LC- «f ,
' I?
ACTS OF CONGRESS
0t\
f
RELATING TO THE
UNION PACIFIC RAILROAD
AND BRANCHES.
*
COMPILED DECEMBER, Z*77.
--•» ♦ -
WASHINGTON:
JOSEPH L. PEARSON, PRINTER,
Corner 9th and D streets.
1877.
IILTIDIEX.
Page.
Act of July 1, 1862, Charter Union Pacific, &c * 1
July 12, 1862, Meeting of Commissioners 15
March 3, 1863, Gauge fixed 4 feet 81 inches - 16
July 2, 1864, Amendments to Charter, &c 16
" March 3, 1865, Company Bonds, in advance, &c 31
June 15, 1866, Steam Railroads made Post Routes, &c 32
" May 7,1866, Extending Time Completion Union Pacific, E. D 33
July 3, 1866, Union Pacific, E. D., to file map, and Union Pacific R. R.
Company may Construct from Omaha 33
July 25. 1866, California and Oregon Roads to Prorate . 34
July 26, 1866, Right of Way Through Military Reservations... 35
March 6, 1868, Restoring Lands to Market 36
June 25, 1868, Reports to be filed with Secretary Interior 36
" March 3, 1869, Denver Pacific Railway Part of Kansas Line..... 38
" March 3, 1869, Name Changed to Kansas Pacific 39
April 10, 1869, Protection of Interests of United States, &c 39
May 6, 1870, Point of Junction Union Pacific and Central Pacific........ -41
" March 3, 1871, One-half Compensation to be Paid — 42
March 3, 1873, Payments Withheld—Court of Claims—Suits, &c 43
" June 20,1874, Additions to 15th Section, Act 1864 , 45
" June 22, 1874, Attorney-General to bring suit for 5 per cent..... 46
I
)
PACIFIC RAILROAD ACTS.
ACT OF JULY 1, 1862.
[12 Statutes at Large, 489.]
An Act to aid in the construction of a railroad and tel¬
egraph 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, Benja¬
min H. Cheever, Charles Fosdick Fletcher, of Rhode Is¬
land ; Augustus Brewster, Henry P. ITaven, Cornelius S.
Bushnell, Henry Hammond, of Connecticut; Isaac Sher¬
man, Dean Richmond, Royal Phelps, William II. Ferry,
Henry A. Paddock, Lewis J. Stancliff, Charles A. Secor,
Samuel R. Campbell, Alfred E. Til ton, John Anderson,
Azariah Boody, John S. Kennedy, IT. Carver, Joseph
Field, Benjamin F. Camp, Orville W. Childs, Alexander
J. Bergen, Ben. IPolliday, D. M. Barney, S. De Witt
Bloodgood, William H. Grant, Thos. W. Olcott, Samuel
B. Ruggles, James B. Wilson, of Hew York; Ephraim
Marsh, Charles M. Harker, of Hew Jersey; John Ed¬
gar Thompson, Benjamin Haywood, Joseph H. Scran-
ton, Joseph Harrison, George W. Cass, John H. Bryant,
Daniel J. Morell, Thomas M. Howe, William F. Johnson,
Robert Finney, John A. Green, E. R. Myre, Charles F.
W ells, jr., of Pennsylvania; Hoah L. Wilson, Amos Stone,
William 11. Clement, S. S. L'Hommedieu, John Brough,
William Dennison, Jacob Blickinsderfer, of Ohio ; Wil¬
liam M. McPherson, R. W. Wells^Willard P. Hall, Arm¬
strong Beatty, John Corby, of Missouri; S. J. Hensley,
Peter Donahue, C. P. Huntingdon, T. D. Judah, James
Bailey, James T. Ryan, Charles Ilosmer, Charles Marsh,
I). 0. Mills, Samuel Bell, Louis McLane, George W.
Mowe, Charles McLaughlin, Timothy Dame, John R.
Robinson, of California; John Atchison and John D.
Winters, ot the Territory of Hevada; John D. Camp¬
bell, R. H. Rice, Charles A. Trowbridge, Ransom
Gardner, Charles W. Penny, Charles T. Gorham, Wil¬
liam McConnell, of Michigan; William F. Coolbaugh,
2
PACIFIC RAILROAD ACTS.
Lucius H. Langworthy, Hugh T. Held, Hoyt Sherman,
Lyman Cook, Samuel R. Curtis, Lewis A. Thomas,-Piatt
Smith, of Iowa; William B. Ogden, Charles G. Ham¬
mond, Henry Farnum, Amos C. Babcock, W. Seldon
Gale, Nehemiali Bushnell, and Lorenzo Bull, of Illinois;
William II. Swiftv Samuel T. Dana, John Bertram,
Franklin S. Stevens, Edward R. Tinker, of Massachu¬
setts; Franklin Gorin, Lahan J. Bradford, and John T.
Levis, of Kentucky; James Dunning, John M.Wood,
Edwin Noyes, Joseph Eaton, of Maine; Henry IT. Bax¬
ter, George W. Collamer, Henry Keyes, Thomas H.
Cantield, of Vermont; William S. Ladd, A. M. Berry,
Benjamin F. Harding, of Oregon ; William Bunn, ju¬
nior, John Catlin, Levi Sterling, John Thompson, Elihu
L. Phillips, Walter D. Mclndoe, T. B. Stoddard, E. TI.
Broadhead, A. IT. Virgin, of Wisconsin ; Charles Paine,
Thomas A. Morris, David E. Brand ham, Samuel ITanna,
Jonas Votaw, Jesse L. Williams, Isaac C. Elston, of In¬
diana; Thomas Swan, Chauncey Brooks, Edward Wil-
kins, 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 Hew 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 IT. Taylor, Alvin Saunders, of Ne¬
braska; and John Evans, of Colorado; together with five
commissioners to he 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
erected into a body corporate and politic in deed and in
Name and title ^aw> by name> style? aRd title of " The Union Pacific
Railroad Company;" and bv that name shall have perpet-
■ May gue and ual succession, and shall be able to sue and to be sued, plead
be sued in aii anq pe impleaded, defend and be defended, in all courts
of law and equity within the United States, and may
make and have a conunon seal; and the said corpora¬
tion is hereby authorized and empowered to lay out, locate,
construct, furnish, maintain, and enjoy a continuous rail¬
road and telegraph, with the appurtenances, from a point
initial point. Qn one_hhndredth meridian of longitude west from
Greenwich, between the south margin of the valley of
the Republican river and the north margin of the val¬
ley 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
PACIFIC RAILROAD ACTS.
