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PACIFIC RAILROAD ACTS.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF JULY 1, 1862.

[12 Statutes at Large, 489.]

Summary
Full Text
1856 Draft


Pacific Railroad Act, 1862

Pacific Railroad Act, 1862
Courtesy National Archives and Records Administration .



 

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 purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Walter S. Burgess, William P. Blodget, Benjamin H. Cheever, Charles Fosdick Fletcher, of Rhode Island; Augustus Brewster, Henry P. Haven, Cornelius S. Bushnell, 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. Holliday, D. M. Barney, S. De Witt Bloodgood, William H. Grant, Thos. W. Olcott, Samuel B. Ruggles, James B. Wilson, of New York; Ephraim Marsh, Charles M. Harker, of New Jersey; John Edgar Thompson, Benjamin Haywood, Joseph H. Scranton, 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, jr., of Pennsylvania; Noah L. Wilson, Amos 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, Teter Donahue, C. P. Huntingdon, T. D. Judah, James Bailey, James T. Ryan, Charles Hosmer, Charles Marsh, D. O. Mills, 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 McConnell, of Michigan; William F. Coolbaugh, Lucius H. Langworthy, Hugh T. Reid, Hoyt Sherman, Lyman Cook, Samuel R. Curtis, Lewis A. Thomas, Platt Smith, of lowa; William B. Ogden, Charles G. Hammond, Henry Farnum, Amos C. Babcock, W. Seldon Gale, Nehemiah 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 Kentucky; James Dunning, John M. Wood, Edwin Noyes, Joseph Eaton, of Maine; Henry H. Baxter, George W. Collamer, Henry Keyes, Thomas H. Canfield, of Vermont; William S. Ladd, A. M. Berry, Benjamin F. Harding, of Oregon; William Bunn, junior, John Catlin, Levi Sterling, John Thompson, Elihu L. Phillips, Walter D. McIndoe, T. B. Stoddard, E. H. Broadhead, A. H. Virgin, of Wisconsin; Charles Paine, Thomas A. Morris, David E. Brandlham, 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 Blakely, A. D. Seward, Henry A. Swift, Dwight Woodbury, John McKusick, John R. Jones, of Minnesota; Joseph A. Gilmore, 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, or Colorado; President Abraham Lincoln.  From Headley.  Courtesy Bruce C. Cooper Collection. together with five commissioners to be appointed by the Secretary of the Interior, and all persons who shall or may be associated with them, and their successors, are hereby created and {Name and title.} erected into a corporate and politic in deed and in law, by the name, style, and title of "The Union Pacific Railroad Company;" and by that name shall have perpetual succession, {May sue and be sued in all courts.} 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; and the said corporation is hereby authorized and empowered to lay out, locate, construct, furnish, maintain, and enjoy a continuous railroad and telegraph, with the appurtenances, {Initial point.} from a point on the one-hundredth meridian of longitude west from Greenwich, between 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 hereinafter 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. {Capital stock.} The capital stock of said company shall consist of {Amount and number of shares of stock altered in sec. 1, act 1864 .} one hundred thousand shares of one thousand dollars each, which shall be subscribed for and held in not more than two hundred shares by any one person, and shall be transferable in such manner as the by-laws of said corporation shall provide. The persons hereinbefore named, together with those to be appointed by the Secretary of the Interior, are hereby constituted and appointed commissioners, and such body shall be called the {Commissioners to organize.} Board of Commissioners of the Union Pacific Railroad and Telegraph Company, and {Quorum.} twenty-five shall constitute a quorum for the transaction of business. The first meeting of said board shall be held at Chicago, at such time as the commissioners from Illinois herein named shall appoint, not more than three nor less than one mouth 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 by publishing said notice in one daily newspaper in each of the cities of Chicago and St. Louis. Said board shall organize by the choice from its number of a president, secretary, and treasurer, {Treasurer to give bond, &c.} and they shall require from said treasurer such bonds as may be deemed proper, and may from time to time increase the amount thereof as they may deem proper. {Books to be kept open.} 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 corporation, 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 {First meeting of stockholders.} 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, {To elect directors. See sec. 13, act of 1864 .} 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 commissioners, treasurer, and secretary {Books and property to be delivered to directors.} 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 appointed 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 directors to be appointed by the President of the U.S.} two additional directors shall be appointed by the President of the United States, who shall act with the body of directors, and to be denominated directors on the part of the government; {By act of 1864 altered to 5. Sec. 13, 1864 .} any vacancy happening in the government directors at anytime may be filled by the President of the United States. The directors to be appointed by the President shall not be stockholders in the Union Pacific Railroad Company. The directors so chosen shalt, as soon as may be after their election, {Amended by sec. 1, 1864 .} elect from their own number a president and vice-president, and shall also elect a treasurer and secretary. No person shall be a director in said company unless he shall be a bona fide owner of at least five shares of stock in the said company, except the two directors to be appointed by the President as aforesaid. Said company, at any regular meeting of the stockholders called for that purpose, {Company to make by-laws.} 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 conduct of their officers and servants, and all matters whatsoever which may appertain to the concerns of said company; {Directors to appoint agents.} and the said board of directors shall have power to appoint such engineers, agents, and subordinates as may from time to time be necessary to carry into effect the object of this act, and to do all acts and things touching the location and construction of said road and telegraph. {Directors to require payment of subscriptions. Sec. 2, act of 1864 .} Said directors may require payment 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 telegraph within the time in this act prescribed. {Officers to hold for three years, altered sec. 13, 1864 .} Said president, vice-president, and directors shall bold their office for three years, and until their successors are duly 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 transaction of business. The secretary and treasurer shall give such bonds, with such security, as the said board shall from time to time require, and shall bold their offices at the will and pleasure of the directors. Annual meetings of the stockholders of the said corporation, for the choice of officers (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 prescribed in the by-laws.

SEC. 2 . And be it further enacted, {Right of way granted.} That the right of way through the public lands be, and the same is hereby, granted to said company for the construction of said railroad and telegraph line; 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, {See Sec. 3, 1864 .} earth, stone, timber, and other materials for the construction thereof; said right of way is granted to 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 stations, buildings, workshops and depots, machine shops, switches, side tracks, turn-tables, and water stations. {U. S. to extinguish Indian titles. sec. 18, 1864 .} The United States shall extinguish as rapidly as may be, 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, {Land grants. Alternate sections.} That there be, and is hereby, granted to the said company, for the purpose of aiding in the construction of said railroad and telegraph line, and to secure the safe and speedy, transportation of the mails, troops, munitions of war, and public stores thereon, every alternate section of public land, designated by odd numbers, {Changed to ten by Sec. 4, 1864 , and grant to twenty miles.} to the amount of five alternate 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 preemption or homestead claim may not have attached, at the time the line of said road is definitely fixed: {Minerals and timbers. Sec. 4, 1864 .} Provided, That all mineral lands shall be excepted from the operation of this act; but where the same shall contain timber, the timber thereon is hereby granted to said company. And all such lands so granted by this section which shall not be sold or disposed of by said company within three years after the entire road shall have been completed, shall be subject to settlement and pre-emption like other lands, at a price not exceeding one dollar and twenty-five cents per acre, to be paid to said company.

SEC. 4. And be it further enacted, {On completion of 40 miles (changed to twenty by Sec. 6, 1864 ) U. S. Commissioners to examine.} That whenever said company shall have completed forty consecutive miles of any portion of said railroad or telegraph line ready for the service contemplated by this act, and supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turnouts, watering places, depots, equipments, 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 examine the same and report to him in relation thereto; 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, {And patents of land to issue.} 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. {Vacancy in Commissioners. See Sec. 8, act of 1864 .} 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 of the United States unless there shall be presented to him 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, {Government bonds, See sec. 8, act 1864 , also sec. 10 .} That for the purposes herein mentioned, the Secretary of the Treasury shall, upon the certificate in writing of said commissioners of the completion and equipment of {Now 20 miles. Sec. 10, 1864 .} forty consecutive miles of said railroad and telegraph, in accordance with the provisions of this act, issue to said company bonds of the United States of one thousand dollars each, payable in thirty years after date, bearing six per centum per annum interest (said interest payable semi-annually), which interest may be paid in United States treasury notes or any other money or currency which the United States have or shall declare lawful money and a legal-tender, to the amount of { See sec. 11 of this act for $32,000 and $48,000 per mile.} sixteen of said bonds per mile for such section of forty miles; and to secure the repayment to the United States, as hereinafter provided, of the amount of said bonds so issued and delivered to said company, together with all interest thereon which shall have been paid by the United States {Lien of U.S. bonds made subordinate. See sec. 10, act of 1864 .}, the issue of said bonds and delivery to the company shall ipso facto constitute a first mortgage on the whole line of the railroad and telegraph, together with the rolling-stock, fixtures, and property of every kind and description, and in consideration of which said bonds may be issued; and on refusal or failure of said company to redeem said bonds or any part of them, when required to do so by the Secretary of the Treasury, in accordance with the provisions of this act, { See sec. 10, act 1864 .} the said road, with all the rights, functions, immunities, and appurtenances thereunto belonging, 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 for the use and benefit of the United States: {Modified. See sec. 5, act of 1864 .}Provided, This section shall not apply to that part of any road now constructed.

