of any failure by any guardian to discharge faithfully his trust. And in case it shall be necessary for either of the said companies to enter upon lands which are unoccupied, and of which there is no apparent owner or claimant, it may proceed to take and use the same for the purpose of its said rail¬ road, and may institute proceedings in manner described for the purpose of ascertaining the value of and acquiring a title to the same; and the court may determine the kind of notice to be served on such owner or owners, and may in its 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 ope¬ ning of said road across any land, all claim to damages against said company shall be barred. It shall be com¬ petent for the legal guardian of any infant or any other person under guardianship to agree with the proper com¬ pany as to damages sustained by reason of the taking of any lands of any such person under disability, as afore¬ said, for the use as aforesaid; and upon such agreement being made, and approved by the court having super¬ vision of the official acts of said guardian, the said guardian shall have full power to make and execute a conveyance thereof to the said company, which shall vest the title thereto in the said company. increases Sec. 4. And be it further enacted, That section three grantTo1 °f said act be hereby amended by striking out the word nate^ec-" "five," where the same occurs in said section, and by each3side inserting in lieu thereof the word "ten;" and by striking therifimtaito out the word "ten," where the same occurs in said sec- Sumoij tion, and inserting in lieu thereof the word "twenty." each side of ± . , . i-ii the road. And section seven of said act is hereby amended by 29 striking out the word "fifteen," where the same occurs in secretary of ° ^ ' Interior to said section, and inserting in lieu thereof the word fit5(lraTu 7 o lanas with m "twenty-five." And the term "mineral land," wherever ^ut^iles of the same occurs in this act, and the act to which this is Defines an amendment, shall not be construed to include coal Snds™1 and iron land. And any lands granted by this act, or the act to which this is an amendment, shall not defeat or impair any pre-emption, homestead, swamp land, or other lawful claim, nor include any Government reserva¬ tion or mineral lands, or the improvements of any bonaLaud nt fide settler on any lands returned and denominated as^^p^on mineral lands, and the timber necessary to support his ly^'he'ex-11" said improvements as a miner or agriculturalist, to be agesto lb° «•IT i-» *■» i ß&ch settler. ascertained under such rules as nave been or may be established by the Commissioner of the General Land Office, in conformity with the provisions of the pre-emp¬ tion laws: Provided, That the quantity thus exempted by the operation of this act, and the act to which this act is an amendment, shall not exceed one hundred and sixty acres for each settler who claims as an agricultur¬ alist; and such quantity for each settler who claims as a miner, as the said Commissioner may establish by gen¬ eral regulation: Provided, also, That the phrase "but where the same shall contain timber, the timber thereon is hereby granted to said company," in the proviso to \ ® i • • Proviso as said section three, shall not apply to the timber growing to timber, or being on any land farther than ten miles from the center line of any one of said roads or branches men¬ tioned in said act or in this act. And all lands shall be excluded from the operation of this act, and of the act to which this is an amendment, which were located or selected to be located under the provisions of an act entitled "An act donating lands to the several States^ and Territories which may provide colleges for the benefit coiie?L?f of agriculture and the mechanic arts," approved July andCthlure' second, eighteen hundred and sixty-two, and noticenits' thereof given at the proper land office. so Time ex- Sec. 5. And be it further enacted, That the time for tended one . . year for designating the general route of said railroad, and of designating " ° ° ' route, filing filing the map of the same, and the time for the com- map, and . £°™dpleting pletion of that part of the railroads required by the terms of said act of each company, be and the same is hereby extended one yeaï from the time in said act des- roadft™om-ignated; and that the Central Pacific Kailroad Company 25 miles of California shall be required to complete twenty-five eac year" miles of their said road in each vear thereafter, and the « / whole to the State line within four years, and that only hai/of'gov one~half °f compensation for services rendered for belpphed0 ^e Government by said companies shall be required to o°fnŒ.eat^ applied to the payment of the bonds issued by the Government in aid of the construction of said roads. Sec. 6. And be it f urther enacted, That the proviso to section four of said act is hereby modified as follows, preqi figut may appoint viz. : And the President of the United States is hereby commission- . , , timeat any aufchonzecb at any firae after the passage of this act, to appoint for each and every of said roads three commis¬ sioners, as provided for in the act to which this act is amendatory; and the verified statement of the president of the California company, required by said section four, shall be filed in the office of the United States Surveyor General for the State of California, instead of being pre¬ sented to the President of the United States; and the said Surveyor General shall thereupon notify the said Commis- . ni r>i* r i J I. sioners may commissioners