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2^th Congress, [SENATE.] f 295 1 
 
 IN SENATE OF THE UNITED STATES. 
 
 April 13, 1846, 
 
 Mr. Breese made the follo¥/iiig ' 
 
 REPORT: 
 
 [To accompany bill S. No. 154] 
 
 Whe Commidee on Public Lands, to ivhom was refermd the memmial of 
 the Galena and Chicago Union Railroad Company, have had the sarnie 
 under cmisideration^ and respectfully ask leave to report : 
 
 The memorial sets forth that in 1836 the legislature of the State of 
 illinois incorporated a company styled the Galena and Chicago Union 
 Railroad Company, with authority to lay out and construct a railroad from 
 the town of Galena, near the Mississippi river, the heart of the great lead- 
 «iine region, to the town of Chicago, at the head of lake Michigan. 
 
 The petition proceeds to set forth the importance of this road as it 
 regards the citizens of the State of Illinois and the United States, and the 
 advantages that will result from its construction to the agricultural, mining, 
 ■and commercial interests, and prefers the request that Congress will grant 
 to them the right of way through the public lands, and a pre-emption ta a 
 <]uantity thereof equal to five sections of land lying within ten miles of the 
 route of the road, for every mile of said road. 
 
 To determine the propriety of this request, the committee have made all 
 the inquiry in their power as to the facts stated in the memorial, and find 
 that a charter has been granted as stated, which is here appended j and 
 that the counties and towns most immediately interested in its construc- 
 tion have manifested a becoming zeal and earnestness in originating 
 measures tending to its completion, and take a lively interest in its suc- 
 cess, though the committee are not informed that any funds have, as yet, 
 been appropriated towards it, except about thirty thousand dollars in pre- 
 Jiminary arrangements and explorations of the route. 
 
 From the proceedings of a very respectable convention, held at Rock- 
 ford, one of the principal towns on the route, whose memorial, on the 
 same subject, is now before the committee, the committee are induced to 
 believe that the prospects of its completion are very flattering, and, with 
 the aid asked of Congress, they have strong assurances that it will be con- 
 structed. The route of the road is, for the most part, over undulating 
 prairie, requiring no expensive grading, or other works which tend so 
 greatly to increase the cost. The soil is very fertile, and owned almost 
 wholly by the United States, and is represented to be, in addition to its 
 mineral wealth, one of the best wheat-growing countries in the world. It 
 is only within a very few years that the resources of northern Illinois have 
 
 Rkcliie & Heiss, pri uu 
 
[ 295 ] 2 
 
 commenced a development. That portion of it most directly interested in 
 this road has increased in population in the last ten years on a basis of 
 fifteen thousand, then the total amount in 1836, to one hundred thousand^ 
 or near seven hundred per cent., and is progressing in the same astonishing 
 ratio. In the eleven counties in which these remarkable results are exhib- 
 ited, the production of wheat had increased in the last five years from five 
 hundred thousand to two millions seven hundred thousand bushels, of 
 which two millions were exported at a cost of twenty-five cents per bushel, 
 the transportation to the point of export being in wagons, and distant one 
 hundred miles. During the last season more than fifty-five millions of 
 pounds of lead were shipped from Galena, the western terminus of the 
 proposed road, (a city of five thousand inhabitants, and the grc^t lead 
 depot of the west,) by the Mississippi, for the eastern markets, the most of 
 which, it is believed, would find a cheaper and more expeditious channel,, 
 h^ this road and the lakes, to the great markets of the Atlantic seaboard; 
 for whilst, by New Orleans to New York, the freight per one hundred 
 pounds is seventy-one cents, by the road and the lakes it would be but 
 fifty-six cents; and whilst the time consumed by the former route is ninety 
 days, by the road and lakes it would be but twenty-five days; and the 
 insurance less, the dangers being less. 
 
 Chicago, the eastern and lalce terminus, is now a city of fifteen thou- 
 sand inhabitants, grown up to this vast size since 1830, and commands, 
 by its enviable position for the exchange of agricultural for manufactured 
 products, a vast extent of territory. The time cannot be distant when the 
 extent and high improvement of the countrj'- southwest, Avest, and north- 
 west of it, for which this point will be the mart for commercial operations, 
 will place it second to no city in the lake region. Its imports are now 
 near two millions annually, and its exports one and a quarter milUon, and 
 greatly increasing. 
 