SEC. 6. And be it further enacted, {Bonds, when and how paid.} That the grants aforesaid are made upon condition that said company shall pay said bonds at maturity, and shall keep said railroad and telegraph line in repair and use, and shall at all times transmit dispatches over said telegraph line, and transport mails, troops, and munitions of war, supplies, and public stores upon said railroad for the government whenever required to do so by any department thereof, and that the government shall at all times have the preference in the use of the same for all the purposes aforesaid, (at fair and reasonable rates of compensation, not to exceed the amounts paid by private parties for the same kind of service); and all compensation for services rendered for the government shall be applied to the payment of said bonds and interest until the whole amount is fully paid. {Government transportation—half to be paid in cash. See sec. 6, act of 1864 .} Said company may also pay the United States, wholly or in part, in the same or other bonds, treasury notes, or other evidences of debt against the United States, to be allowed at par; and after said road is completed, until said bonds and interest are paid, at least five per centum of the net earnings of said road shall also be annually applied to the payment thereof.

SEC. 7 . And be it further enacted, {Assent of Company to be filed.} That said company shall file their assent to this act, under the seal of said company, in the Department of the Interior, within one year after the passage of this act, and shall complete said railroad and telegraph from the point of beginning as herein provided, to the western boundary of Nevada Territory, before the first day of July, one thousand eight hundred and seventy-four: {Time of completion extended; see section 6, 1864 .}Provided, That within two years after the passage of this act said company shall designate the general route of said road, as near as may be, {See section 4, act of 1864 . Map, &c., designating route to be filed.} and shall file a map of the same in the Department of the Interior, whereupon the Secretary of the Interior shall cause the lands within fifteen miles of said designated route or routes to be withdrawn from pre-emption, private entry, and sale; and when any portion of said route shall be finally located, the Secretary of the Interior shall cause the said lands hereinbefore granted, to be surveyed and set off as fast as may be necessary for the purposes herein named: {Lands designated, &c.}Provided, That in fixing the point of connection of the main trunk with the eastern connections it shall be fixed at the most practicable point for the construction of the Iowa and Missouri branches, as hereinafter provided.

SEC. 8. And be it further enacted, {From 100th meridian to Nevada.} That the line of said railroad and telegraph shall commence at a point on the one hundredth meridian of longitude west from Greenwich, between 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, at a point to be fixed by the President of the United States, after actual surveys; thence running westerly upon the most direct, central, and practicable route, through the territories of the United States, {See sec. 10 of this act .} to the western boundary of the Territory of Nevada, there to meet and connect with the line of the Central Pacific Railroad Company of California.

SEC. 9. And be it further enacted, {Kansas Co. to construct road, &c.} That the Leavenworth, Pawnee and Western Railroad Company of Kansas are hereby authorized to construct a railroad and telegraph line from the Missouri river, at the mouth of the Kansas river, on the south side thereof, so as to connect with 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 respects as are provided in this act for the construction of 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 to the Rocky Mountains should be so located as to require a departure northwardly from the proposed line 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-hundredth meridian of longitude, that the several railroads from Missouri and Iowa, herein authorized to connect with the same, can make connection 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 the aforesaid point on the one-hundredth meridian of 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. {Central Pacific R. R. Co, of California authorized to contruct road on same terms and conditions.} The Central Pacific Railroad Company of California, a corporation existing under the laws of the State of California, are hereby authorized to construct a railroad and telegraph line 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 conditions, 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-mentioned railroad and telegraph line on the eastern boundary of California. Each of said companies shall file their acceptance of the conditions of this act in the Department of the Interior within six months after the passage of this act.

SEC. 10. And be it further enacted, {Time of doing work.} That the said company chartered by the State of Kansas shall complete one hundred miles of their said road, commencing at the mouth of the Kansas river, as aforesaid, within two years after filing their assent to the conditions 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 California {Changed to 25 miles. See sec. 5, act 1864 .} 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; {Companies may unite in building on equal terms.} and after completing their roads, respectively, said companies, or either 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 and telegraph lines in this act hereinafter mentioned, {Sec. 15, 1864 ; also, sec. 16th of this act .} through the territories, from the State of California to the Missouri river, as shall then remain to be constructed, on the same terms and conditions as provided in this act in relation to the said Union Pacific Railroad Company. And the Hannibal and Saint Joseph railroad, the Pacific Railroad Company of Missouri, and the first-named company, or either of them, on filing their assent to this act as aforesaid, may unite upon equal terms, under this act, with the said Kansas company, in constructing said railroad 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 Company 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 ; {Central Pacific R. R. may continue, &c., to meet other road.} and the Central Pacific Railroad Company of California, after completing its road across said state, is authorized to continue the construction of 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 hereinbefore and hereinafter indicated, {Authority confirmed. See sec. 16, Act of 1864 , last clause. Also sec. 2, 1866 .} 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, {Subsidy bonds treble over the Rocky and the Sierra Nevada mountains.} That for three hundred miles of said road, most mountainous and difficult of construction, to wit, one hundred and fifty miles westwardly from the eastern base of the Rocky mountains, and one hundred and fifty miles eastwardly from the 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 provided, 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 ; {Subsidy bond double between the mountains.} 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 beset 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, {Location at state lines and 100 meridian.} That whenever the route of said railroad shall cross the boundary of any state or territory or said meridian of longitude, the two 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 the road across the same between the points so agreed upon, except as herein provided. {Tracks to be of uniform width, &c.} The track, upon the entire line of railroad and branches shall be of uniform width, to be determined by the President of the United States, so that, when completed, cars can be run from the Missouri river to the Pacific coast; the grades and curves shall not exceed the maximum grades and curves of the Baltimore and Ohio Railroad; {To be used a continuous line, &c.} the whole line of said railroad and branches and telegraph shall be operated and used for all purposes of communication, travel, and transportation, so far as the public and government are concerned, as one connected continuous line; and the companies herein named in Missouri, Kansas, and California, filing their assent to the provisions of this act, shall receive and transport all iron rails, chairs, spikes, ties, timber, and all materials required for constructing and furnishing said first-mentioned line between the aforesaid point on the one-hundredth meridian of longitude and western boundary of Nevada Territory, whenever the same is required by said first-named company, at cost, over that portion of the roads of said companies constructed under the provisions of this act.

SEC. 13. And be it further enacted, {H. and St. road may be extended, &c.} That the Hannibal and Saint Joseph Railroad Company of Missouri may extend its road from Saint Joseph, via Atchison, to connect and unite with the road through Kansas, upon filing its assent to the provisions of this act, upon the same terms and conditions in all respects, for one hundred miles in length next to the Missouri river, as are provided in this act for the construction of the railroad and telegraph line first mentioned, and may for this purpose use any railroad charter which has been or may be granted by the legislature of Kansas: Provided, That if actual survey shall render it desirable, the said company may construct their road, with the consent of the Kansas legislature, on the most direct and practicable route west from St. Joseph, Missouri, so as to connect and unite with the road leading from the western boundary of Iowa at any point east of the one-hundredth meridian of west longitude, or with the main trunk road at said point; but in no event shall lands or bonds be given to said company, as herein directed, to aid in the construction of their said road for a greater distance than one hundred miles. And the Leavenworth, Pawnee and Western Railroad Company of Kansas may construct their road from Leavenworth to unite with the road through Kansas,

SEC. 14. And be it further enacted, {Iowa road from Sioux city.} That the said Union Pacific Railroad Company is hereby authorized and required to construct a single line of railroad and telegraph from a point on Me western boundary of the 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 line of said company at some point on the one-hundredth 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 construction of the said railroad and telegraph first mentioned; and the said Union Pacific Railroad Company shall 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: Provided, That a failure upon the part of said company to make said connection in the time aforesaid, and to perform 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 government of the United States all the rights, privileges, and franchises granted to and conferred upon said company by this act. And whenever there shall be a line of railroad completed through Minne sota or Iowa to Sioux City, {U. P. R. R. Co. required to construct Sioux City road. See sect 16, act of 1864 .} then the said Pacific Rail road Company is hereby authorized and required to con struct a railroad and telegraph 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 President 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 company 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.

SEC. 15. And be it further enacted, That any other 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 prescribe. {Word companies explained.} Wherever the word company is used in this act, it shall be construed to embrace the words their associates, successors, and assigns, the same as if the words had been properly added thereto.

SEC. 16. And be it further enacted, {Companies authorized to consolidate. See see. 16, act of 1864 ; also see sec. 10 of this act .} That at any time after the passage of this act all of the railroad companies named herein, and assenting hereto, or any two or more of them, are authorized to form themselves into one consolidated company; notice of such consolidation, in writing, shall be filed in the Department of 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.