of the filing of such statement, and the inspect road. ° . for caiifor- commissioners shall thereupon proceed to examine ma Com- L A cer'tain'pro- portion of said railroad and telegraph line so coin- visions. pleted, and make their report thereon to the President of .the United States, as provided by the act of which this is amendatory. And such statement may be filed and such railroad and telegraph line be examined and reported on by the said commissioners, and the requisite amount of bonds may be issued, and the lands apper¬ taining thereto may be set apart, located, entered, and patented, as provided in this act and the act to which 31 this is amendatory, upon the construction by said rali- road company of California of any portion of not less than twenty consecutive miles of their said railroad and telegraph line, upon the certificate of said commissioners that such portion is completed as required by the act to which this amendatory. And section ten of the act of which this is amendatory is hereby amended by inserting after the words "United States," in the last clause, the words, "and States intervening." Sec. 7. And be it further enacted, That so much ofBepeillof section seventeen of said act as provides for a reservation of CGov'rn- by the Government of a portion of the bonds to bemcnt bonda* issued to aid in the construction of the said Rail¬ roads is hereby repealed. And the failure of any one company to comply fully with the conditions and requirements of this act, or the act to which this isThe default x 7 or neglect of amendatory, shall not work a forfeiture of the rights, °°enoct°f0pa" privileges, or franchise of any other company or compa- ^er any nies that shall have complied with the same. Sec. 3. And be it further enacted, That for the pur¬ pose of facilitating the work on said railroad, and of en¬ abling the said company as early as practicable to com¬ mence the grading of said railroad in the region of the mountains, between the eastern base of the Rocky Mountains and the western base of the Sierra Nevada Provision Mountains, so that the same may be finally completed paoi^cRau- within the time required by law, it is hereby provided ingdpropóri that whenever the chief engineer of the said company, ernmcnt i » « in , ■ p .i . . • Uoii ds in the and said commissioners, shall certify that a certain mountain work before proportion of the work required to prepare the road final com- , . , _ pletion of for the superstructure on any such section of twenty the road, miles is done, (which said certificate shall be duly veri¬ fied,) the Secretary of the Treasury is hereby authorized and required, upon the delivery of such certificate, to issue to said company a proportion of said bonds, not exceeding two-thirds of the amount of bonds authorized 32 to be issued under the provisions of the act, to aid in the construction of such section of twenty miles, nor in any case exceeding two-thirds of the value of the work done, the remaining one third to remain until the said section is fully completed and certified by the commis¬ sioners appointed by the President, according to the west ofsait terms and provisions of the said act; and no such bonds more than shall issue to the Union Pacific Railroad Company for 300 miles in . . .. advance of work done west oí Salt Lake City under this section, its com- " ' pieted line. more than three hundred miles in advance of the com¬ pleted continuous line of said railroad from the point beginning on the one hundredth meridian of longitude. Sec. 9. And be it further enacted, That to enable any one of said corporations to make convenient and neces¬ sary connections with other roads, it is hereby author¬ ized to establish and maintain all necessary ferries upon Right for and across the Missouri River and other rivers which its femes and bridges. roac[ may pass ;n ;ts course; and authority is hereby given said corporation to construct bridges over said Missouri River and all other rivers for the convenience of said road: Provided, That any bridge or bridges it may construct over the Missouri River, or any other navigable river on the line of said road, shall be con¬ structed with suitable and proper draws for the passage of steamboats, and shall be built, kept, and maintained at the expense of said company, in such manner as not to impair the usefulness of said rivers for navigation to any greater extent than such structures of the most ap¬ proved character necessarily do: And provided, further, That any company authorized by this act to construct its road and telegraph line from the Missouri River to mav unite the initial point aforesaid, mav construct its road and with main * * line west of telegraph line so as to connect with the Union Pacific 100th men- or reeei'veUnoto Railroad at any point westwardly of such initial point, m0rbonadsds case su°h company shall deem such westward con¬ junction was nection more practicable or desirable; and in aid of the mneridkn.uth construction of so much of its road and telegraph line as 33 shall be a departure from the route hereinbefore provided for its road, such company shall be entitled to all the benefits and be subject to all the conditions and restric¬ tions of this act: Provided, further, however, That the bonds of the United States shall not be issued to such company for a greater amount than is hereinbefore pro¬ vided, if the same had united with the Union Pacific Railroad on the one hundredth degree ol longitude; nor shall such company be entitled to receive any greater amount of alternate sections of public lands than are also herein provided. Sec. 10. And he it further enacted, That section five of said act be so modified and amended that the Union Pacific Railroad Company, the Central Pacific Railroad Company, and any other company authorized to partici¬ pate in the construction of said road, may, on the com¬ pletion of each section of said road, as provided in this act, and the act to which this act is an amendment, 4e^Mueeof issue their first mortgage bonds on their respective rail- l^gV^onds road and telegraph lines to an amount not exceeding themes°fora"an amount of the bonds of the United States, and of even equal to • • il Govern- tenor and date, time of maturity, rate and character ofbonds. 