3
necessary to carry into effect the purposes of this act •
as herein set forth. The capital stock of said com- capital stock,
pany shall consist of one hundred thousand shares of one Amount and
thousand dollars each, which shall be subscribed for and
shares of stock
held in not more than two hundred shares by any one sec'x'
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 Board of Commissioners of the Union Pacific commission-
Railroad and Telegraph Company, and twenty-five shall erst0 orgamze-
constitute a quorum for the transaction of business. The Quorum-
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 nrfr less than
one month after the passage of this act, notice of which
shall be given by them to the other commissioners by
depositing a call thereof in the post-office at Chicago,
post-paid, to their address, at least forty days before said
meeting, and also by publishing said notice in one daily
newspaper in each of the cities of Chicago and St. Louis.
Said board shall organize bv the choice from its number
O u
of a president, secretary, and treasurer, and they shall
require from said treasurer such bonds as maybe deemed giv<Pbon<T&c!°
proper, and may from time to time increase the amount
thereof as they may deem proper. It shall be the duty
of said Board of Commissioners to open books, or cause
books to be opened, at such times and in such prin- kept open.0 be
cipal cities in the United States as they or a quorum of
them shall determine, to receive subscriptions to the cap¬
ital stock of said corporation, and a cash payment of ten
per centum 011 all subscriptions, and to receipt therefor.
So soon as two thousand shares shall be in good faith
subscribed for, and ten dollars per share actually paid
into the treasury of the company, the said president
and secretary of said Board of Commissioners shall
appoint a time and place for the first meeting of the
subscribers to the stock of said company, and shall First meeting
* 1* 11 i , 1 • v °f stockhold-
give notice tnereoi 111 at least one newspaper in each ers.
state in which subscription-books have been opened, at
least thirty days previous to the day of meeting, and
such subscribers as shall attend the meeting so called,
either in person or by proxy, shall then and there elect
by ballot not less than thirteen directors for said corpo- to elect di¬
lution ; and in such election each share of said capital sectoi3 actSof
shall entitle the owner thereof to one vote. The presi- 186*-
dent and secretary of the Board of Commissioners shall
4
PACIFIC RAILROAD ACTS.
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 sec-
property to&be re^aiT shall then deliver over to said directors all the
delivered to di- properties, subscription-books, and other books in their
possession, and thereupon the duties of said commission¬
ers and the officers previously appointed by them shall
cease and determine forever, and thereafter the stock¬
holders shall constitute said body politic and corporate.
At the time of the first and each triennial election of di-
toTje'appointed recf°rs by the stockholders, two additional directors shall
ny fthfethPTTS<j~ appointed by the President of the United States, who
0 shall act with the body of directors, and to be denomi¬
nated directors on the part of the government; any va-
ai te r e(f 105^ Sec! cancy happening in the government directors at anytime
13,1864. may pe fiy 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 shall, as soon as may be. after
setriei8d64d by their election, 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 com¬
pany unless he shall be a bona fide owner of at least five
shares of stock in the said company, except the two direc¬
tors to be appointed by the President as aforesaid. Said
company, at any regular meeting of the stockholders called
make1 bjMaws!° for that purpose, shall have power to make by-laws, rules,
and regulations as they shall deem needful and proper,
touching the disposition of the stock, property, estate, and
effects of the company, not inconsistent herewith, the
transfer of shares, the term of office, duties and conduct
of their officers and servants, and all matters whatsoever
Directors to rnaJ appertain to the concerns of said company;
appoint agents, and the said board of directors shall have power to ap¬
point 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.
requri?et0r9pay0- Said directors may require payment of subscriptions to
ment of sub- tfie capital stock after due notice, at such times and
scriptions. Sec. . 1 . '
2, act of 1864. id such proportions as they shall deem necessary to com¬
plete the railroad and telegraph within the time in this
• act prescribed. Said president, vice-president, and di-
hSftfor3 three rect°rs shall hold their office for three years, and until
years, altered their successors are duly elected and qualified, or for such
by sec. 13,1864. jegg time ag tfie fiy_[aws 0f the corporation may prescribe ;
and a majority of said directors shall constitute a quorum
for the transaction of business. The secretary and treas-
pacific railroad acts.
5
urer shall give such bonds, with such security, as the said *
board shall from time to time require, and shall hold
their offices at the will and pleasure of the directors.
Annual meetings of the stockholders of the said corpora¬
tion, for the choice of officers (when they are to be chosen)
and for the transaction of annual business, shall be hoi den
at such time and place and upon sunh notice as may he
prescribed in the by-laws.
Sec. 2. And be it farther enacted, That the right of Right of way
way through the public lands be, and the same is hereby, gianted-
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, earth,
stone, timber, and other materials for the construction lgg£e Sec- 3<
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, 0
including all necessary grounds for stations, buildings,
workshops and depots, machine shops, switches, side
tracks, turn-tables, and water stations. The United
States shall extinguish as rapidly as may be, the Indian u. s. to ex-
titles to all lands falling under the operation of this act, titils.lshsecdli^
and required for the said right of way and grants here- 1864-
inafter made.
Sec. 3. And be it farther enacted, That there be, and
is hereby, granted to the said company, for the purpose Land grants,
of aiding in the construction of said railroad and tele- tionsnate 860
graph line, and to secure the safe and speedy transpor¬
tation of the mails, troops, munitions of war, and public
stores thereon, every alternate section of public land,
designated by odd numbers, to the amouut of five alter- tenh£yS|eC 4°
nate sections per mile on each side of said railroad, on i864, and grant
the line thereof, and within the limits of ten miles on totwent^miles-
each side of said road, not sold, reserved, or otherwise
disposed of by the United States, and to which a pre¬
emption or homestead claim may not have attached, at
the time the line of said road is definitely fixed : Pro¬
vided, That all mineral lands shall be excepted from the Minerals and
operation of this act; but where the same shall contain i864bers' Sec'4,
timber, the timber thereon is hereby granted to said
company. And all such lands so granted by this sec¬
tion 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.
6
PACIFIC RAILROAD ACTS.
Sec. 4. And be it farther enacted, That whenever said
tion of 40 miles
(changed to company shall have completed forty consecutive miles
twenty by Sec. ^ , !. , , J. , .. .
e, 1804) u. s. ot any portion ot said railroad or telegraph line ready
amine? to ex~ for the service contemplated by this act, and supplied
with all necessary drains, culverts, viaducts, crossings,
sidings, bridges, turnouts, watering places, depots, equip¬
ments, furniture,, and- all other appurtenances of a first-
class railroad—the rails and all the other iron used in the
construction and equipment of said road to he American
manufacture of the best quality,—the President of the
United States shall appoint three commissioners to ex¬
amine the same aud 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 ef¬
fect, patents shall issue conveying the right and title to
And patents said lands to said company, on each side of the road, as
of landTO issue, n • i j.ij.j_i j n • i
tar as the same is completed, to the amount aioresaid;
and patents shall in like manner issue as each forty
miles of said railroad and telegraph line are completed,
upon certificate of said commissioners. Any vacancies
Vacancy in • • • i i i n * i ' i -i
Com'rs. See occurring in said board ot commissioners by death, res¬
ist. 8' act °f ignation, 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.