SEC. 17 . And be it further enacted, {Congress may compel speedy completion of road.} That in case said company or companies shall fail to comply with the terms and conditions of this act, by not completing said road and telegraph and branches within a reasonable time, or by not keeping the same in repair and use, but shall permit the same for an unreasonable time to remain unfinished or out of repair and unfit for use, Congress may pass any act to insure the speedy completion of said road and branches, or to put the same in repair and use, and may direct the income of said railroad and telegraph line to be thereafter devoted to the use of the United States to repay all such expenditures caused by the default or neglect of such company or companies: Provided, That if said roads are not completed, so as to form a continuous line of railroad, ready for use, from the Missouri river to the navigable waters of the Sacramento river in California, {Main line to be finished in 1876. See secs. 5 and 7 , act of 1864.} by the first day of July, eighteen hundred and seventy-six, the whole of all of said railroads before mentioned, and to be constructed under the provisions of this act, together with all their furniture, fixtures, rolling-stock, machine shops, lands, tenements, hereditaments, and property of every kind and character, shall be forfeited to and taken possession of by the United States: Provided, That of the bonds of the United States in this act provided to be delivered for any and all parts of the roads to be constructed east of the one-hundredth meridian of west longitude from Greenwich, and for any part of the road west of the west foot of the Sierra Nevada mountains, {Repealed. See sec. 7, act 1864 .} there shall be reserved of each part and installment 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 completed; 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 installment fifteen per centum, to be and remain in the treasury until the whole 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 and in that case the said part of said bonds so reserved shall be forfeited to the United States.

SEC. 18. And be it further enacted., {Under certain circumstances Congress may reduce rates of fare.} That whenever it appears that the net earnings or the entire road and telegraph, including the amount allowed for services rendered for the United States, after deducting all expenditures—including repairs and the furnishing, running, and managing of said road—shall exceed ten per centum upon its cost, (exclusive of the five per centum to be paid to the United States,) Congress may reduce the rates of fare thereon, if unreasonable in amount, and may fix and establish the same by law. And the better to accomplish the object of this act, namely, to promote the public interest and welfare by the construction of said railroad and telegraph line, and keeping the same in working order, and to secure to the government at all times (but particularly in time, of war) the use and benefits of the same for postal, military, and other purposes, Congress may at any time—having due regard for the rights of said companies named herein—add to, alter, amend, or repeal this act.

SEC. 19. And be it further enacted, That the several railroad companies herein named are authorized to enter into an arrangement with the Pacific Telegraph Company, the Overland Telegraph Company, and the California State Telegraph Company, so that the present line of telegraph between the Missouri river and San Francisco may be moved upon or along the line of said railroad and branches as fast as said roads and branches are built; and if said arrangement be entered into, and the transfer of said telegraph line be made in accordance therewith to the line of said railroad and branches, such transfer shall, for all purposes of this act, be held and considered a fulfillment, on the part of said railroad companies, of the provisions of this act in regard to the construction of said line of telegraph. And in case of disagreement, said telegraph companies are authorized to remove their line of telegraph along and upon the line of railroad herein contemplated without prejudice to the rights of said railroad companies named herein.

SEC. 20. And be it further enacted, That the corporation hereby created and the roads connected therewith, under the provisions of this act, shall make to the Secretary of the Treasury an annual report, wherein shall be set forth :

{Companies to make an annual report.}

First. The names of the stockholders and their places of residence, so far as the same can be ascertained.

Second. The names and residences of the directors and all other officers of the company.

Third. The amount of stock subscribed, and the amount thereof actually paid in.

Fourth. A description of the lines of road surveyed, of the lines thereof fixed upon for the construction of the road, and the cost of such surveys.

Fifth. The amount received from passengers on the road.

Sixth. The amount received for freight thereon.

Seventh. A statement of the expense of said road and its fixtures.

Eighth. A statement of the indebtedness of said company, setting forth the various kinds thereof; which report shall be sworn to by the president of the said company, and shall be presented to the Secretary of the Treasury on or before the first day of July in each year.

Approved July 1, 1862.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT JULY 12, 1862.

[12 Statutes at Large, 538.]

AN ACT to amend an act entitled "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 purposes," approved July 1, 1862.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, {First; meeting of commissioners on Pacific railroad and telegraph to be held in Chicago} That the first meeting of the commissioners named in the act entitled " 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 purposes," approved July second, eighteen hundred and sixty-two, and of the five commissioners directed by said act to be appointed by the Secretary of the Interior, shall be held at Bryan Hall, in the city of Chicago, in the State of Illinois, on the first Tuesday of September next, at twelve o’clock, at noon. {Notice.} A notice of said meeting, to be signed by at least ten of the commissioners named in said act, shall be published at least once a week during the six successive weeks commencing on the twentieth of July, one thousand eight hundred and sixty-two in one daily newspaper in each of the cities of Boston, New York, Philadelphia, Cincinnati, Chicago, and St. Louis, and no other notice of said meeting shall be requisite.

Approved July 12, 1862.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF MARCH 3, 1863—FIXING GAUGE.

[12 Statutes at Large, 807.]

AN ACT to establish the gauge of the Pacific railroad and its branches.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the gauge of the Pacific railroad and its branches throughout their whole extent, from the Pacific coast to the Missouri river, shall be, and hereby is, established at four feet eight and one-half inches.

Approved March 3, 1863.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF JULY 2, 1864.

[13 Statutes at Large, 356.]

AN ACT to amend an act entitled "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 purposes," approved July first, eighteen hundred and sixty-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, {Stock shall be in shares of $100 each instead of $1,000.} That the capital stock of the company entitled the Union Pacific Railroad Company, authorized by the act of which this act is amendatory, shall be in shares of one hundred dollars, instead of one thousand dollars, each; {No. of shares one million instead of 100,000.} that the number of shares shall be one million, instead of one hundred thousand; {Director must hold 50 shares.} and that the number of shares which any person shall hold to entitle him to serve as a director in said company (except the five directors to be appointed by government) shall be fifty shares, instead of five shares; and that every subscriber to said capital stock for each share of one thousand dollars, heretofore subscribed, shall be entitled to a certificate for ten shares of one hundred dollars each; {Restriction as to amount held by one person repealed.} and that the following words in section first of said act, "which shall be subscribed for and held in not more than two hundred shares by any one person," be and the same are hereby repealed.

SEC. 2 . And be it further enacted, {How books for stock subscription are to be opened.}That the Union Pacific Railroad Company shall cause books to be kept open to receive subscriptions to the capital stock of said company, (until the entire capital of one hundred mil lions of dollars shall be subscribed,) at the general office of said company in the city of New York, and in each of the cities of Boston, Philadelphia, Baltimore, Chicago, Cincinnati, and St. Louis, at such. places as may be des ignated by the President of the United States, and in such other localities as may be directed by him. {Manner of subscribing.} No subscription for said stock shall be deemed valid unless the subscriber therefor shall, at the time of subscribing, or remit to the treasurer of the company an amount per share subscribed by him equal to the amount per share previously paid by the then-existing stockholders. {Assessments on capital stock.} The said company shall make assessments upon its stock holders of not less than five dollars per share, {How paid.} and at intervals of not exceeding six months from and after the passage of this act, until the par value of all shares sub scribed shall be full paid; and money only shall be receivable for any such assessments, or as equivalents for any portion of the capital stock hereinbefore authorized. {Capital stock limited to actual cost of road} The capital stock of said company shall not be increased beyond the actual cost of said road. And the stock of the company shall be deemed personal property, {Transfer of stock.} and shall be transferable on the books of the company, at the general office of said company in the city of New York, or at such other transfer office as the company may establish.

SEC. 3 . And be it further enacted, That the Union Pacific Railroad Company, and all other companies provided for in this act and the act to which this is an amendment, be, and hereby are, {Regulates the taking of private property for right of way.} empowered to enter upon, purchase, take, and bold any lands or premises that may be necessary and proper for the construction and working of said road, not exceeding in width one hundred feet on each side of its centre line, unless a greater width be required for the purpose of excavation or embankment; and also my lands or premises that may be necessary 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 and 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 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 commissioners, 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 be taken lie; and said commissioners, in their assessments of damages, 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 ap praisement, and upon the payment to the clerk thereof of the amount so awarded by 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 full title to the same for the purposes aforesaid. {Proceedings to obtain title to right of way, &c.} And either party feeling aggrieved by said assessment may, within thirty days, file an appeal there from, 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 con struction of its road. And said party appealing shall give bonds, with sufficient surety or sureties, for the pay ment of any cost that may arise upon such appeal. And in case the party appealing does not obtain a more favor Able 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. Arid 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 same proceeding shall be bad in reference to the appraisement of the promises to be taken and with tile 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 rea son 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 un occupied, 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 railroad, 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 opening of said road across any land, all claim to damges against said company shall be barred. It shall be competent for the legal guardian of any infant or any other person under guardianship to agree with the proper company as to damages sustained by reason of the taking of any lands of any such person under disability, as aforesaid, for the use as aforesaid; and upon such agreement being made, and approved by the court having supervision 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.