7 /7 ( which shall interest, with the bonds authorized to be issued to said]3®a lieP on ' tnt* man railroad companies respectively. And the lien of the $ the the road the United States bonds shall be subordinate to that of the^^0" bonds of any or either of said companies hereby author¬ ized to be issued on their respective roads, property and equipments, except as to the provisions of the sixth sec¬ tion of the act to which this act is an amendment, relating to the transmission of dispatches and the trans¬ portation of mails, troops, munitions of war, supplies, and public stores for the Government of the United States. And said section is further amended by striking Changea th0 out the word "forty," and inserting in lieu thereof the?®om°n8 words "on each and every section of not less than tiesto twenty." muesnty 34 Sec. 11. And be it further enacted, That if any of the railroad companies entitled to bonds of the United States, or to issue their first mortgage bonds herein provided for, has, at the time of the approval of this act, issued or shall thereafter issue any of its own bonds or securities in such form and manner as in law or equity to bondiTai-nsentitle the same to priority or preference of payment to by any road the said guaranteed bonds, or said first mortgage bonds, ducted from the amount of such corporate bonds outstanding and of the bonds unsatisfied or uncancelled shall be deducted from the to be issued by the Gov-amount ot such Government and first mortgage bonds ernment. , do which the company maybe entitled to receive and issue; and such an amount only of such Government bonds and such first mortgage bonds shall be granted or permitted as, added to such outstanding unsatisfied or uncancelled bonds of the company, shall make up the whole amount per mile to which the company would otherwise have been entitled. And provided, further, That before any bonds shall be so given by the United States, the com- Sworn state- - in -, ment of aii paoy claiming them shall present to the Secretarv of the outstanding h. ,y> -i • /> i -n " securities Treasury an affidavit of the President and Secretarv of shall be J % secretary company, to be sworn to before the judge of a court Treasury record, setting forth whether said company has issued any such bonds or securities, and, if so, particularly des¬ cribing the same, and such other evidence as the Secre¬ tary may require, so as to enable him to make the de¬ duction herein required; and such affidavit shall then be filed and deposited in the office of the Secretary of the Interior. And any person swearing falsely to any such affidavit shall be deemed guilty of perjury, and on conviction thereof shall be punished as aforesaid: Pro¬ vided, also, That no land granted by this act shall be conveyed to any party or parties, and no bonds shall be issued to any company or companies, party or parties, Law shaii on account of anyroad or part thereof made prior to the stTueato°n" passage of the act to which this act is au amendment, or othèr ^oads made subsequent thereto under the provisions of any act specified in or acts other than this act and the act amended by this the act. act. 35 Sec. 12. And be it further enacted, That the Leaven* worth, Pawnee and Western Railroad Company, now known as the Union Pacific Railroad Company, Eastern Division, shall build the railroad from the mouth of™y°°™>*1- Kansas River, by the way ot Leavenworth, or, if that be ^aii^bùiid not deemed the best route, then the said company shall, £elven-rom within two years, build a railroad from the city of Leav- Lawrence in enworth to unite with the main stem at or near the citytwo yeaIS" of Lawrence; but to aid in the construction of said branch the said company shall not be entitled to any bonds. And if the Union Pacific Railroad Company shall not be proceeding in good faith to build the said railroad through the Territories when the Leavenworth, Pawnee and Western Railroad Company, now known as the Union Pacific Railroad Company, Eastern Division, in default shall have completed their road to the hundredth degree line being of longitude, then the last named company may proceed Kansas to make said road westward until it meets and connects may Weed to build the with the Central Pacific "Railroad Company on the same fe¬ line. And the said railroad from the mouth of the Kansas River to the one hundredth meridian of longi- Kailsas road tude shall be made by the way of Lawrence and Topeka, buia^î or on the bank of the Kansas River opposite said towns: an^To^ka. Provided, That no bonds shall be issued or land certified by the United States to any person or company, for the froin Omaha construction of any part of the main trunk line of saidbuut before J x 4 bonds or railroad west of the one hundredth meridian of longi- [ands shal> ° be granted tude and east of the Rocky Mountains, until said road lidian0111 shall be completed from or near Omaha, on the Missouri Kotkyast °f River, to the said one