 The committee have thought it was necessary merely to glance at these 
 topics, and present them, to the Senate as furnishing some evidence of a 
 reasonable probabihty that the road will be constructed to accommodate a 
 trade now so great, and giving every promise of a rapid increase. In con- 
 nexion with the roads now in jnogress of completion across the peninsula 
 of Michigan, a speedy, safe, and cheap route will be had from our Atlantic- 
 cities to the Mississippi river, and at a point now, and ever to be, the 
 centre of the great lead trade, and passing through a region which, for 
 salubrity of climate, beauty of landscape, and agricultural resources, may 
 challenge the world. 
 
 The committee do not remark upon the advantages which would be 
 derived at all times for the safe and speedy transportation of the mail, and 
 in time of war in the movement of troops and munitions of war, they being 
 so obvious as to arrest the attention of every one by the construction of a 
 road from the great lakes to the Mississippi, and in time to be extended to 
 rich and fertile regions beyond it. 
 
 Though these are weighty considerations, yet there are others which 
 have engaged the attention of the committee, and in which the pecuniary 
 interests of the United States are concerned. 
 
 The route of this road being for the most part ovei- prairie lands,, and fer 
 removed from any cheap and certain means of conveyance, they are now 
 unsaleable, and may continue so for many years, dispensing no benefits, 
 either to the United States or to the State, through the taxing power. 
 
S [ 295 ] 
 
 This road guaranties an extensive sale of them; for the same motive which 
 influences the company to obtain a pre-emption right, will induce others 
 to purchase the remaining lands, near the route, so soon as they have an 
 assurance that the road will be completed in a reasonable time. The 
 amount of vacant lands within ten miles of the route of this road, the 
 committee estimate at near two millions of acres, and they will remain so 
 unless made available for settlement by this improvement. The United 
 States have, therefore, a direct pecuniary interest in its execution. 
 • The memorial does not ask for any donation of land, in aid of die enter- 
 prise, as a consideration for tlie benefits which may accrne from the road 
 to the people at large^ to the State of Illinois, or to the United States. All 
 they ask is a pre-emption right to a portion of the public lands which are 
 to be enhanced in value by this improvement. They ask for the privilege 
 of making them valuable, and then paying the government the minimum 
 price for them. 
 
 in conceding this, the United States give nothing. All the vacant lands 
 proposed to be embraced in the privilege have been in market many years 
 at the price the company propose to give for them, and if the road be not 
 completed, will, together with the remaining tracts now vacant, remain 
 unsaleable for an indefinite period of time. But wliether sold at a near or 
 distant period, before the road is completed, or afterwards, all the United 
 States can receive for them will be not over one dollar and twenty-five 
 cents per acre, the minimum government price. And if part of the en- 
 hanced value of the lands can be made available in anticipation of the 
 construction of the road, it is certainly, in the opinion of the committee,' 
 more just that it should go into the hands of those who encounter all the 
 responsibilities attached to so great and useful an undertaking, than to 
 those who may buy at government price, and see tlieir lands increased in 
 value fourfold by an enterprise to which they contribute nothing. If any 
 tax be just for the construction of internal improvements, it is one wliich 
 falls exclusively upon the lands and other real property whose value it 
 enhances. A right of way through the public lands is also asked for hy 
 the memorialists. As the construction of the railroad cannot reduce, but 
 will very certainly increase the value of the lands through which it passes, 
 it cannot be doubted that they will sell, subject to this easement, at the 
 government price. The grant of diat rigiit, therefore, will be but securing 
 to the company a portion of the increased value given by them to such 
 tracts, not by pre-emption, but by a process leading partially to the same 
 result. 
 
 In accordance with these views the committee report a bill. 
 
 AN ACT to incorpora'e the Galena and Chicago Union Railroad Company, approved Janu- 
 ary 16, 1836. 
 
 Theo's W. Smith, president-, Edmund D. Taylor, Josiah C. Goodhue, 
 John T. Temple, George Smith, Ebenezer Peck, James H. Collins, di- 
 rectors. 
 
 Sec. 1. Be it enacted by the people of the State of Illinois, representedin 
 the General Assetnbli/, That all such persons as shall become stockholders, 
 agreeably to the provisions of this act, in the corporation hereby created, 
 
[ 295 ] i 
 
 shall be, and for the terai of sixty years fiom and after the passage of th& 
 act shall continue to be, a body corporate and politic^ by the name of the 
 '^Galena and Chicago Union Railroad Company," and by that name shall 
 have succession for the term of years above specified; may sue and be sued, 
 complain and defend, in any court of law or equity; may make and use a 
 common seal, and alter the same at pleasure; may make by-laws, rules, 
 and regulations for the management of property, the regulation of its affairs^ 
 and for the transfer of its stock, not inconsistent with the existing laws 
 and the constitution of this State and of the United States; and may 
 moreover appoint such subordinate agents, oiRcers, and servants, as the 
 business of the said corporation may require, and allow to them a suitable 
 compensation, prescribe their duties, and require bond for the faithful 
 performance thereof, in such penal sums and with such sureties as they 
 ma)'- choose, who shall hold their offices during the pleasure of a majority 
 of the directors of the said corporation. 
 