SEC. 4. And be it further enacted, {Increases the land grant to 10 alternate see dens on each of road, and the limit to 20 miles on each side of the road.} That section three of said act be hereby amended by striking out the word "five," where the same occurs in said section and by inserting in lieu thereof the word "ten;" and by striking out the word "ten," where the same occurs in said section, and inserting in lieu thereof the word "twenty.’’ {Secretary of the Interior to withdraw lands within 25 miles of route.} And section seven of said act is hereby amended by striking out the word "fifteen," where the same occurs in said section, and inserting in lieu thereof the word "twenty-five." {Defines mineral lands.} And the term "mineral lands," where ever the same occurs in this act, and the act to which this is an amendment, shall not be construed to include coal and iron land. And any lands granted by this act, or the act to which this is an amendment, {Land grant subject to pre-emption, but only to the, extent of 160 acres to each settler.} shall not defeat or impair any pre-emption, homestead, swamp-land, or other lawful claim, nor include any government reservation or mineral lands, or the improvements of any bona fide settler on in any lands returned and denominated as mineral lands, and the timber necessary to support his said improvements is a miner or agriculturalist, to be ascertained under such rules as have been or may be established by the Commissioner of the General Land Office, in conformity with the provisions of the pre-emption laws: Provided, That the quantity thus exempted by the operation of this act, and the act to which this is an amendment, shall not exceed one hundred and sixty acres for each settler who claims as an agriculturalist; and such quantity for each settler who claims as a miner, as the said commissioner may establish by general regulations: {Proviso as to timber.} 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 said section three, shall not apply to the tunber growing or being on any land farther than ten miles from the centre of the line of any one of said roads or branches mentioned 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 {Subject also to lands located under act for benefit of colleges agriculture, and the arts.} "An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July second, eighteen hundred and sixty-two , and notice thereof given at the proper land office.

SEC. 5. And be it further enacted, {Time extended one year for designating route, filing map, and completing road.} That the time for designating the general route of said railroad, and of filing the map of the same, and the time for the completion of that part of the railroads required by the terms of said act of each company, be and the same is hereby extended one year from the time in said act designated; {California road to complete only 25 miles each year.} and that the Central Pacific Railroad Company of California shall be required to complete twenty-five miles of their said road in each year thereafter, and the whole to the state line within four years, and that {Only one-half of government business to be applied to the payment of bonds.} only one-half of the compensation for services rendered for the government by said companies shall be required to be applied to the payment of the bonds issued by the government in aid of the construction of said road.

SEC. 6. And be it further enacted, {President may appoint commissioners at any time.} That the proviso to section four of said act is hereby modified as follows, viz: And the President of the United States is hereby authorized, at any time after the passage of this act, to appoint for each and every of said roads three commissioners, 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 presented to the President of the United States; and the said surveyor-general shall thereupon notify the said commissioners of the filing of such statement, {Commissioners may inspect road of California Co. under certain provisions.} and the said commissioners shall thereupon proceed to examine the portion of said railroad and telegraph line so completed, and make their report thereon to the President of the United States, as provided by the act of which this is amandatory. 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 appertaining set apart, located, entered, and patented, as provided in this act and the act to which this is amendatory, upon the construction by said rail 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 is 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 of section seventeen of said act as provides for a reservation by the government of a portion of the bonds to be issued to aid in the construction of the said railroads {Repeal of reservation of government bonds.} 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 is amendatory, {The default or neglect of one company not to affect any other.} shall not work a forfeiture of the rights, privileges, or franchise of any other company or companies that shall have complied with the same.

SEC. 8. And be it further enacted, That for the purpose of facilitating the work on said railroad, and of enabling the said company as early as practicable to commerce 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 mountains, so that the same may be finally completed within the time required by law, it is hereby provided that whenever the chief engineer of the said company and said commissioners shall certify that a certain proportion of the work required to prepare the road for the superstructure on any such section of twenty miles is done, (which said certificate shall be duly verified,) the Secretary of the Treasury is hereby authorized and required, upon the delivery of such certificate, to issue to said company a {Provision for Union Pacific Railroad obtaining a proportion of government bonds in the mountain work before final completion of the road.} proportion of said bonds, not exceeding two-thirds of the amount of bonds authorized 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 commissioners appointed by the President, according to the terms and provisions of the said act; {But not west of Salt Lake City more than 300 miles in advance of its completed line.} and no such bonds shall issue to the Union Pacific Railroad Company for work done west of Salt Lake City under this section, more than three hundred miles in advance of the completed 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 necessary connections with other roads, {Right for ferries and bridges.} it is hereby authorized to establish and maintain all necessary ferries upon and across the Missouri river, and other rivers which its road may pass in its 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 constructed 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 approved character necessarily do: {Companies may unite with main line west of 100th meridian, but to receive no more lands or bonds than if the junction was on the 100th meridian.} And provided, further, That any company authorized by this act to construct its road and telegraph line from the Missouri river to the initial point aforesaid, may construct its road and telegraph line so as to connect with the Union Pacific railroad at any point westwardly of such initial point, in case such company shall deem such westward connection more practicable or desirable; and in aid of the construction of so much of its road and telegraph line as 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 restrictions 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 provided, if the same had united with the Union Pacific railroad on the one-hundredth degree of 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 be 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 participate in the construction of said road, {Act of March 3, 1865 . Bonds 100 miles in advance.} may, on the completing of each section of said road, as provided in this act, and the act to which this act is an amendment, {Authorizes the issue of first mortgage bonds, which shal be a lien on the road prior to the lien of the government.} issue their first mortgage bonds on their respective railroad and telegraph lines to an amount not exceeding the amount of the bonds of the United States, and of even tenor and date, time of maturity, rate and character of interest, with the bonds authorized to be issued to said railroad companies respectively. And the lieu of the United States bonds shalt be subordinate to that of the bonds of any or either of said companies hereby authorized to be issued on their respective roads, property, and equipments, except as to the provisions of the sixth section of the act to which this act is an amendment, relating to the transmission of dispatches and the transportation of mails, troops, munitions of war, supplies, and public stores for the government of the United States. {Changes the sections from "40" to "20" miles.} And said section is further amended by striking out the word "forty," and inserting in lieu thereof the words "on each and every section of not less than twenty."

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 entitle the same to priority or preference of payment to the said guaranteed bonds, or said first mortgage bonds, the amount of such corporate bonds outstanding and unsatisfied or uncancelled {Outstanding bonds already issued by any road shall be deducted from the amount of the bonds to be issued by the government.} shall be deducted from the amount of such government and first mortgage bonds which the company may be 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 company claiming them shall present to the Secretary of the Treasury {Sworn statement all of outstanding securities shall be made to the Secretary of the Treasury.} an affidavit of the president and secretary of the company, to be sworn to before the judge of a court of record, setting forth whether said company has issued any such bonds or securities, and, if so, particularly describing the same, and such other evidence as the Secretary may require, so as to enable him to make the deduction herein required; and such affidavit shall then be filed and deposited in the office of the Secretary of the Interior. And my person swearing falsely to any such affidavit shall be deemed guilty of perjury, and on conviction thereof shall be punished as aforesaid: Provided, 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 shall not be construed to apply to any other roads than those specified in the act.} on account of any road or part thereof made prior to the passage of the act to which this act is an amendment, or made subsequent thereto under the provisions of any act or acts other than this act and the act amended by this act.

SEC. 12. And be it further enacted, That the Leavenworth, Pawnee and Western Railroad Company, now known as the Union Pacific Railroad Company, Eastern Division, shall build the railroad from the mouth of Kansas river, by the way of Leavenworth, or, if that be not deemed the best route, then the said company {The Union Pacific R.R. Co., Eastern Div. shall build branch from Leavenworth to Lawrence in 2 years.} shall, within two years, build a railroad from the city of Leavenworth to unite with the main stem at or near the city 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 shall have completed their road to the hundredth degree of longitude, {In default of the main line being buit, the Kansas Co. may proceed to build the same.} then the last-named company may proceed to make said road westward until it meets and Connects with the Central Pacific Railroad Company on the same line. And the said railroad from the mouth of the Kansas river to the one-hundredth meridian of longitude {Kansas road shall be built via Lawrence and Topeka.} shall be made by the way of Lawrence and Topeka, or on the bank of the Kansas river opposite said towns: Provided, That no bonds shall be issued or land certified by the United States to any person or company, {The line from Omaha must be built before bonds or lands shall be granted west of 100th meridian and east of Rocky mountains.} for the construction of any part of the main trunk line of said railroad west of the one-hundredth meridian of longitude and east of the Rocky mountains, until said road shall be completed from or near Omaha, on the Missouri river, to the said one-hundredth meridian of longitude.

SEC. 13 . And be it further enacted, That at and after the next election of directors, {At next election, 15 directors to be elected, and 5 government directors.} the number of directors to be elected by the stockholders shall be fifteen; and the number of directors to be appointed by the President shall be five; and the President shall appoint three ad ditional directors to serve until the next regular elec tion, and thereafter five directors. {One government director on each committee.} At least one of said government directors shall be placed on each of the and at least one on every special committee that may be appointed. The government directors, shall, from time to time, report to the Secretary of the Interior, in answer to any inquiries be 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 Deparment. {Duties of government directors and their compensation.} They shall, as often as may be necessary to a full knowledge of the condition and management of the line, visit all portions of the line of road, whether built or surveyed; and while absent from home, attending to their duties as directors, shall be paid their actual travelling expenses, and be allowed and paid such reasonable compensation for their time actually employed as the board of directors may decide.