Government Sec. 5. And be it farther enacted, That for the purposes
8,°acdt9'i8G4?afso herein mentioned, the Secretary of the Treasury shall,
seo.i(). upon the certificate in writing of said commissioners of
Now 20 miles ^he completion and equipment of forty consecutive miles
sec. io, i8G4. " of said railroad and telegraph, in accordance with the pro¬
visions of this act, issue to said company bonds of the Uni¬
ted States of one thousand dollars each, payable in thirty
years after date, bearing six per centum per annum inter-
see sec ii of es* (said interest payable semi-annually), which interest
this act for $32,- maybe paid in United States treasury notes or any other
p°e°r mile$48'°00 money or currency which the United States have or shall
declare lawful money and a legal-tender, to the amount
of sixteen of said bonds per mile for such section of forty
miles; and to secure the repayment to the United States,
as hereinafter provided, of the amount of said bonds so
pacific railroad acts.
7
issued and delivered to said company, tog-ether with all
interest thereon which shall have been paid by the United bo^gn ofn^dse-
States, the issue of said bonds and delivery to the com- subordinate,
pany shall ipso facto constitute a first mortgage on the ofise!.0' 10'act
whole line of the railroad and telegraph, together with
the rolling-stock, fixtures, and property of every kind and
description, and in consideration of ^hich 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, the said see sec. 10,
road, with all the rights, functions, immunities, and ap- act 1864-
purtenances 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 owner¬
ship of the said company, may be taken possession of by
the Secretary of the Treasury for the use and benefit of
the United States: Provided, This section shall not apply Modified. see
to that part of any road now constructed. sec. 5/ act of
Sec. 6. And be it farther enacted, That the grants afore¬
said are made upon condition that said company shall
pay said bonds at maturity, and shall keep said railroad Bonds, when
and telegraph line in repair and use, and shall at all and how paid*
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 coihpensation,
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 aad interest until the whole
amount is fully paid. Said company may also pay the Government
United States, wholly or in part, in the same or other SfXhepaid
bonds, treasury notes, or other evidences of debt against in eash- Se®.
the United States, to be allowed at par; and after said isci 5' ac °
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 farther enacted, That said companv
shall file their assent to this act, under the seal of said
company, in the Department of the Interior, within one Assentof com- <
year after the passage of this act, and shall complete said pany to be filed,
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
8
pacific railroad acts.
eight hundred, and seventy-four: Provided, That within
piet\oii extend- ^w0 years after the passage of this act said company
6di;8cle sectlon shall designate the general route of said road, as near
'See section 4 aS niay ke> anc^ shall file a map of the same in the De-
act of iS(?4.1 Mfip' partment of the Interior, whereupon the Secretary of
route'tohe fiVecL ^ie Interior shall cause the lands within fifteen miles of
said designated £oute or routes to he withdrawn from
pre-emption, private entry, and sale ; and when any por¬
tion 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
natedd&cdesi§" necessary for the purposes herein named: 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.
From 100th ^EC' ft further enacted, That the line of said
meridian to Ne- railroad and telegraph shall commence at a point on the
vada. one hundredth meridian of longitude west from Green-
wich, between the south margin of the valley of the Re¬
publican 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 ac¬
tual surveys ; thence running westerly upon the most di¬
rect, central, and practicable route, through the terri-
see sqc. io of tories of the United States, to the western boundary of
this act, the Territory of Nevada, there to meet and connect with
the line of the Central Pacific Railroad Company of
California.
Kansas Co. to Sec. 9. And be it farther enacted, That the Leaven-
construct road, wort}^ Pawnee and Western Railroad Company of Kan¬
sas are hereby authoTized to construct a railroad and
telegraph line from the Missouri river, at the mouth of
the Kansas river, on the aouth side thereof, so as to con¬
nect with the Pacific Railroad of Missouri, to the afore¬
said 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 longi¬
tude aforesaid, the location of said Kansas road shall be
made so as to conform thereto; and said railroad through
Kansas shall he so located between the mouth of the Kan-
pacific railroad acts.
9
sas 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 Kan¬
sas 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 Ter¬
ritory of Nebraska. The Central Pacific Railroad Com- „ , , _ .
t/ (leutrjil poni.
pany of California, a corporation existing under the laws fie r. r. Co. of
of the State of California, are hereby authorized to con- thonS1 to Con¬
struct a railroad and1 telegraph line from the Pacific gametermsand
coast, at or near San Francisco, or the navigable waters conditions,
of the Sacramento river, to the eastern boundary of Cal¬
ifornia, upon the same terms and conditions, in all re¬
spects, as are contained in this act for the construction of
said railroad and telegraph line first-mentionedf 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 farther enacted, That the said com- Tjme
pany chartered by the State of Kansas shall complete ing work.
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 there¬
after until the whole is completed ; and the said Central
Pacific Railroad Company of California shall complete changed t0
fifty miles of their said road within two years after filing 25 miles- See
• • • s6c £> ftct 1864
their assent to the provisions of this act, as herein pro-
vided, and fifty miles per year thereafter until the whole
is completed; and after completing their roads, respec¬
tively, said companies, or either of them, may unite upon Companies
equal terms with the first-named company in construct- may unite in
ing so much of said railroad and telegraph line and equal'dterms.°n
branch railroads and telegraph lines in this act herein- aiso^ecnetifoi
alter mentioned, through the territories, from the State this act,
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
10
pacific railroad acts.
Railroad Company. And the Hannibal and Saint Jo¬
seph 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 com¬
pany, 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 construct¬
ing the same through California, with the consent of
said state, upon the terms mentioned in this act, until
said roads shall meet and connect, and the whole line of
said railroad and telegraph is completed; and the Cen¬
tral Pacific Railroad Company of California, after com¬
pleting its road across said state, is authorized to con-
Central Paci- tinue the construction of said railroad and telegraph
continue,' through the territories of the United States to the Mis-
road!eet °ther souri river, including the branch roads specified in this
act, upon the routes hereinbefore and hereinafter indi-
Authorityeon- cated, An the terms and conditions provided in this act
lG^aot' of^S'm relation to the said Union Pacific Railroad Company,
seSc.C2laiU8G6 A1'° until said roads shall meet and connect, and the whole
line of said railroad and branches and telegraph is com¬
pleted.