hundredth meridian of longitude. Moimtain3' Sec. 13. And be it further enacted, That at and after At next the next election of directors, the number of directors to teen Dirent- ors to bo be elected by the stockholders shall be fifteen; and the elected, and , five Oovern- number of directors to be appointed by the President ment du . rectors. shall be five; and the President shall appoint three ad¬ ditional directors to serve until the next regular election, and thereafter five directors. At least one of said Gov- 36 one Gov- ernment directors shall be placed on each of the standing eminent _ 1 o ^®c^_on committees of said company, and at least one on every matee. special committee that may he appointed. The Gov¬ ernment directors shall, from time to time, report to the Secretary of the Interior, in answer to any inquiries he may make of them, touching the condition, management and progress of the work, and shall communicate to the Secretary of the Interior, at any time, such information as should be in the possession of the Department. They shall, as often as may be necessary to a full knowl- Govlern-of ec*ge th® condition and management of the line, visit rectorand portions of the line of road, whether built or snr- pen/atio™" veyed; and while absent from home, attending to their duties as directors, shall be paid their actual traveling expenses, and be allowed and paid such reasonable com¬ pensation for their time actually employed as the Board of Directors may decide. Sec. 14. And be it further enacted, That the next Next eiec- e^ecfiori f°r directors of said railroad shall be held on the rectors'i^1'"fir8t Wednesday of October next, at the office of said i8fi4,band company in the city of New York, between the hours of thereafter ; ten o'clock A. M. and four o'clock P. M. of said day; *rsj|hajiect and all subsequent regular elections shall be held an¬ yone nually thereafter at the same place; and the directors shall hold their offices for one year, and until their suc¬ cessors are qualified. Sec. 15. And be it further enacted., That the several companies authorized to construct the aforesaid roads are hereby required to operate and use said roads and telegraph for all purposes of communication, travel, and transportation, so far as the public and the Government several ^ roads shall are concerned, as one continuous line; and in such oper- be run as a ' continuous atiou and use, to afford and secure to each, equal advan- line, and on ' ' A to an terms tages and facilities as to rates, time, and transportation, without any discrimination of any kind in favor of the road or business of any or either of said companies, or 37 adverse to the road or "business of any or either of the others, and it shall not he lawful for the proprietors of any line of telegraph authorized by this act or the act amended by this act to refuse or fail to convey for all persons requiring the transmission of news and messages of like character, on pain of forfeiting to the person in¬ jured, for each offence, the sum of one hundred dollars, and such other damages 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, or of any State or Territory of competent jurisdiction. Sec. 16. And be it further enacted, That any two or more of the companies authorized to participate in the Companie8 benefits of this act are hereby authorized at any time to ^adateT •. i i""Tj ii" • j • 11 and consoli- unite and consolidate their organizations, as the same dated com- may or shall be, upon such terms and conditions, and in ceeds to , rights of all such manner as they may agree upon, and as shall notthecompa- be incompatible with this act, or the laws of the State or States in which the roads of such companies may be, and to assume and adopt such corporate name and style as they may agree upon, with a capital stock not to ex¬ ceed the actual cost of the roads so to be consolidated, and shall file a copy of such consolidation in the Depart¬ ment of the Interior, and thereupon such organization so formed and consolidated shall succeed to, possess, and be entitled to receive from the Government of the United States all and singular the grants, benefits and immu¬ nities, guarantees, acts and things to be done and per¬ formed, and be subject to the same terms, conditions, restrictions and requirements which said companies respectively at the time of such consolidation are or may be entitled or subject to under this act in place and sub¬ stitution of said companies so consolidated respectively. And all other provisions of this act, so far as applicable, relating or in any manner appertaining to the companies so consolidated, or either thereof, shall apply and be of force as to such consolidated organization. And in case, 38 upon the completion by such consolidated organization of the roads or either of them of the companies so con¬ solidated, any other of the road or roads of either of the other companies authorized as aforesaid (and forming, or intended, or necessary to form a portion oí a continu¬ ous line from each of the several points on the Missouri Kiver hereinbefore designated to the Pacific coast) shall not have constructed the number of miles of its said road, within the time herein required, such consolidated organization is hereby authorized to continue the con¬ struction of its road and telegraph in the general direc¬ tion and route upon which such incomplete or uncon- structed road is hereinbefore authorized to be built, until such continuation of the road of such consolidated organization shall reach the constructed road and tele¬ graph of said other company, and at such point to con¬ nect and unite therewith; and for and in aid thereof the said consolidated organization may do and perform, in reference to such portion of road and telegraph, as shall so be in continuation of its constructed road and tele¬ graph, and to the construction and equipment thereof, all and singular the several acts and things hereinbefore case any provided, authorized, or granted to be done by the com- in'defeîiV pany hereinbefore authorized to construct and equip the in substan- * a t tiai compii- game, and shall be entitled to similar and like grants, ance with ... . the pro- benefits, immunities, guarantees, acts and things to be visions of 7 7 7 o the act. done and performed by the Government of the United States, by the President of the United States, by the Secretaries of the Treasury and Interior, and by com¬ missioners, in reference to such company, and to such portion of the road hereinbefore authorized to be con¬ structed by it, and upon the like and similar terms and conditions, so far as the same are applicable thereto. And said consolidated company shall pay to said default¬ ing company the value, to be estimated by competent engineers, of all the work done and material furnished O ' by said defaulting company, which may be adopted and used by said consolidated company in the progress of 39 the work under the provisions of this section: Provided,, nevertheless, That said defaulting company may at any time, before receiving pay for its said work and material, as hereinbefore provided, on its own election, pay said consolidated company the value of the work done and material furnished by said consolidated company, to be estimated by competent engineers, necessary for and used in the construction of the road of said defaulting company, and resume the control of its said road; and all the rights, benefits, and privileges which shall be acquired, possessed, or exercised, pursuant to this sec¬ tion, shall be to that extent an abatement of the rights, benefits, and privileges hereinbefore granted to such other company. And in ease any company authorized thereto shall not enter into such consolidated organiza¬ tion, such company, upon the completion of its road, as hereinbefore provided, shall be entitled to and is hereby authorized to continue and extend the same, under the circumstances, and in accordance with the provisions of this section, and to have all the benefits thereof, as fully and completely as are herein provided touching such consolidated organization. And in case more than one such consolidated organization shall be made, pursuant to this act; the terms and conditions of this act, herein¬ before recited as to one, shall apply in like manner, force, and effect to the other: Provided,, however, That rights and interests at any time acquired by one such consolidated organization shall not be impaired by another thereof. It is further provided that should the Central Pa. Central Pacific Railroad Company of California com- fôrniaf,af£r píete their line to the eastern line of the State of Cali-completed,18 fornia before the line of the Union Pacific Railroad one hund- Company shall have been extended westward so as to mfieTeast-7 a • a vârdly if meet the line of said first named company, said first unio¿Pa- 1 i i • i • \ icific shaU named company may extend their line of road eastward not then 1 J J t have eom- one hundred and fifty miles on the established route, sopped their as to meet and connect with the line oí the Union Pacific Railroad, complying in all respects with the pro- 40 visions and restrictions of this act as to said Union Pacific road, and upon doing so shall enjoy all the rights, privileges, and benefits conferred by this act on said Union Pacific Railroad Company. Sec. 17. And be it further enacted, That so much of section fourteen of said act as relates to a branch from Sioux City be, and the same is hereby amended to read as follows : That whenever a line of railroad shall be completed through the States of Iowa or Minnesota to iowa and Sioux City, such company, now organized or as may Minnesota /' , companies hereafter be organized under the laws of Iowa, Minne- may build ° ' the Sioux sota, Dacota, or Nebraska, as the President of the City branch. 7 7 United States, by its request, may designate or approve for that purpose, shall construct and operate a line of railroad and telegraph from Sioux City, upon the most direct and practicable route, to such a point on, and so as to connect with, the Iowa Branch of the Union Pacific railroad from Omaha, or the Union Pacific rail¬ road, as such company may select, and on the same terms and conditions as are provided in this act and the act to which this is an amendment, for the construction of the said Union and Pacific railroad and telegraph line and branches ; and said company shall complete the union Pa- same at the rate of fifty miles per year : Provided, That from theased said Union Pacific Railroad Companyshall be and is of thisL1 hereby released from the construction of said branch. And said company constructing said branch shall not be entitled to receive in bonds an amount larger than the said Union Pacific Railroad Company would be entitled to receive if it had constructed the branch under this act and the act to which this is an amendment ; but said company shall be entitled to receive alternate sec¬ tions of land for ten miles in width on each side of the same along the whole length of said branch : And pro« cm™°de-nvided, further, That if a iailroad be not completed to iowa andthe Sioux City, across Iowa or Minnesota, within eighteen companies, months from