 Sec. 2. The said corporation shall have the right to construct, and 
 during its continuance to maintain and continue, a railroad with a single or 
 double track, and with such appendages as may be deemed necessary for 
 the convenient use of the same, from the town of Galena, in the county of 
 Jo Daviess, to such point at the town of Chicago as shall be determined, 
 after a survey siiali have been made of the route, to be the most eligible, 
 proper, direct, and convenient therefor. 
 
 Sec 3. The capital stock of the said corporation sliall be one hundred 
 thousand dollars, which shall be deemed personal property, and shall be 
 divided into shares of one hundred dollars each. The capital stock of 
 said corporation may at any time hereafter be increased to a sum not ex- 
 ceeding one million of dollars, if the same shall be judged necessary to 
 the completion of the said Avork, and the same shall be subscribed for and 
 taken under the direction of the directors of the said corporation, wherever 
 they shall direct one or more books to be opened for such purpose, and 
 shall be subscribed and taken in such manner as the directors of the said 
 corporation for that purpose shall order and appoint. 
 
 Sec. 4. That William Bennett, Thomas Drummond, J. C. Goodhue, 
 Peter Semple, J. W. Turner, E. D. Taylor, and J. B. Thomas, jr., shall 
 be commissioners for securing subscriptions to the capital stock of said 
 corporation, who shall give notice, within twelve months after the passage 
 of this act, of the time and place where books will be opened at Galena and 
 Chicago, and such other places as they may deem necessary, in some 
 public newspaper printed at the said places, at least thirty days previous to 
 the opening of such books for the receiving subscriptions to the capital 
 stock of said corporation. 
 
 The majority of the connnissioners shall attend at the place appointed 
 by such notice for the opening of said books, and shall continue to receive 
 such subscriptions to the capital stock of said corporation, from all persons 
 who will subscribe thereto, until the whole amount thereof shall have 
 been subscribed, when the said books shall be closed. Each subscriber, 
 at the time of subscribing, shall pay to the commissioners one dollar on 
 each share of the stock subscribed for by him, and the said commissioners 
 shall, as soon as the directors are elected, deliver to them the whole 
 amount so received. 
 
 Sec. 5. The aflairs of said corporation shall be managed by a board of 
 s^ven directors, to be annually chosen by the stockholders from among 
 
5 [ 295 ] 
 
 themselves, as soon as may be after the stock has been subscribed. The 
 commissioners shall give notice of the time and place at which a meeting 
 of the stockholders will be held for the choice of directors. And at such 
 time and place appointed for that purpose, the commissioners, or a majority 
 of them, shall attend and act as inspectors of said election, and the stock" 
 holders present shall proceed to elect their directors by ballot, and the 
 commissioners present shall certify the result of such election under their 
 hands; which certificate shall be recorded in the books of the corporation, 
 and shall be sufficient evidence of the election of the directors therein 
 named. 
 
 All future elections shall be held at the time and in the manner pre- 
 scribed by the by-laws and regulations of the said corporation. Each 
 stockholder shall be allowed as many votes as he owns shares at the com- 
 mencement of such election, and a plurality of votes shall determine the 
 choice; but no stockholder shall be allowed to vote at any election after the 
 first, for any stock which shall have been assigned to him within thirty 
 days previous to holding such election. 
 
 The said directors shall hold their offices for one year after their elec- 
 tion, and shall elect one of their number as president of the said board. 
 