Q . ., , , Sec. 11. And be it further enacted, That for three hun-
Subsidy bonds . . J 9
treble over the dred miles ot said road, most mountainous and difficult
sierm Nevada of construction, to wit, one hundred and fifty7 miles west-
mountams. ward I v from the eastern base of the Rockv mountains,
and one hundred and fifty miles eastwardly from the
the western base of the Sierra Kevada 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 provi¬
ded, 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 commis¬
sioners as aforesaid that twenty consecutive miles of the
same are completed; and between the sections last
Subsidy bonds named of one hundred and fifty miles each, the bonds
the mountains. to be issued to aid in the construction thereof shall be
double the number per mile first mentioned, and the
same shall be issued, and the lands herein granted be set
apart, upon the construction of every twenty miles thereof,
upon the certificate of the commissioners as aforesaid
that twenty consecutive miles of the same are completed:
PACIFIC RAILROAD ACTS.
11
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 farther enacted, That whenever the Location at
route of said railroad shall cross the boundary of any loo^eridfan^
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. The track upon the
entire line of railroad and branches shall be of uniform o^Siform
width, to be determined by the President of the United width>&c-
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; the whole line of
said railroad and branches and telegraph shall be opera¬
ted and used for all purposes of communication, travel, m ,
, 1 f-, , ... , 7 7 To be used as
and transportation, so tar as the public and govern- continuous
ment are concerned, as one connected continuous line; lme'&c-
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 con¬
structing and furnishing said first-mentioned line be¬
tween 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 com¬
pany, at cost, over that portion of the roads of said
companies constructed under the provisions of this act.
Sec. 13. And be it farther enacted, That the Hannibal
• » • • H and St J
and Saint Joseph Railroad Company of Missouri may road may be ex-
extend its road from Saint Joseph, via Atchison, t0tended<&c-
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 hun¬
dred 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 pur¬
pose 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 mo3t direct and practicable route
12
pacific railroad acts.
west from St. Joseph, Missouri, so as to connect and
unite with the road leading from the western boundary
of Iowa at an}7 point east of the one-hundredth meridian
of west longitude, or with the main trunk road at said
point; but in 110 event shall lands or bonds he given to
said company, as herein directed, to aid in the construct¬
ion of their said road for a greater distance than one
hundred miles. And the Leavenworth, Pawnee and West¬
ern Railroad Company of Kansas may construct their
road from Leavenworth to unite with the road through
Kansas.
Sec. 14. And be it farther enacted, that the said Union
fro°m asfoux Pacific Railroad Company is hereby authorized and re-
Clty- quired to construct a single line of railroad and telegraph
from a point on the 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 011 the one-hun¬
dredth 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 re¬
spects, 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 con¬
ferred upon said company by this act. And whenever
there shall be a line of railroad completed through Minne¬
sota or Iowa to Sioux Citv, then the said Pacific Rail-
o '
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,
Co"1 required to so as comiecl with, the branch railroad and telegraph
constructsioux in this section hereinbefore mentioned, or with the said
sect aCdactbof Union Pacific railroad, said point of junction to be fixed
is64. }3y 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
pacific railroad acts.
13
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 com¬
pany shall sutler the same forfeitures prescribed in rela¬
tion to the Iowa branch railroad and telegraph hereinbe¬
fore mentioned.
Sec-. 15. And be it farther enacted, That any other rail¬
road company now incorporated, or hereafter to he in¬
corporated, 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.
Wherever the word company is used in this act, it shall Word compa.
be construed to embrace the words their associates, sue- ™es explained,
cessors, and assigns, the same as if the words had been
properly added thereto.
Sec. 16. And be it farther enacted, That at any time companies au-
after the passage of this act all of the railroad companies thonzed to con-
• 9 t solidate Sgo
named herein, and assenting hereto, or any twTo or more sec. ie/act of
of them, are authorized to form themselves into one see!;ioalof this
consolidated company; notice of such consolidation, in aet-
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 farther enacted, That in case said Congress may
company or companies shall fail to comply with the ^[UietSn eCof
terms and conditions of this act, by not completing said ro?dP e lon °
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 re¬
main unfinished or out of repair and unfit for use, Con¬
gress 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 tel¬
egraph 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 Sacra¬
mento river in California, by the first day of July,
eighteen hundred and seventy-six, the whole of all of said beM|^s^fde U
railroads before mentioned, and to be constructed under i876. see sees,
the provisions of this act, together with all their furni- isgU1 7' act °f
ture, fixtures, rolling-stock, machine shops, lands, tene-
14
pacific railroad acts.
merits, hereditaments, and property of every kind and
character, shall he 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, there shall be re¬
served of each part and installment twenty-five per cent-
•<e(T7°act°18046 um> be and remain in the United States treasury, un¬
delivered, until said road and all parts thereof providecf
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,
under certain Sec. 18. And be it further enacted, That whenever it
Congress^nfay aPPears that the net earnings of the entire road and tele-
j^duee rates °f graph, including the amount allowed for services ren¬
dered for the United States, after deducting all expendi¬
tures—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 ac¬
complish 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 ben¬
efits of the same for postal, military, and other purposes,
Congress may at auv 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 farther enacted, That the several
railroad companies herein named are authorized to enter
into an arrangement with the Pacific Telegraph Com¬
pany, the Overland Telegraph Company, and the Cali¬
fornia State Telegraph Company, so that the present line
of telegraph between the Missouri river and San Fran¬
cisco may be moved upon or along the line of said rail¬
road and branches as fast as said roads and branches are
pacific RAILROAD acts.
15
built; and if said arrangement be entered into, and tbe
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 corpora¬
tion hereby created and the roads connected therewith,
under the provisions of this act, shall make to the Secre¬
tary of the Treasury an annual report, wherein shall be
set forth:
First. The names of the stockholders and their places mak™aPnannuai
of residence, so far as the same can be ascertained. report.
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 com¬
pany, setting forth the various kinds thereof; which re¬
port shall be sworn to by the president of the said com¬
pany, and shalf be presented to the Secretary of the
Treasury on or before the first day of July in each year.
Approved July 1, 1862.
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, mili¬
tary, 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,,
16
PACIFIC RAILROAD ACTS.
ofcommission^ That the first meeting of the commissioners named in
raTiroHia^fdteL ac^ erJitled "An act to aid in the construction of a
pgraph to be railroad and telegraph line from the Missouri river to
held m Chicago ppe pacjfic 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 he
appointed by the Secretary of the Interior, shall be held
at Bryan Hall, in the city of Chicago, in the State of Illi¬
nois, on the first Tuesday of September next, at twelve
Notice. o'clock, at noon. A notice of said meeting, to be signecl
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 Julv,
Co *j *
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.
ACT OF MARCH 3, 1863—FIXIYG 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.
Co
Approved March 3, 1863.
ACT OF JULY 2, 1864.