SEC. 14. And be it further enacted. That the next election for directors of said railroad shall be held on the first Wednesday of October’ next, at the office of said company in the city of New York, between the hours of ten o’clock a. m. and four o’clock p. m. of said day ; {Next election of directors in October, 1864, and annually thereafter; and directors shall hold office for one year.} and all subsequent regular elections shall be held annually thereafter at the same place; and the directors shall hold their offices for one year, and until their successors 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 are concerned, as one continuous line; {The several roads shall be run as a continuous line, and on equal terms to all.} and in such operation and use, to afford and secure to each equal advantages 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 adverse to the road or business of any or either of the others; and it shall not be 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 injured, 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, {See additions Act June 20, 1874 .} 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, {Companies may consolidate, and consolidated company succeeds to rights of all the companies.} That any two or more of the companies authorized to participate in the benefits- of this act are hereby authorized at any time to unite and consolidate their organizations, as the same may or shall be, upon such terms and conditions, and in such manner as they may agree upon, and as shall not 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 exceed the actual cost of the roads so to be consolidated, and shall file a copy of such consolidation in the Department 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 immunities, guarantees, acts, and things to be done and performed, 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 substitution 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, upon the completion by. such consolidated organization of the roads or either of them of the companies so consolidated, 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 of a continuous line from each of the several points on the Missouri river 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 construction of its road and telegraph in the general direction and route upon which such incomplete or unconstructed road is hereinbefore authorized to be built, until such continuation of the road of such consolidated organization shall reach the constructed road and telegraph of said other company, and at such point unite and connect therewith; {Provision in case any company is in default in substantial compliance with the provisions of the act.} 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 telegraph, and to the construction and equipment thereof, all and singular the several acts and things hereinbefore provided, authorized, or granted to be done by the company hereinbefore authorized to construct and equip the same, and shall be entitled to similar and like grants, benefits, immunities, guarantees, acts, and things to be 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 commissioners, in reference to such company, and to such portion of the road hereinbefore authorized to be constructed 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 defaulting company the value, to be estimated by competent engineers, of all the work done and material furnished by said defaulting company, which may be adopted and used by said consolidated company in the progress of the work under the provisions of this section: {Proviso.} 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 con solidated 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 section, shalt be to that extent an abatement of the rights, benefits, and privileges hereinbefore granted to such other company. And in case any company authorized thereto shall not enter into such consolidated organization, 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 shalt be made pursuant to this act, the terms and conditions of this act, hereinbefore 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 inipaired by another thereof. {Central Pac. RR of Cal after their road is completed, may build 150 miles eastwardly if Union Pacific shall not then have completed their line.} It is further provided, that, should the Central Pacific Railroad Company of California complete their line to the eastern line of the State of California before the line of the Union Pacific Railroad Company shall have been extended westward so as to meet the line of said first named company, said first-named company may extend their line of road eastward one hundred and fifty miles on the established route, so as to meet and connect with the line of the Union Pacific Railroad, complying in all respects with the provisions 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: {Iowa and Minnesota companies may build the Sioux City branch.} That whenever a line of railroad shall be completed through the States of Iowa or Minnesota to Sioux City, such company now organized or as may hereafter be organized under the laws of Iowa, Minnesota, Dacota, or Nebraska, as the President of the 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 railroad, 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 all amendment, for the construction of the said Union and Pacific railroad and telegraph line and branches; and said company shall complete the same at the rate of fifty miles per year: {Union Pacific released from the construction of this branch.}Provided, That said Union Pacific Railroad Company shall be, and is hereby, released from the. construction of said branch. And said company constructing said branch shall Dot 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 seetions of land for ten miles in width on each side of the same along the whole length of said branch: {Provision in case of default of the Iowa and Minnesota companies.}And provided further, That if a railroad be not completed to Sioux City, across Iowa or Minnesota, within eighteen months from the date of this act, then said company, designated bythe 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 tell years from the passage of this act, then, and in that case, all of the railroad which shall have been constructed by said company shalt be forfeited to and become the property of the United States,

SEC. 18. And be it further enacted, That the Burlington and Missouri River Railroad Company, a corporation organized under and by virtue of the laws of the State of Iowa, {Authorizes the Burlington and Missouri River R. R. Co. to extend its line and connect with main line.} be and hereby is authorized to extend is [its] road through the Territory of Nebraska from the point where it strike the Missouri river, south of the mouth of the Platte river, to sonic point not further west than the one-hundredth meridian of west longitude, so as to connect, by the most practicable route, with the main trunk of the Union Pacific railroad, or that part of it which run, 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 granted to said [c]ompany 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 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 purpose of aiding in the construction of said road, there be and hereby {Grant of lands made to Burlington and Mo. River RR. Co.} is granted to the said Burlington and Missouri River Railroad Company, every alternate section 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 otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the line of said road is definitely fixed: {Company must accept within 1 year.}Provided, [That] said company shall accept this grant within one year from the passage of this act, by filing 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 act to which this is an amendment, {Provision as to how lands shall issue to Burlington and Mo. River RR. Co.} the President of the United States shall appoint three commissioners to examine and report to him in relation thereto; and if 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 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, [and] fill vacancies in said commission, as provided in relation to other roads mentioned 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: {No government bonds shall issue to this company.}Provided, That no government bonds shall be issued to the said Burlington and Missouri River Railroad Company to aid in the construction of said extension of its road: {Ten years to build the road.}And provided further, That said extension shall be completed within the period of ten years from the passage of this act.

SEC. 21. And be 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 of survey of land to be paid by each company.} the cost of surveying, selecting and conveying the same by the said company or party in interest as the titles shall be required by said company, which amount shall, without any 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 completed, as provided under the provisions of this act.

SEC. 22 . And be it further enacted, That Congress may at any time alter, amend, or repeal this act.

Approved July 2, 1864.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF MARCH 3, 1865.

[13 Statutes at Large, 504.]

AN ACT to amend an act entitled "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 purposes," approved July 1st, eighteen hundred and sixty-two, and to amend an act amendatory thereof, approved July second, eighteen hundred and sixty-four.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, {Sec. 10 amended, so as to allow the Cen. Pac. R. R. Co. and the Wes. Pac. RR. Co., of California, the Union Pac. RR. Co., the Union Pac. RR. Co., Eastern Division, &c., to issue bonds.}That section ten of said act of July second, eighteen hundred and sixty-four, be so modified and amended as to allow the Central Pacific Railroad Company and the Western Pacific Railroad Company, of California, the Union Pacific Railroad Company, the Union Pacific Railroad Company, Eastern Division, and all other companies as provided for in the said act of the second July, eighteen hundred and sixty-four, to issue their six per centum thirty years’ bonds, interest payable in any lawful money of the United States, upon their separate roads. And the said companies are hereby authorized to issue, respectively, their bonds to the extent of one hundred miles in advance of a continuous completed line of construction.

SEC. 2. And be it further enacted, {Assignment to Western Pac. R. R. Co. of California ratified.}That the assignment made by the Central Pacific Railroad Company of California, to the Western Pacific Railroad Company of said state, of the right to construct all that portion of said railroad and telegraph from the city of San José to the city of Sacramento is hereby ratified and confirmed to the said Western Pacific Railroad Company, with all the privileges and benefits of the several acts of Congress relating thereto, and subject to all the conditions thereof : {Proviso.]Provided, That the time within which the said Western Pacific Railroad Company shall be required to construct the first twenty miles of their said road, shall be one year from the first day of July, eighteen hundred and sixty-five, and that the entire road shall be completed from San José to Sacramento, connecting at the latter point with the said Central Pacific railroad within four years thereafter.

Approved March 3, 1865.


ACT OF JUNE 15, 1866.

[14 Statutes at Large, 66.]

AN ACT to facilitate commercial, postal, and military communication among the several states.

WHEREAS, The Constitution of the United States confers upon Congress, in express terms, the power to regulate commerce among the several states, to establish post-roads, and to raise and support armies: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any railroad company in the United States, whose road is operated by steam, its Successors and assigns, be, and is hereby, authorized to carry upon and over its road, boats, bridges, and ferries, all passengers, troops, government supplies, mails, freight, and property, on their way from any state to another state, and to receive compensation therefor, and to connect with reads of other states so as to form continuous lines for the transportation of the same to the place of destination: Provided, That this act shall not affect any stipulation between the government of the United States and any railroad company for transportation or fares without compensation, nor impair or change the conditions imposed by the terms of any act -ranting lands to any such company to aid in the construction of its road, nor shall it be construed to authorize any railroad company to build any new road or connection with any other road without authority from the state in which said railroad or connection may be proposed.

SEC. 2. And be it further enacted, That Congress may at any time alter, amend, or repeal this act.

Approved June 15, 1866.

[Inserted because of its application to inter-state commerce, and not on account of any special reference to Kansas Pacific railway.]


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

JOINT RESOLUTION OF MAY 7, 1866.

[14 Statutes at Large, 355.]