 Sec. 6. The said corporation is authorized to constract, make, and use, 
 a single or double railroad or way, of suitable widtb and dimensions, to be 
 determined by the said corporation, on the line, course, or way which 
 may be designated and selected by the directors as the line, course, or 
 way whereon to construct and make the same; and shall have power to 
 regulate the time and manner in which goods, effects, and passengers shall 
 be transported, taken, and carried on the same, and to prescribe the manner 
 in Avhich the said railroad shall be used, by what force the carriages to 
 be used thereon may be propelled, and the rate of toll for transportation of 
 persons or property thereon; and shall have power to erect and maintain 
 houses, toll-gates, and other buildings, for the accommodation and manage- 
 ment of the said road, and transport thereon as may be deemed suitable to 
 their interest. And they may also construct, maintain, and use such 
 other lateral routes as may be deemed advantageous and expedient and 
 necessary, under the same rights and privileges as by this act is provided 
 for the constructing of the main route. And it shall be lawful, also, for 
 the said corporation to unite with any other railroad company already 
 incorporated, or which may be incorporated upon any part of the route of 
 said road, upon such terms as may be agreed upon by the directors of said 
 companies ; and also to construct such other and lateral routes as may be 
 necessary to connect them with any other route or routes which may be 
 deemed expedient. 
 
 Sec. 7. If, at any time after the passage of this act, it shall be deemed ad- 
 visable by the directors of the said corporation to make and construct a good 
 and permanent turnpike road upon any portion of the route of the railroad 
 by this act authorized to be constmcted, then the said directors are hereby 
 authorized and empowered to construct a turnpike, or any portion of the 
 said route, of the following dimensions: not less than one hundred feet 
 wide, twenty-two feet of which shall be based with stone, or gravel, or 
 other hard substance, well compacted together, and of sufficient depth to 
 secure a good foundation where necessary, the whole of -which shall be 
 faced with gravel or stone, of a depth not less than six inches, in such 
 manner as to secure a firm and even surface, rising in the middle by a 
 
[ 295 ] 6 
 
 gradual arch; and where other roads may intersect, it shall be so con- 
 structed that carriages may conveniently pass over the turnpike road. And 
 the said corporation is hereby authorized to erect, at both ends of said road, 
 and at such other points upon the line thereof, as many gates as shall be 
 'deemed necessary thereon. 
 
 Sec. 8. It shall be lawful for said corporation to appoint toll-gatherers to 
 collect and receive of and from all persons using said road, the following 
 rates of toll, to wit: For each and eveiy mile of transport or travel upon 
 the said turnpike road, for a man and horse, two cents; or for a single per- 
 son, one cent. For four or six horses or ox wagon and driver, loaded, 
 three cents; and for the same, when empty, two cents. For all four-horse 
 carriages and driver, five cents. For a two-horse wagon, or one yoke of 
 oxen and wagon, three cents. For two-horse pleasure carriages, four 
 cents. For a one-horse carriage or gig, two cents. For horses, mules, or 
 cattle in droves, half a cent per head. For hogs, goats, and sheep, one 
 mill per head. When sleds are used instead of wheels, one-half of the 
 above specified toll. And it shall be lawful for any toll-gatherer to stop 
 and detain any person from going on said road until he shall pay to him 
 the toll propeiiy chargeable to him; and when any person shall pay to the 
 toll-gatherer the toll chargeable to him, the toll-gatherer shall give him a 
 ticket authorizing him to pass the whole distance of the road for which he 
 has paid. And the president and dii'ectors shall cause to be kept upon 
 each gate, in some conspicuous place where it may be easily read, a 
 printed list of the tolls which may be lawfully demanded. Said corpora- 
 tion shall cause to be erected mile posts or stones, to be maintained, and 
 also erect guide-posts at the intersection of all higliways leading into or 
 from such turnpike road, on which shall be inscribed the name of the 
 town or public place to which it leads; and if any person shall wilfully cut 
 down such posts, or shall wilfully break or throw down any of the said 
 gates or turnpike, or shall dig or spoil any of the said road, or anything 
 thereunto belonging, or shall forcibly pass either of the gates without first 
 having paid the legal tolls, such person shall pay and forfeit for every 
 such offence and injury the sum of twentj^-five dollars, to be recovered by 
 the said corporation in an action of debt, before any justice of the peace of 
 the county where the offender or offenders may be found ; and if any per- 
 son shall turn out of the said road and pass any of the gates, and again 
 enter upon such road to avoid the payment of toll, he shall forfeit to the 
 corporation the sum of five dollars, to be recovered in like manner. 
 
 Sec. 9. If any toll-gatherer shall unreasonably delay or hinder any trav- 
 eller or passenger, or shall demand more toll than by this act is allowed, 
 he shall forfeit and pay to the person injured the sum of five dollars in the 
 manner provided in the preceding section; and if he shall be unable to pay 
 it;, the corporation shall be held responsible therefor. 
 