[13 Statutes at Large, 356.]
An Act to amend an act entitled 44 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, mili¬
tary, and other purposes," approved July first, eight¬
een hundred and sixty-two.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
PACIFIC RAILROAD ACTS.
17
That the capital stock of the company entitled the Union i^aJilofsioo
Pacific Railroad Company, authorized by the act of which eaehmstead of
this act is amendatory, shall be in shares of one hundred
dollars, instead of one thousand dollars, each; that the N f h
number of shares shall be one million, instead of one one million in-
hundred thousand; and that the number of shares which stead ot 100'00(}-
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 sub- Restrietionag
scribed, shall be entitled to a certificate for ten shares of to amount held
one hundred dollars each ; and that the following words rePe°aIiedpels°a
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 farther enacted, That the Union Pa- How books for
cific Railroad Company shall cause books to be kept open tionkarebtoribPe
to receive subscriptions to the capital stock of said opened,
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 bv the President of the United States, and in
i • Manner of
such other localities as may be directed by him. No subscribing,
subscription for said stock shall be deemed valid unless
the subscriber therefor shall, at the time of subscribing,
pay 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
The said company shall make assessments upon its stock- oncapital.stock*
holders of not less than five dollars per share, and at in- Howpald-
tervals of not exceeding six months from and after the
passage of this act, until the par value of all shares sub¬
scribed shall be fully paid; and money only shall be re¬
ceivable for any such assessments, or as equivalents for
any portion of the capital stock hereinbefore authorized, capital stock
The capital stock of said company shall not be increased lim,ite(b p ac:
i i .. . \ r> tual cost of road
beyond the actual cost of said road. And the stock of
the company shall be deemed personal properly, and Trausfer f
shall be transferable on the books of the company, at the stoek?nb er
general office of said company in the city of New York,
or at such other transfer office as the company may es¬
tablish.
Sec. 3. And be it further enacted, That the Union Pa¬
cific Railroad Company, and all other companies pro¬
vided for in this act and the act to which this is an
2
18
PACIFIC RAILROAD ACTS.
amendment, be, and hereby are, empowered to enter
taSng^o^prf- upon, purchase, take, and liold any lands or premises
forrigWoTway 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 he required for the purpose of excavation
or embankment; and also any 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 dis¬
interested commissioners, who may be appointed upon
application by any party to any judge of a court of re¬
cord in any of the territories in which the lands or pre¬
mises 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 tjiereof
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
Proceedings aforesaid. And either party feeling aggrieved by said
right of way, &c° 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 inter¬
fere 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. And in case
any of the lands to be taken as aforesaid shall be held
by any person residing without the territory or subject
fir
pacific railroad acts.
19
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 had in
reference to the appraisement of the premises to he taken
and with the same effect as have been already described.
And the title of the company to the land taken by vir¬
tue 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 pro¬
ceedings in manner described for the purpose of ascer¬
taining the value of and acquiring a title to the same;
and the court may determine the kind of notice to be
served on such owuier of owners, and mav in its discre-
' <u
tion appoint an agent or guardian to represent such owner
• or owners in case of his or their incapacity or non-ap¬
pearance. 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 damages against said com¬
pany shall be barred. It shall be competent for the legal
guardian of any infant or any other person under guar¬
dianship 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, That section three of Increases the
said act be hereby amended by striking out the word iSSent tse1c°-
" five," where the same occurs in said section, and by
inserting in lieu thereof the word " ten and by strik- and the limit to
■ _ , j i , ,, i ,, . . , 20miles on each
mg out the word " ten, where the same occurs .in said side of the road,
section, and inserting in lieu thereof the word " twenty."
And section seven of said act is hereby amended by
,^ 9 . v %j seerptnjfv
striking out the word " fifteen," where the same occurs the interior to
in said section, and inserting in lieu thereof the word wlthfn 25 miles
"twenty-five." And the term "mineral lands," where- ofroute*
ever the same occurs in this act, and the act to which er^e^" jss min"
this is an amendment, shall not be construed to include eral an s*
coal and iron land. And any lands granted by this act,
20
pacific railroad acts.
subject^ to^pre- the act to which this is an amendment, shall not de-
bntPoniy ^ca^ 0l> imPah' any pre-emption, homestead, swamp-land,
extent 'of i<io or otlior lawful claim, nor include any government reser-
settier. ° '<lc vation or mineral lands, or the improvements of any
bona fide, settler on any lands returned and denominated
as mineral lands, and the timber necessary to support
his said improvements as 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-emp¬
tion 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 regula-
Proviso as to tions : Provided, also, That the phrase " but where the
timber
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 timber growing or being on
anv 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 "An
tcuancisCk>cated act donating lands to the several states and territories
benefit &of coi- which may provide colleges for the benefit of agricul-
tufe8'andriLtbe ^Iire an(^ the mcc^an^c arts," approved July second,
arts.' ♦ J eighteen hundred and sixty-two, and notice thereof given
at the proper land office.
Time extend- Sec. 5. And be it farther enacted, That the time for
eresTg rfati n°g designating the general route of said railroad, and of
maptandfilcom?- hhng the map of the same, and the time for the comple-
pieting road, tion 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 anc] tha{- the Central Pacific Railroad Company of Cali-
to complete , 1 e
only 25 miles forma shad be required to complete twenty-five miles 01
their said road in each year thereafter, and the whole to
the state line within four years, and that only one-half
of°government of the compensation for services rendered for the govern-
appiiedStotothe ment by said companies shall be required to be applied
payment of to the payment of the bonds issued by the government
in aid of the construction of said road.
Sec. 6. And be it farther enacted, That the proviso to
appointentcoim section four of said act is hereby modified as follows,
TnflimT at viz: And the President of the United States is hereby
pacific railroad acts.
21
authorized, at any time after the passage of this act, to
appoint for each and every of said roads three commis¬
sioners, as provided for in the act to which this act is
amendatory; and the verified statement of the president
of the California company, required by said section four,
shall be filed in the office of the United States surveyor-
general for the State of California, instead of being pre¬
sented to the President of the United States; and the
said surveyor-general shall thereupon notify the said com¬
missioners of the filing of such statement, and the said commission-
commissioners shall thereupon proceed to examine the ers may inspect
p., .1 -i 1,1 iv 1.1 road califor-
portion of said railroad and telegraph line so completed, nia co. under
and make their report thereon to the President of the provls"
United States, as provided by the act of which this is
amendatory. And such statement may be filed and such
railroad and telegraph line be examined and reported
on by the said commissioners, and the requisite amount
of bonds may be issued, and the lands appertaining
thereto may be set apart, located, entered, and patented,
as provided in this act and the act to which this is amend¬
atory, upon the construction by said railroad company of
California of any portion of not less than twenty consec¬
utive 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 amend¬
atory. And section ten of the act of which this is amend¬
atory 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 sec- ^
tion 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 is hereby ervationo/gov-
repealed. And the failure of any one company to com- ernraentbonds-
ply fully with the conditions and requirements of this
act, or the act to which this is amendatory, shall not The defaull.