A RESOLUTION extending the time for the completion of the Union Pacific railway, eastern division.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for the completion of the first one hundred miles of railroad and telegraph line by the Leavenworth, Pawnee and Western Railroad Company, (since called the "Union Pacific Railroad Company, Eastern Division,") mentioned in the tenth section of the charter of the Union Pacific Railroad Company, of July first, one thousand eight hundred and sixty-two, and in the fifth section of the amendment thereof, of July second, one thousand eight hundred and sixty-four, be, and the same is hereby, extended until the twenty-seventh day of June, one thousand eight hundred and sixty-six; and that the time for completing each succeeding section of one hundred miles shall be reckoned from the said twenty-seventh day of June in said year.

SEC. 2. And be it further resolved, That the time for commencing and completing the Northern Pacific railroad, and all its several sections, is extended for the term of two years.

Approved May 7, 1866.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF JULY 3, 1866.

[14 Statutes at Large, 79.]

AN ACT to amend an act entitled "An act to amend ‘An act entititled 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 purposes,’ approved July 1, 1862," approved July 2, 1864.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, {Union Pacific Railway Co. to designate general route of road, &c., before Dec. 1, ‘66.}That that the Union Pacific Railway Company, Eastern Division, is hereby authorized to designate the general, route of their railroad, and to file a map thereof, as now required by law, at any time before the first day of December, eighteen hundred and sixty-six; and upon the filing of the said map, showing the general route of said road, {Lands on line of road to be reserved from sale.} the lands along the entire line thereof, so far as the same may be designated, shall be reserved from sale by order of the Secretary of the Interior: {Amount of bonds to be the same as if, &c.}Provided, That said company shall be entitled to only the same amount of the bonds of the United States to aid in the construction of their line of railroad and telegraph as they would have been entitled to if they had connected their said line with the Union Pacific railroad on the one-hundreth degree of longitude as now required by law: {Point of connection with the Union Pac. RR.}And provided further, That said company shall connect their line of railroad and telegraph with the Union Pacific railroad, but not at a point more than fifty miles westwardly from the meridian of Denver, in Colorado.

SEC. 2. And be it further enacted, That the Union Pacific Railroad Company, with the consent and approval of the Secretary of the Interior, are hereby authorized to {Location of Union Pac. RR. Co. from Omaha westward.} locate, construct, and continue their road from Omaha, in Nebraska Territory, westward, according to the best and most practicable route, and without reference to the initial point on the one-hundredth meridian of west longitude, as now provided by law, in a continuous completed line, until they shall meet and connect with the Central Pacific Railroad Company of California; {Of Central Pa[c]ific RR. Company westward.} and the Central Pacific Railroad Company of California, with the consent and approval of the Secretary of the Interior, are hereby authorized to locate, construct, and continue their road eastward, in a continuous completed line, until they shall meet and connect with the Union Pacific railroad: {Work may be done on not over 300 miles in advance of continuous completed lines} Provided, That each of the above-named companies shall have the right, when the nature of the work to be done, by reason of deep cuts and tunnels , shall for the expeditious construction of the Pacific railroad requIre it, to work for an extent of not to exceed three hundred miles in advance of their continuous completed lines.

Approved July 3, 1866.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF JULY 25, 1866.

[14 Statutes at Large, 241.]

AN ACT granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in California, to Portland, in Oregon.

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

Approved July 25, 1866.

[Introduced to show the care taken by Congress to secure fair and equal treatment of each other, by the railroads mentioned in the act.]


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

JOINT RESOLUTION, JULY 26, 18[6]6.

[14 Statutes at Large, 367.]

A RESOLUTION granting the right-of-way through military reserves to the Union Pacific Railroad Company and its branches.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to approval by the President, the right-of-way, one hundred feet in width, is hereby granted to the Union Pacific Railroad Company and the companies constructing the branch roads connecting therewith, for the construction and operation of their roads over and upon all military reserves tbrough which the same may pass; and the President is hereby authorized to set apart to the Union Pacific Railway Company, Eastern Division, twenty acres of the Fort Riley military reservation, for depot and other purposes, in the bottom opposite "Riley City;" also, fractional section "one" on the west side of said reservation, near Junction City, for the same purposes; and also to restore, from time to time, to the public domain, any portion of said military reserve over which the Union Pacific railroad, or any of its branches, may pass, and which may not be required for military purposes: Provided, That the President shall not permit the location of any such railroad, or the diminution of any such reserve in any manner so as to impair its useful ness for military purposes, so Ion as it shall be required therefor.

Approved, July 26, 1866.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF 1868.

[15 Statutes at Large, p. 39.]

{March 6, 1868.} AN ACT restoring lands to market along the line of the Pacific railroad and branches.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, {Lands on line of Pacific railroads and branches restored to market.} {Pacific Railroad Act: 1862 , ch. 120, Vol. xii., p. 489.} {1864 , ch. 216, Vol. xiii., p. 356.} {1866 , ch. 156, vol. xiv., p. 79. vol. xiv., pp. 355, 367.} That nothing in the act approved July 1st, eighteen hundred and sixty-two, entitled " An act to aid in the construction of "railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the use of the same for postal, military, and other purposes," and the act:, amendatory thereof, shall be held to authorize the withdrawal or exclusion from settlement and entry, under the provisions of the pre-emption or home stead laws, the even-numbered sections, along the routes of the several roads therein mentioned which have been or may be hereafter located: {Price of lands.}Provided, That such sections shall be rated at two dollars and fifty cents per acre and subject only to entry under those laws ; and the Secretary of the Interior be, and is hereby, authorized and directed {Homestead & Pre-emption rights.} to restore to homestead settlement, pre-emption or entry, according to existing laws, all the even numbered sections of land belonging to the government, and now withdrawn from market, on both sides of the Pacific railroad and branches, wherever said road and branches have been definitely located.

Approved March 6, 1868.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF 1868.

[15 Statutes at Large, p. 79.]

{June 25, 1868.} AN ACT relative to filing reports of railroad companies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, {Reports of certain railroads to be made on or before Oct. 1st, in each year to Secretary of Interior.} {Pacific Railroad Act: 1862 , ch. 120 Vol. xii., p. 489.} {1864 , ch 216, vol. xiii., P. 356.} {1865 , ch. 88, Vol. xiii., p. 504, to contain what.} That the reports required to be made to the Secretary of the Treasury on or before the first day of July of each year, by the corporations created by or entitled to subsidies under the provisions of an act entitled "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 purposes," approved July first, eigheen hundred and sixty-two, and the acts supplemental to and amendatory thereof, shall hereafter be made to the Secretary of the Interior, on or before the first day of October of each year. Said reports shall give full and specific information upon the several points mentioned in the twentieth section of the said act of eighteen hundred and sixty-two, and shall be verified as therein prescribed, and on failure to make the same as herein required, the issue of bonds or patents to the company in default shall be suspended until the requirements of this act shall be complied with by such company. {Former reports.} And the reports hitherto made to the Secretary of the Treasury under the said act of July first, eighteen hundred and sixty-two, shall be transferred and delivered by him to the Secretary of the Interior to be filed by him.

SEC. 2. And be it further enacted, {Reports of Northern Pacific, Atlantic and Pacific, and Southern Pacific to be made when, &c.} {1864 , ch. 216, Vol. xiii., p. 356.} {1866 , ch. 278, Vol. xiv., p. 292.}That the corporations created by the provisions of the acts of Congress approved July second, eighteen hundred and sixty-four, and July twenty-seventh, eighteen hundred and sixty-six, and known as the Northern Pacific Railroad Company, the Atlantic and Pacific Railroad Company, and the Southern Pacific Railroad Company, shall make reports to the Secretary of the Interior on or before the first day of October of each year, are required to be made by the Union Pacific Railroad and branches, under the provisions of the first section of this act, and on failure so to do shall be subject to the like suspension.

SEC. 3. And be it further enacted, {Reports of commissioners to be made to Department of the Interior.} That the reports required from the commissioner appointed to examine and report in relation to the road of any of the corporations, whereto reference is made in this act, shall be addressed to and filed in the Department of the Interior; and all such reports, heretofore made, shall be transferred to and filed in said Department of the Interior; {Repealing clause.} and so much of any and all acts as requires any reports from such companies, or any officers thereof, to be made to the Secretary of the Treasury, is hereby repealed.

SEC. 4. And be it further enacted, {Reports of engineers and other officers who made reports, to be furnished.} That, in addition to the eight subjects referred to in section twenty of the act of July, eighteen hundred and sixty-two, to be reported upon, there shall also be furnished, annually, to the Secretary of the Interior, all reports of engineers, superintendents, or other officers who make annual reports to any of said railroad companies.

Approved June 25, 1868.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT MARCH 3, 1869.