 Sec. 10. As soon as five miles of the (any) turnpike road shall be com- 
 pleted, said corporation may erect gates thereon, and collect the toll allowed 
 by this act. And it shall be the duty of the said coiporation, when said 
 road shall have been completed, to keep it in good repair; and whenever, 
 from any cause whatever, the same shall become injured, the said corpora- 
 tion shall immediately proceed to repair the same. And it shall be lawful 
 for the said corporation to commence the construction of the said railroad, 
 or way, or turnpike, at such points on any part of the aforesaid route or 
 routes hereinbefore described, as in its judgment may appear expedient 
 
? ^ [ 295 ] 
 
 and proper. Said corporation are authorized to borrow any sum of money 
 whicli may in their discretion be deemed necessary, not exceeding its 
 capital stock, to aid in the construction of tlie said road; and if it shall 
 at any time appear to the said corporation that any part thereof, or any 
 surplus funds, are not necessaiy to be retained, the same may be loaned 
 on such terms as the directors of the said coi^po ration may deem proper; 
 not, however, at a higher rate of interest than that now allowed by the 
 laws of this State. 
 
 Sec. 11. In case the corporation shaH not be able to acquire the title to 
 the lands through which the said road shall be laid, by piu'chase or vohm- 
 tery cession, it shall be lawfid for the said corporation to appropriate so 
 much of said lands as may be necessary for its own use, for the purposes 
 contemplated by this act, on complying with the provisions of the six fol- 
 lowing sections. 
 
 Sec. 12. The directors may present a petition to the judge of the circuit 
 court of the county in which the said land may be situate, setting forth by 
 some proper description the lands which are wanted for the construction of 
 said railroad, or turnpike;, or the appendages thereto, and the names of the 
 owners thereof, if known; distinguishing with convenient certainty, if it 
 can be done, the parcels claimed in severalty by the respective owners^ 
 and praying for the appointment of appraisers to assess the damages which 
 the OAvners of said land will severally sustain by reason of the appropria- 
 tion thereof by the said corporation to its own use. 
 
 Sec. 13. On the presentment of such petition, said circuit judge shall 
 appoint a day for the hearing of the parties in interest, and shall direct 
 such notice as he shall deem reasonable, to be given of the time and place 
 of hearings and in case it shall appear that any of the owners of said lands- 
 is a femrne covei't, an inmnt or insane, or otherwise incompetent to take 
 proper care of his or her interest, it shall be the duty of the said judge to 
 appoint some discreet and reputable person to act in the premises, in his or 
 her behalf. 
 
 Sec 14. At the time appointed for such hearing, the said judge shall 
 appoint three disinterested persons, freeholders, residents of the county in 
 which said lands may lie, for the pm-pose of assessing such damages, and,^ 
 in the order in which they were appointed, shall direct and specify what 
 lands are proposed to be appropriated and occupied by the said corpora- 
 tion for the purpose aforesaid. 
 
 Sec. 15. Said appraisers, after being duly sworn before some officer 
 properly authorized to administer oaths, honestly and impartially to assess 
 such damages, shall proceed,- by viewing said lands, and by such other 
 evidence as the parties may produce before them, to ascertain and assess 
 the damages which each individual owner will sustain by the appropria- 
 tion of his lands for the use or accommodation of such railroad or turnpike, 
 or their appendages. 
 
 Sec 1G. The said appraisers shall make a report to the said judge, in 
 writing, under their hands, reciting the order for their appointment, and 
 specifying the several parcels described therein with all necessary certainty,, 
 the names of the owners of the respective parcels, if known, and if not 
 known stating the fact, and specifying also the damages which the owners 
 of the said respective parcels will sustain by reason of the appropriation of 
 the same for the purposes aforesaid; and in case either of the parties are 
 
[ 295 ] ^^ « 
 
 dissatisfied with the assessment, the said judge may, on the hearing of the 
 parties in interest, modify the assessment as to him shall appear just. 
 
 Sec. 17. On the payment of the damages thus assessed, together with 
 the expenses of assessment, as the same shall be settled by said judge, or 
 on depositing the amount thereof for the use of such owners, in such bank 
 or moneyed incorporation as the said judge shall direct, the said corporation 
 shall immediately become entitled to the use of said lands for the purposes 
 aforesaid; and the report of the said appraisers, with the order of said 
 judge, modifying the same, if the same shall have been modified, shall be 
 recorded in the office of the recorder of the county in which said lands 
 shall be situate, in the same manner and the like effect as deeds are 
 recorded, without any other proof than the certificate of the said judge 
 that the report is genuine. 
 