. ** or neglect ot
work a forfeiture of the rights, privileges, or franchise one company
of any other company or companies that shall have com- any otherffect
plied with the same.
Sec. 8. And be it farther enacted, That for the purpose
of facilitating the work on said railroad, and of enabling
the said company as early as practicable to commence
the grading of said railroad in the region of the moun¬
tains, between the eastern base of the Rocky mountains
and the western base of the Sierra Nevada mountains,
so that the same may be linally completed within the
time required by law, it is hereby provided that when¬
ever the chief engineer of the said company and said
22
pacific railroad acts.
commissioners shall certify that a certain proportion of
the work required to prepare the road for the superstruc¬
ture 011 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
Provision for a proportion of said bonds, not exceeding two-thirds of
RamoadeiofibC- the amount of bonds authorized to be issued under the
portion 0&f provisions of the act, to aid in the construction of such
emment bonds section of twenty miles, nor in any case exceeding two-
in the mountain ,-i.t n ,i i p ,i -i -« ,, . . °
work before fi- thirds ot the value of the work done, the remaining one-
Sf thCe°S!deUon 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; and 110 such bonds shall issue to the Union
But not west Pacific Railroad Company for work done west of Salt
cftymotreLthan ^^<3 City under this section, more than three hundred
300 miles in ad- miles in advance of the completed continuous line of
yance of its • • • -
completed line, said railroad from the point beginning on the one-hun¬
dredth meridian of longitude.
Sec. 9. And be it farther enacted, That to enable any
one of said corporations to make convenient and neces¬
sary connections with other roads, it is hereby author¬
ized to establish and maintain all necessary ferries upon
Right for and across the Missouri river and other rivers which its
ferries and road may pass ill 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 con¬
structed with suitable and proper draws for the passage
of steamboats, and shall be built, kept, and maintained
at the expense of said company, in such manner as not
to impair the usefulness of said rivers for navigation to
any greater extent than such structures of the most ap¬
proved character necessarily do : And provided, further,
may°unite 'with That any company authorized by this act to construct its
J!faioothnmerid- road and telegraph line from the Missouri river to the
ceivebno more P°hit aforesaid, may construct its road and tele-
lands or bonds graph line so as to connect with the Union Pacific rail-
ti^nwaJo'nThe road at any point westwardly of such initial point, in
iooth meridian. cage guc}1 company shall deem such westward connection
more practicable or desirable; and in aid of the con¬
struction of so much of its road and telegraph line as
shall be a departure from the route hereinbefore pro¬
vided for its road, such company shall be entitled to all
the benefits and be subject to all the conditions and re-
pacific railroad acts.
23
strictions of this act: Provided, further, however, That the
bonds of the United States shall not be issued to such
company for a greater amount than is hereinbefore pro¬
vided, if the same had united with the Union Pacific
railroad on the one-hundredth degree 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 farther enacted, That section five of
said act be so modified and amended that the Union Pa¬
cific Railroad Company, the Central Pacific Railroad
Company, and any other company authorized to partici- Act of March
pate in the construction of said road, may, on the com- ad-
pletion of each section of said road, as provided in this vance.
act, and the act to which this act is an amendment, issue
their first morts-aore bonds on their respective railroad
o t o a ^ ^ ^ o r i z 6 s
and telegraph lines to an amount not exceeding the the issue of
amount of the bounds of the United States, and of bonds^wtifh
even tenor and date, time of maturity, rate and char- shaiibeaiienon
' 1-1 • i the roa<^ prior
acter ot interest, with the bonds authorized to be issued totheiienofthe
to said railroad companies respectively. And the lien s°vernment-
of the United States bonds shall be subordinate to that
of the bonds of any or either of said companies hereby
authorized to be issued on their respective roads, prop¬
erty, and equipments, except as to the provisions of the
sixth section of the act to which this act is an amend¬
ment, relating to the transmission of dispatches and the
transportation of mails, troops, munitions of war, sup¬
plies, and public stores for the government of the United
States. And said section is further amended by striking
out the word "forty," and inserting in lieu thereof the SeetionfeSfrom
words " on each and every section of not less than twen- t0 "20"
ty."
Sec. 11. And be it farther 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 unsat¬
isfied or uncancelled shall be deducted from the amount outstanding
ot such government and first mortgage bonds which the ^ued byeany
company maybe entitled to receive and issue; and such JeduetSedallfrom
an amount only of such government bonds and such first the amount of
mortgage bonds shall be granted or permitted as, added i^ued1'bytothe
to such outstanding, unsatisfied, or uncancelled bonds of g°vernment-
24.
pacific railroad acts.
the company, shall make up the whole amount per mile
to which the company would otherwise have been enti¬
tled : And provided farther, That before any bonds shall
be so given by the United States, the company claiming
sworn state- them shall present to the Secretary of the Treasury an
ment or an out- affidavit of the president and secretary of the company,
standing se- . '1 . J I
purities shall to be sworn to betore the judge of a court of record, set-
Seeretary of the
ting forth whether said company has issued any such
Treasury. bonds or securities, and, if so, particularly describing the
same, and such other evidence as the Secretary may re¬
quire, so as to enable him to make the deduction herein
required ; and such affidavit shall then be tiled and de¬
posited in the office of the Secretary of the Interior.
And any person swearing falsely to any such affidavit
shall be deemed guilty of perjury, and on conviction
thereof shall be punished as aforesaid: 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
Law shaii not company or companies, party or parties, on account of
appCiynstoliediny arA roa(l or part thereof made prior to the passage of the
other roads act to which this act is an amendment, or made subse-
than thos6 » .i , i j i • • r* j #
specified in the quent thereto under the provisions or any act or acts
act' other than this act and the act amended by this act.
Sec. 12. And be it further enacted, That the Leaven¬
worth, Pawnee and Western Railroad Company, now
The union known as the Union Pacific Railroad Company, Eastern
Pacific r.r Co., Division, shall build the railroad from the mouth of Kan-
Eastern Uiv., ' . .
sjafi buiu sas river, by the way ot Leavenworth, or, it that be not
Leavenworth to deemed the best route, then the said company shall,
years?nee m " within two years, build a railroad from the city of Leav¬
enworth 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
in default of as the Union Pacific Railroad Company, Eastern Divi-
bein™bunt uie s'l0u? shall have completed their road to the hundredth
Kansas Co. may degree of longitude, then the last-named company may
proceed to build ° • l
the same. 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
sRinnSbe buiit the Kansas river to the one-hundredth meridian of lon-
and T^e'i-a"06 ^tude shall be made by the way of Lawrence and To-
and Topeka. pep^ or on ^-]ie pank 0f 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,
pacific railroad acts
25
for fhe construction of any part of the main trunk line omh^muS
of said railroad west of the one-hundredth meridian of bunt before
. bonds or lands
longitude and east of the Eocky mountains, until said shaii be grant-
road shall be completed from or near Omaha, on the mVodla^1 anil
Missouri river, to the said one-hundredth meridian of mountains?0^7
longitude.