AN ACT to authorize the transfer of lands granted to the Union Pacific Railroad Company, Eastern Division, between Denver and the point of its junction with the Union Pacific railroad, to the Denver Pacific Railway and Telegraph Company, and to expedite the completion of railroads to Denver, in the Territory of Colorado.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, {U. P. RW. Co., Eastern Division, to contract with Denver Pacific Co.} That the Union Pacific Railway Company, Eastern Division, be, and it hereby is, authorized to contract with the Denver Pacific Railway and Telegraph Company, a corporation existing under the laws of the Territory of Colorado, for the construction, operation, and maintenance of that part of its line of railroad and telegraph between Denver City and its point of connection with the Union Pacific railroad, which point shall be at Cheyenne, and to adopt the road-bed already graded by the said Denver Pacific Railway and Telegraph Company as said line, and to grant to said Denver Pacific Railway and Telegraph Company the perpetual use of its right-of-way and depot- grounds, and to transfer to it all the rights and privileges, subject to all the obligations pertaining to said part of its line.

SEC. 2. And be it further enacted, That the said Union Pacific Railway Company, Eastern Division, shall extend its railroad and telegraph to a connection at the city of Denver, so as to form, with that part of its line herein authorized to be constructed, operated, and maintained {Shall extend road to form continuous line from Kansas City, by Denver, to Cheyenne.} by the Denver Pacific Railway and Telegraph Company, a continuous line of railroad and telegraph from Kansas City, by way of Denver, to Cheyenne. And all the provisions of law for the operation of the Union Pacific railroad, its branches and connections, as a continuous line, without discrimination, shall apply the same as if the road from Denver to Cheyenne had been constructed by the said Union Pacific Railway Company, Eastern Division; {Operation of road and rates of tariff.} but nothing herein shall authorize the said Eastern Division Company to operate the road or fix the rates of tariff for the Denver Pacific Railway and Telegraph Company.

SEC. 3. And be it further enacted, {Companies may mortgage their roads.}That said companies are hereby authorized to mortgage their respective portions of said road, as herein defined, for an amount not exceeding thirty-two thousand dollars per mile, to enable them respectively to borrow money to construct the same; {Land patents.} and that each of said companies shall receive patents to the alternate sections of land along their respective lines of road, as herein defined, in like manner and within the same limits as is provided by law in the case of lands granted to the Union Pacific Railway Company. Eastern Division: {No bond subsidy.}Provided, That neither of the companies hereinbefore mentioned shall be entitled to subsidy in United, States bonds, under the provisions of this act.

Approved March 3,1869.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

JOINT RESOLUTION MARCH 3, 1869.

CHANGE OF NAME.

[15 Statutes at Large, p. 348.]

JOINT RESOLUTION authorizing the Union Pacific Railway Company, Eastern Division, to change its name to the "Kansas Pacific Railway Company."

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, {Union Pacific Railway Co., Eastern Division, to change its name to Kansas Pacific Railway Co.}That the Union Pacific Railway Company, Eastern Division, is hereby authorized by resolution of its board of directors, which shall be filed in the office of the Secretary of the Interior, to change its name to the "Kansas Pacific Railway Company."

Approved March 3, 1869.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

JOINT RESOLUTION OF 1869.

[16 Statutes at Large, p. 56-7.]

{April 10, 1869.} JOINT RESOLUTION for the protection of the interests of the United States in the Union Pacific Railroad Company, the Central Pacific Railroad Company, and for other purposes.

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, {Stockholders of Union Pac. RR. Co. to elect a board of directors.}That the stockholders of the Union Pacific Railroad Company, at a meeting to be bold on the twenty-second day of April, eighteen hundred and sixty-nine, at the city of Boston, (with power to adjourn from day to day,) shall elect a board of directors for the ensuing year; {To establish their general office.} and said stockholders are hereby authorized to establish their general office at such place in the United States as they may select at said meeting: {No other right conferred or waived hereby.}Provided, That the passage of this resolution shall not confer any other right upon said Union Pacific Railroad Company than to hold such election, or to be held in any manner to relinquish or waive any rights of the United States to take advantage of any act or neglect of said Union Pacific Railroad Company heretofore done or omitted, whereby the rights of the general government have been or may be prejudiced: {Common terminus of the Union Pac. and Central Pacific railroads to be at or near Ogden, &c.}And provided further, That the common terminus of the Union Pacific and the Central Pacific railroads shall be at or near Ogden; and the Union Pacific Railroad Company shall build, and the Central Pacific Railroad Company pay for and own the railroad from the terminus aforesaid to Promontory Summit, at which point the rails shall meet and connect and form one continuous line.

SEC. 2. And be it further resolved, {The President to appoint a commission to examine and report upon the roads.} That, to ascertain the condition of the Union Pacific railroad and the Central Pacific railroad, the President of the United States is authorized to appoint a board of eminent citizens, not exceeding five in number, and who shall not be interested in either road, to examine and report upon the condition of, and what sum or sums, if any, will be required to complete each of said roads, for the entire length thereof, to the said terminus as a first-class railroad in compliance with the several acts relating to said roads; {Expenses and pay of commissioners.} and the expense of such board, including an allowance of ten dollars to each for their services for each day employed in such examination or report, to be paid equally by said companies.

SEC. 3. And be it further resolved, {Subsidy bonds to be withheld sufficient to secure the full completion as a first-class road, of all sections of such road, &c.}That the President is hereby authorized and required to withhold from each of said companies an amount of subsidy bonds authorized to be issued by the United States, under said acts sufficient to secure the full completion as a first-class road of all sections of such road upon which bonds have already been issued, or in lien of such bonds he may receive as such security an equal amount of the first-mortgage bonds of such company ; {If the amount to be issued is insufficient, &c.} and if it shall appear to the President that the amount of subsidy bond yet to be issued to either of said companies is insufficient to insure the full completion of such road, he may make requisition upon such company for a sufficient amount of bonds already issued to said company, or in his discretion of their first-mortgage bonds, to secure the full completion of the same. And in default of obtaining such security as [is] in this section provided, {Attorney-General to institute necessary suits.} the President may authorize and direct the Attorney-General to institute such suits and proceedings on behalf and in the name of the United States in any court of the United States having jurisdiction, as shall be necessary or proper to compel the giving of such security, and thereby, or in any manner otherwise, to protect the interests of the United States in said road and to insure the full completion thereof as a first-class road, as required by law and the statutes in that case made.

SEC. 4. And be it further resolved, {Attorney-General to investigate whether the charter of the Union Pacific and Central Pacific railroads have not been forfeited, &c.}That the Attorney-General of the United States be, and he is hereby, authorized and directed to investigate whether or not the charter and all the franchises of the Union Pacific Railroad Company and of the Central Pacific Railroad Company have not been forfeited, and to institute all necessary and proper legal proceedings; also to investigate whether or not said companies have or have not made any illegal dividends upon their stock, and if so, to institute the necessary proceedings to have the same reimbursed; and also to investigate whether any of the directors or any other agents or employees of said companies have or have not violated any penal law, {To institute criminal proceedings if, &c.} and if so, to institute the proper criminal proceedings against all persons who have violated such laws.

Approved April 10, 1869.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF 1870.

[16 Statutes at Large, p. 121-2.]

{May 6, 1870} AN ACT to fix the point of junction of the Union Pacific Railroad Company and the Central Pacific Railroad Company.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, {Point of junction of the Union Pacific R. R. Co. and the Central Pacific R. R. Co. established northwest of the station at Ogden, &c.} That the common terminus and point of junction of the Union Pacific Railroad Company and the Central Pacific Railroad Company shall be definitely fixed and established on the line of railroad as now located and constructed, northwest of the station at Ogden, and within the limits of the sections of land hereinafter mentioned, viz., section thirty-six of township seven, of range two, situate north and west of the principal meridian and base line in the Territory of Utah, and sections twenty-five, twenty-six and thirty-five of township seven, of range two, and section six of township six, and sections thirty and thirty-one of township seven, of range One, and sections one and two of township six, of range two, all situate north and west of said principal meridian and base line; {Grant of certain sections.} and said companies are hereby authorized to enter upon, use, and possess said sections, which are hereby granted to them in equal shares, with the same rights, privileges, and obligations now by law provided with reference to other lands granted to said railroads: Provided, however, That the Secretary of the Interior shall designate a section of land in said township seven, of range two, belonging to said companies, {Reserve for schools.} and reserve the same for the benefit of schools in said territory, in accordance with the act of February twenty-one, eighteen hundred and fifty-five, establishing the office of surveyor-general of Utah, and to grant land for school and university purposes: {Price of land.}Provided, also, That said companies shall pay for any additional lands acquired by this act, at the rate of two dollars and fifty cents an acre: {Private rights.} And provided further, That no rights of private persons shall be affected by this act.

Approved May 6, 1870.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF 1871.

[16 Statutes at Large, p. 515.]

{March 3, 1871.} AN ACT making appropriations for the support of the army for the year ending June thirty, eighteen hundred and seventy-two, and for other purposes.

SEC. 9. {Secretary of the Treasury to pay over to Pacific Railroad Companies one-half of compensation, &c.} That in accordance with the fifth section of the act {Pacific Railroad Act: 1862 , chap. 120 Vol. xii., p. 489.} approved July two, eighteen hundred and sixty-four, entitled "An act to amend an act entitled ‘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 purposes,’ approved July first, eighteen hundred and six-two," the Secretary of the Treasury is hereby directed to pay over in money to the Pacific Railroad Companies ment[i]oned in said act, {1864 , chap. 216, Vol. xiii., P. 356.} and performing services for the United States, one-half of the compensation at the rate provided by law for such services heretofore or hereafter rendered: {Legal rights of parties not otherwise affected.}Provided, That this section shall not be construed to affect the legal rights of the government in the obligations of the companies,except as herein specifically provided.