 Sec. 18. And when the said order shall have been so recorded as afore- 
 said, the said corporation shall be seized and possessed of such land or real 
 estate, and may enter upon and take possession, and use the same for the 
 purposes hereinbefore recited. 
 
 Sec. 19. Said corporation shall be bound to repair ail public highways, 
 bridges, and watercourses, which may be injured in constructing said 
 railroad or its appendages; and shall restore them, as far as practicable, to 
 as good a condition as they were before they were injured. 
 
 Sec. 20. The said corporation shall be allowed three years from the 
 passage of this act for th€ commencement of the construction of the said 
 railroad and turnpike; and in case the same shall not be completed within 
 ten years thereafter, the privileges herein granted shall be forfeited. 
 
 Sec. 21. Any person who shall wilfully injure said road, or any of the 
 appendages thereto, shall be deemed guilty of a misdemeanor, and shall 
 forfeit to the use of the coi^poration a sum equal to three times the amount 
 of damages occasioned by such injuiy; to be recovered, with costs of suit, 
 in the name of such corporation, in an action of debt, before any court 
 having cognizance thereof, or before any justice of the peace in the 
 county where such injury or offence may have been committed. 
 
 Sec. 22. This act shall be deemed and taken as a public act, and shall 
 be construed beneficially for all purposes herein specified or intended; and 
 all copies thereof, printed by or under the direction of the General Assem- 
 bly of this State, shall be received in all courts and places whatsoever in 
 said State, as sufficient evidence thereof, without further proof. 
 
 JAMES TEMPLE, 
 Speaker of the House of Representatives. 
 A. M. JENKINS, 
 
 Speaker of the Senate. 
 
 Approved-, 16th January, 1836. 
 
 JOSEPH DUNCAN. 
 
 State op Illinois, Department of State : 
 
 I, Alexander P. Field, secretary of state of the State of Illinois, do 
 certify the foregoing to be a true copy of the enrolled bill on file in this 
 department. 
 
 In testimony whereof, i have hereunto signed my name, and affixed 
 [l. s.] the State seal, at Vandalia, the 29th January, 1836. 
 
 A. P. FIELD, 
 
 Secretary of State. 
 
9 [295] 
 
 AN ACT to amend an act to incorporate the Galena and Chicago Union Railroad Company, 
 
 approved January 16, 1836. 
 
 Sec. 1. Be it enacted by the people of the State of Illinois, represented 
 in the General Assembly, That the capital stock of the Galena and Chicago 
 Union Railroad Company be, and the same is hereby authorized to be, 
 increased to a sum not exceeding one million of dollars, in addition to 
 its present capital, with the assent of the stockholders of the said com- 
 pany, to enable them to complete the construction of the road authorized 
 by the charter of said company. 
 
 Sec. 2, The said additional capital stock shall be taken under and 
 according to the provisions of the third section of the original act of incor- 
 poration; and the time for the final completion of said road is extended 
 five years: and the said company having apphed to the United States for 
 a right of way over the public lands, may receive, take, and hold all such 
 lands as may be ceded or granted to said company by the United States, 
 or by individuals, for the purpose of enabling them to construct said road, 
 or to erect thereon depots, toll-houses, and for such other purposes and 
 uses as may be deemed necessary and useful to said company; and they 
 may dispose of any fractional or surplus portion thereof, if any there should 
 be, whenever it shall appear that so much thereof is not absolutely neces- 
 sary to be retained whereon to construct said road; and erect such depots, 
 toll-houses, and other appendages, to raise additional means wherewith to 
 enable said company to construct said road in the best possible manner. 
 
 Sec. 3. Should it appear impracticable for the said company to con- 
 struct the said road the whole distance contemplated by said act, or that it 
 would be more advantageous to the company, or the public interest, that 
 the said road should be connected with the State Central railroad, then 
 the said company are authorized to terminate the said road at such point 
 as shall be deemed most practicable, and may intersect and connect the 
 said road with the said Central railroad in its course to Galena: Provided, 
 Nothing contained within the provisions of this act shall authorize the said 
 company to have, purchase, receive, or hold any land upon any line of 
 any railroad authorized to be constructed by the State, nor to construct 
 any railroad upon or near the same line, or any railroad authorized to be 
 constructed by the State. 
 
 NEWTON CLOUD, 
 Speaker of the House of Representatives, pro tern. 
 W. H. DAVIDSON, 
 
 Speaker of the Senate. 
 
 Approved, 4th March, 1837. 
 
 JOSEPH DUNCAN. 
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