Sec. 13. And be it further enacted, That at and after the
next election of directors, the number of directors to be . At. next eiec-
elected by the stockholders shall he "fifteen; and the ors to be eleet-
number of directors to be appointed by the President emment diS-
shall be five; and the President shall appoint three ad- ors-
ditional directors to serve until the next regular elec-
CP
tion, and thereafter five directors. At least one of said 0ne goyern_
government directors shall be placed on each of the
standing committees of said company, and at least one mittee.
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
he may make of them, touching the condition, manage¬
ment, and progress of the work, and shall communicate
to the Secretary of the Interior, at any time,-such infor¬
mation as should he in the possession of the Deparment. ^
Duties of gov-
They shall, as often as may be necessary to a full knowl- emmentdirect-
edge of the condition and management of the line, visit compensation!1"
all portions of the line of road, whether built or sur¬
veyed ; and while absent from home, attending to their
duties as directors, shall he paid their actual travelling
expenses, and be allowed and paid such reasonable com¬
pensation for their time actually employed as the board
of directors may decide.
Sec., 14. And be it further enacted, That the next elec¬
tion for directors of said railroad shall be held on the
first Wednesday of October next, at the office of said Next election
company in the city of New York, between the hours of octot!eT,tori864,
ten o'clock a. m. and four o'clock p. m. of said day ; and fyd aunuaiiy
ill • I n thereafter; and
all subsequent regular elections shall be held annu ally directors shall
thereafter at the same place ; and the directors shall hold onedyear.ce tor
their olfices for one vear, and until their successors are
qualified.
Sec. 15. And be it further enacted, That the several com¬
panies authorized to construct the aforesaid roads are
hereby required to operate and use said roads and tele¬
graph for all purposes of communication, travel, and
transportation, so far as the public and the government
are concerned., as one continuous line ; and in such oper- The several
ation and use, to afford and secure to each equal ad- roads shaii be
vantages and facilities as to rates, time, and transports uous line, and
tion, without any discrimination of any kind in favor of f aep.nal terms
26
pacific railroad acts.
tlie 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 in¬
jured, for each offence, the sum of one hundred dollars,
and such other damages as he may have suffered on ac-
AeSteejaudnei02o coun^ sa^ refusa-l OY failure, to be sued for and re-
1874. une ' covered in any court of the United States, or of any
state or territory of competent jurisdiction.
Sec. 16. And be it further enacted, That any two or
ma°mpconsons more companies authorized to participate in the
date, and con- benefits of this act are hereby authorized at any time to
panyatsucceed*s unite and consolidate their organizations, as the same
thela<fomSpanieslmaT 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 immuni¬
ties, guarantees, acts, and things to be done and per¬
formed, and be subject to the same terms, conditions,
restrictions, and requirements which said companies re¬
spectively at the time of such consolidation are or may
be entitled or subject to under this act in place and sub¬
stitution of said companies so consolidated respectively.
And all other provisions of this act, so far as applicable'',
relating or in any manner appertaining to the com¬
panies 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 or¬
ganization of the roads or either of them of the com¬
panies 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 td the Pacific
coast) shall not have constructed the number of miles of
its said road within the time herein required, such con¬
solidated organization is hereby authorized to continue
PACIFIC RAILROAD ACTS.
27
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 tele¬
graph of said other company, and at such point unite
and connect therewith; and for and in aid thereof the
said consolidated organization may do and perform, in
reference to such portion of road and telegraph as
shall so be in continuation of its constructed road and
telegraph, and to the construction and equipment thereof, _ . .
o a z i i ' .Provision in
all and singular the several acts and things hereinbefore case any com-
provided, authorized, or granted to be done by the com- Fault in substaS-
pany hereinbefore authorized to construct and equip the ^thtSFproFf-
same, and shall be entitled to similar and like grants, sions of the act.
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 com¬
missioners, in reference to such company, and to such
portion of the road hereinbefore authorized to be con¬
structed by it, and upon the like and similar terms and
conditions, so far as the same are applicable thereto.
And said consolidated company shall pay to said default¬
ing company the value, to be estimated by competent
engineers, of all the work, done and material furnished
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 : Provided, never- proviso.
theless, That said defaulting company may at any time, be¬
fore 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 ma¬
terial furnished by said consolidated company, to be esti¬
mated by competent engineers, necessary for and used
in the construction of the road of said defaulting com¬
pany, 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, shall 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 pro¬
vided, 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 com-
28
PACIFIC BAILROAD ACTS
pletely as are herein provided touching such consoli¬
dated organization. And in case more than one such
consolidated organization shall be made pursuant to this
act, the terms and conditions of this act, hereinbefore re¬
cited as to one, shall apply in like manner, force, and
effect to the other: Provided, however, That rights and
interests at any time acquired by one such consolidated
organization shall not be impaired by another thereof.
It is further provided, that, should the Central Pacific
ppCef rai Pac' R;l^roacl Company of California complete their line to
their roadts the eastern line of the State of California before the line
Sfi^mues °I the Union Pacific Railroad Company shall have been
unuf^Pacifie extended westward so as to meet the line of said first-
shaii not then named company, said first-named companv may extend
have completed h * , , , . , 1 , ••• , 'L
their line. their line ot road eastward one hundred and fiity 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 lie, and the same is hereby, amended to read
as follows: That whenever a line of railroad shall be
iowa and completed through the States of Iowa or Minnesota to
Minn6soul com- • o
panies may Sioux City, such company now organized or as may here-
city'branch""* after 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 con¬
nect 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 condi¬
tions as are provided in this act and the act to which
this is an amendment, for the construction of the said
Union and Pacific railroad and telegraph line and
branches; and said company shall complete the same at
TT . „ ._ the rate of fifty miles per year: Provided, That said
Union xROitic ^ •
released from Union Pacific Railroad Company shall be, and is
Son CoTstthis hereby, released from the construction of said branch,
branch. And said company constructing said branch shall not
be entitled to receive in bonds an amount larger than
the said Union Pacific Railroad Company would be
entitled to receive if it had constructed the branch under
this act and the act to which this is an amendment; but
pacific railroad acts.