Approved March 3,1871.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF 1873.

[17 Statutes at Large, p. 508.]

{March 3, 1873.} AN ACT making appropriations for the legislative, executive, and judicial expenses of the government for the year ending June 30, 1874, and for other purposes.

SEC. 2. That the Secretary of the Treasury is directed {Secretary of the Treasury to withhold payments to certain railroad companies for freight, &c.} to withhold all payments to any railroad company and its assigns, on account of freights or transportation over their respective roads, of any kind, to the amount of payments made by the United States for interest upon bonds of the United States issued to any such company, and which shall not have been reimbursed, together with the five per cent. of net earnings due and unapplied, as provided by law; {Companies may bring suit in Court of Claims.} and any such company may bring suit in the Court of Claims to recover the price of such freight and transportation ; and in such suit the right of such company to recover the same upon the law and the facts of the case shall be determined, and also the rights of the United States, upon the merits of all the points presented by it in answer thereto by them, and either party to such suit may appeal to the Supreme Court; {Appeal to Supreme Court. Causes to have precedence.} and both said courts shall give such cause or causes precedence of all other business.

* * * * * * *

SEC. 4. {Attorney-General to bring suit against U. P. R. R.} That the Attorney-General shall cause a suit in equity to be instituted in the name of the United States against the Union Pacific Railroad Company and against all persons who may, in their own names, or through any agents, have subscribed for or have received capital stock in said road, which stock has not been paid for in full in money, or who may have received, as dividends, or otherwise, portions of the capital stock of said road, or the proceeds or avails thereof, or other property of said road, unlawfully and contrary to equity, or who may have received as profits or proceeds of contracts for construction or equipment of said road, or other contracts therewith, moneys or other property, which ought in equity to belong to said railroad corporation, or who may, under pretence of having complied with the acts to which this is an addition, have wrongfully and unlawfully received from the United States bonds, moneys, or lands, which ought, in equity, to be accounted for and paid to said railroad company or to the United States, and to compel payment for said stock and the collection and payment of such moneys, and the restoration of such property or its value, either to said railroad corporation or to the United States, whichever shall in equity be held entitled thereto. {Suit may be brought in any circuit.} Said suit may be brought in the circuit court in any circuit, and all said parties may be made defendants in one suit. Decrees may be entered and enforced against any one or more parties defendant without awaiting the final determination of the cause against other parties. The court where said cause is pending may make such orders and decrees and issue such process as it shall deem necessary to bring in new parties, or the representatives of parties deceased, or to carry into effect the purposes of this act. On filing the bill writs of subpoena may be issued by said court against any parties defendant, which writ shall run into any district, and shall be served, as other like process, by the marshal of such district. {Books to be subject to inspection.} The books, records, correspondence, and all other documents Of the Union Pacific Railroad Company, shall at all times be open to inspection by the Secretary of the Treasury, or such persons as he may designate for that purpose. {Bankrupt laws do not apply.} The laws of the United States providing for proceedings in bankruptcy shall not be held to apply to said corporation. No dividend shall hereafter be made by such company, but from the actual net-earnings thereof; {No new stock, &C.} and no new stock shall be issued, or mortgages or pledges made on the property or future earnings of the company without leave of Congress, except for the purpose of funding and securing debt now existing, or the renewals thereof. {No director or officer to be interested in any contract.} No director or officer of said road shall hereafter be interested, directly or indirectly, in any contract therewith, except for his lawful compensation as such officer. Any director or officer who shall pay or declare, or aid in paving or declaring, any dividend, or creating any mortgage or pledge prohibited by this act, {Penalty.} shall be punished by imprisonment not exceeding two years, and by fine not exceeding five thousand dollars. The proper circuit court of the United States shall have jurisdiction to bear {Mandamus.} and determine all cases of mandamus to compel said Union Pacific Railroad Company to operate its road as required by law.

Approved March 3, 1873.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF 1874.

[18 Statutes at Large, p. 111-12.]

{June 20, 1874. 1864 , ch. 216, vol. xiii., p. 362.} AN ACT making additions to the fifteenth section of the act approved July 2, 1864 , entitled "An act to amend an act entitled ‘An act to aid in the construction of a railroad and telegrapb line from the Missouri river to the Pacific ocean, {Pacific Railroad Act: 1862 , ch. 120, vol. xii., p. 489.} and to secure to the government the use of the same for postal, military, and other purposes,’ approved July 1, 1862."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, {Amendment to section 15, act July 2, 1864 , ch. 216, vol. xiii., P. 362.}That there shall be, and is hereby, added to the fifteenth section of the act approved July second, eighteen hundred and sixty-four, entitled "An act to amend an act entitled ‘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 purposes,’ approved July first, eighteen hundred and sixty-two," the follow ing words, namely: "And any officer or agent of the companies authorized to construct the aforesaid roads, or of any company engaged in operating either of said roads, {Refusal to operate and use Pacific Railroads as continuous lines, &c. Penalty.} who shall refuse to operate and use the road and telegraph under his control, in which he is engaged in operating for all purposes of communication, travel, and transportation, so far as the public and the govern ment are concerned, as one continuous line, or shall refuse, in such operation and use, to afford and secure to each of said roads equal advantages and facilities as to rates, time, or transportation, without any discrimination of any kind in favor of, or adverse to, the road or business of any or either of said companies, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding one thousand dollars, and may be imprisoned not less than six months. {In case of a failure, &c., of Union Pacific Railroad Company, or branches, to comply, &c., parties aggrieved may bring suit for damages.} In case of failure or refusal of the Union Pacific Railroad Company, or either of said branches, to comply with the requirements of this act and the acts to which this act is amendatory, the party injured, or the company aggrieved may bring an action in the district or circuit court of the United States in the territory, district, or circuit in which any portion of the road of the defendant may be situated, for damages on account of such failure or refusal; {Treble damages, &c., may be recovered.} and, upon recovery, the plaintiff shall be entitled to judgment for treble the amount of all excess of freight and fares collected by the defendant, and for treble the amount of damages sustained by the plaintiff by such failure or refusal; and for each and every violation of or failure to comply with the requirements of this act, a new cause of action shall arise; and in case of suit in any such territory, district, or circuit, {Service of process.} process may be served upon any agent of the defendant found in the territory, district, or circuit in which said suit may be brought, and such service shall be by the court held to be good and sufficient; and it is hereby provided that for all the purposes of said act, and of the acts amendatory thereof, {Denver Pacific railway to be deemed extension of Kansas Pacific. 1869 , ch. 127, vol. xv., p. 324.} the railway of the Denver Pacific Railway and Telegraph Company shall be deemed and taken to be a part and extension of the road of the Kansas Pacific railroad, to the point of junction thereof with the road of the Union Pacific Railroad Company at Cheyenne, as provided in the act of March third, eighteen hundred and sixty-nine.

Approved June 20, 1874.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

ACT OF 1874.

[18 U. S. Statutes at Large, p. 200.]

{June 22, 1874.} AN ACT providing for the collection of moneys due the United States from the Pacific railroad companies.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, {Secretary of Treasury to require payment of five per centum net earnings from Pacific railroad companies.} {Pacific Railroad Act: 1862 , ch. 120, vol. xii, pp. 489- 498.} {1864 , ch. 216, vol. xiii., pp. 356-365.} {1873 , ch. 226, §§ 2, 4, vol xvii., pp. 508-509.}That the Secretary of the Treasury be, and hereby is, directed to require payment of the railroad companies, their successors and assigns, or the successors or assigns of any or either of said companies, all sums of money due or to become due the United States for the five per centum of the net earnings provided for by the act entitled "An act to aid in the construction of a rail road 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 purposes," approved July first, eighteen hundred and sixty-two, or by any other act or acts in relation to the companies therein named, or any other such company or companies; and in case either of said railroad companies {Failure to pay within sixty days after demanded to be certified to Attorney-General.} shall neglect or refuse to pay the same within sixty days after demand therefor made upon the treasurer of such railroad company, the Secretary of the Treasury. shall certify that fact to {Attorney-General to institute suits and proceedings.} the Attorney-General, who shall thereupon institute the necessary suits and proceedings to collect and otherwise obtain redress in respect of the same in the proper circuit courts of the United States, {To prosecute with despatch.} and prosecute the same, with all convenient despatch, to a final determination.

Approved June 22, 1874.


[Pacific Railroad Act: 1862 , 1863 , 1864 , 1865 , 1866 , 1868 , 1869 , 1870 , 1871 , 1873 , 1874 .]

NOTE:  {Margin notes} in the original appear within the text above in blue boldface type enclosed in {braces}.

Also see, Transcontinental railroad legislation, 1835-1862 by Thamar E. Dufwa, Stuart Bruchey.

Courtesy CPRR.org Collection.


Also see HR 2246, 2007.


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