the date of this act, then said company desig- 41. nated by the President, as aforesaid, may commence, continue and complete the construction of said branch as contemplated by the provisions of this act : Provided, however, That if the said company so designated by the President as aforesaid shall not complete the said branch from Sioux City to the Pacific railroad within ten years from the passage of this act, then, and in that case, all of the railroad which shall have been constructed by said company, shall be forfeited to and become the property of the United States. Sec. 18. And he it further enacted, That the Burling¬ ton and Missouri River Railroad Company, a corporation organized under and by virtue of the laws of the State of Iowa, be and hereby is authorized to extend is fits] Authorizes , . the Burling- road through the Territory of Nebraska from the point ton & mís- D ^ x souri River where it strikes the Missouri river, south of the mouth £ailroad . 7 Company to of the Platte river, to some point not further west than the one hundredth meridian of west longitude, so as to ^thmlin connect, by the most practicable route, with the mainlme' trunk of the Union Pacific railroad, or that part of it which runs from Omaha to the said one hundredth meridian of west longitude. And, for the purpose of enabling said Burlington and Missouri River Railroad Company to construct that portion of their road herein authorized, the right of way through the public lands is hereby granted to said company for the construction of said road. And the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road, earth, stone, timber, and other materials for the construction thereof. Said right of way is granted to said company to the extent of two hundred feet where it may pass over the public lands, including all necessary grounds for stations, buildings, workshops, depots, machine shops, switches, side tracks, turn tables, and water stations. And the United States shall extinguish as rapidly as may be, consistent with public policy and the welfare of the said 42 Indians, the Indian titles to all lands falling under the operation of this section and required for the said right of way and grant of land herein made. Sec. 19. And be it further enacted, That for the pur¬ pose of aiding in the construction of said road, there be S made and hereby is granted to the said Burlingtou and ton & Mis- Missouri River Railroad Company, every alternate sec- Bailroad er tion of public land (excepting mineral lands as provided in this act) designated by odd numbers, to the amount of ten alternate sections per mile on each side of said road, on the line thereof and not sold, reserved, or other¬ wise disposed of by the United States, and to which a pre-emption or homestead claim may not have attached at the time the line of said road is definitely fixed : Provided, [That] said company shall accept this grant accept within one year from the passage of this act, by filing year. ' such acceptance with the Secretary of the Interior; and shall also establish the line of said road, and file a map thereof with the Secretary of the Interior within one year of the date of said acceptance, when the said Secretary shall withdraw the lands embraced in this grant from market. Sec. 20. And be it further enacted, That whenever said Burlington and Missouri River Railroad Company shall have completed twenty consecutive miles of the road mentioned in the foregoing section, in the manner provided for other roads mentioned in this act, and the Provision as act to which this is an amendment, the President of the to how lands 7 to^Buriing- United States shall appoint three commissioners to R¡ver&BM¿;examine and report to him in relation thereto; and if Co" it shall appear to him that twenty miles of said road have been completed as required by this act, then, upon certificate of said commissioner [s] to that effect, patents shall issue conveying the right and title to said lands to said company on each side of said road, as far as the same is completed, to the amount aforesaid ; and such 43 examination, report, and conveyance, by patents, shall continue from time to time, in like manner, until said road shall have been completed. And the President shall appoint said commissioners, fill vacancies in said commission, as provided in relation to other roads men¬ tioned in the act to which this is an amendment. And the said company shall be entitled to all the privileges and immunities granted to the Hannibal and St. Joseph Railroad Company by the said last-mentioned act, so far as the same may be applicable : Provided, That no ri i tin!* *ii-it No Govern- Government bonds shall be issued to the said Burlington ment bonds ° shall issue and Missouri River Railroad Company to aid in thet0 this com- r ^ pany. construction of said extension of its road : And pro¬ vided further, That said extension shall be completed Tea years within the period of ten years from the passage of this^a"'1'1 the act. Sec. 21. And he 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 first be paid into the Treasury of the United States ExpenSe 0f the cost of surveying, selecting and conveying the sameiS'tol* by the said company or party in interest as the titles company*0 shall be required by said company, which amount shall, without anv further appropriation, stand to the credit of the proper account, 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 com¬ pleted, as provided under the provisions of this act. Sec. 22. And he it further enacted, That. Congress may at any time alter, amend, or repeal this act. Approved, July 2, 1864.