29
said company shall be entitled to receive alternate sec¬
tions of land for ten miles in width on each side of the
same along the whole length of said branch : And pro* Pi •ovision in
vided further, That if a railroad be not completed to Sioux o?tL°Lt?and
City, across Iowa or Minnesota, within eighteen months
from the date of this act, then said company, designated
by the Tresident as aforesaid, may commence, continue,
and complete the construction of said branch, as con¬
templated by the provisions of this act: Provided, how¬
ever, That if the said company so designated by the Presi¬
dent as aforesaid, shall not complete the said branch from
Sioux City to the Pacific railroad within ten years from
the passage of this act, then, and in that case, all of the
railroad which shall have been constructed bv said com-
ty
pany shall be forfeited to aud become the property of the
United States.
Sec. 18. And he it further enacted, That the Burlington
and Missouri Rive]' Railroad Company, a corporation
organized under and by virtue of the laws of the State
of Iowa, be and hereby is authorized to extend is [its] the lBiirHngton
road through the Territory of Nebraska from the point ^jjer rIirsoJ5o!
where it strikes the Missouri river, south of the mouth of f" e*d coif
the Platte river, to some point not further west than the nect with main
one-hundredth meridian of west longitude, so as to con- lme*
nect, by the most practicable route, with the main trunk
of the Union Pacific railroad, or that part of it which
- runs from Omaha to the said one-hundredth meridian
of west longitude. And, for the purpose of enabling
said Burlington and Missouri River Railroad Company
to construct that portion of their road herein authorized,
the right-of-way through the public lands is hereby
granted to said sompany 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 ma¬
terials 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 extin¬
guish, 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 pur¬
pose of aiding in the construction of said road, there be
30
pacific railroad acts.
madenttofli?ur- anc^ hereby is granted to the said Burlington and Mis-
Rm'rRRldco°' sour* 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 pre¬
emption or homestead claim may not have attached at
the time the line of said road is definitely fixed: Provided,
accept' w'ithi'l^i [That] said company shall accept this grant within one
year. year from the passage of this act, by filing such accept¬
ance 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 farther 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 pro¬
vided for other roads mentioned in this act, and the act
Provision as to which this is an amendment, the President of the
shan'TssuJTto United States shall appoint three commissioners to ex-
mo*]rvver rr amine an(^ report to him in relation thereto; and if it
co." ' shall appear to him that twenty miles of said road have
been completed as required by this act, then, upon cer¬
tificate 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 privi¬
leges and immunities granted to the Hannibal and St. •
Joseph Railroad Company by the said last-mentioned
Nogovernm't Ret, so far as the same may be applicable: Provided,
That no government bonds shall be issued to the said
oil" tO III Lo GO III- O t t _
pany. Burlington and Missouri River Railroad Company to aid
in the construction of said extension of its road: And
'provided farther, That said extension shall be completed
buiutthe road.0 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 com¬
pany or party entitled thereto under this act, there shall
pacific railroad acts.
31
first be paid into the treasury of the United States the
cost of surveying, selecting and conveying the same by su^<^ ofeiand
the said company or party in interest as the titles shall eaciTcompan/
be required by said company, which amount shall, with¬
out 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.
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, mili¬
tary, and other purposes," approved July 1st, eighteen
hundred and sixty-two, and to amend an act amenda¬
tory 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,
That section ten of said act of July second, eighteen hun- Sec-10 amend-
• » • ^ 6(1 SO £tS tO
dred and sixty-four, be so modified and amended as to low the Cen.
allow the Central Pacific Railroad Company and the and ?heRwes!
Western Pacific Railroad Company, of California, the caufSni G°lhe
Union Pacific Railroad Company, the Union Pacific Rail- unm^Pac.^RR.
road Company, Eastern Division, and all other companies Pac. rr. Co.,
provided for in the said act of the second July, eighteen hundred Smf&e., to'Is-
and sixty-four, to issue their six per centum thirty years' sue bonds;
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 ad¬
vance of a continuous completed line of construction.
Sec. 2. And be it further enacted, That the assignment
made by the Central Pacific Railroad Company of Cali- Assignment to
fornia to the Western Pacific Railroad Company of said R.co^omaufo^-
state, of the right to construct all that portion of said nia ratified-
railroad and telegraph from the city of San Jose to the
city of Sacramento is hereby ratified and confirmed to
the said Western Pacific Railroad Company, with all the
pacific railroad acts.
privileges and benefits of the several acts of Congress re¬
lating 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
Jose 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, GO.]
An Act to facilitate commercial, postal, and military
communication among the several states.
Whereas, The Constitution of the United States con¬
fers upon Congress, in express terms, the power to regu¬
late commerce among the several states, to establish
post-roads, and to raise and support armies : Therefore,
Be it enacted b)/ the Senate and House of Representatives
of the United, States of America in Con/fress 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, govern¬
ment supplies, mails, freight, and property, on their way
from any state to another state, and to receive compen¬
sation therefor, and to connect with roads 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 govern¬
ment of the United States and any railroad company for
transportation or fares without compensation, nor im¬
pair or change the conditions imposed by the terms of
any act granting lands to any such company to aid in the
construction of its road, nor shall it be construed to au¬
thorize 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 farther 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 com¬
merce, and not on account of any special reference to
Kansas Pacific railway.]
PACIFIC RAILROAD ACTS.
33
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, Paw¬
nee 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 here¬
by, 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 rail¬
road, and all its several sections, is extended for the
term of two years.
Approved May 7, 1866.
ACT OF JULY 3, 1866.
[14 Statutes at Large, 79.]
An Act to amend an act entitled "An act to amend
4 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,
That that the Union Pacific Railway Company, Eastern union Pacific
Division, is hereby authorized to designate the general des!gnateC°gen°
route of their said road, and to file a map thereof, as eraC\r0U,le, of
in i , r ~ « road, &c., before
now required by law, at any time before the first day of Dec. i, '66.
December, eighteen hundred and sixty-six; and upon
the filing of the said map, showing the general route of
34
pacific railroad acts.
of^oadStobe?ee- sa^ roa(T the lands along the entire line thereof, so far
safeed from as same ma.Y t>e designated, shall be reserved from
sale by order of the Secretary of the Interior: Provided,
Am'toiboHds That said company shall he entitled to only the same
as if,°&c.e snme 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 con Vrov^e^ further, That said company shall connect
nect'n with the their line of railroad and telegraph with the Union Pa-
umon Pae. rr. c*£c raproac^ })Ut not at a point more than fifty miles
westwardly from the meridian of Denver, in Colorado.
Sec. 2. And he it f arther enacted, That the Union Pa¬
cific Railroad Company, with the consent and approval
of the Secretary of the Interior, are hereby authorized to
UDionapac.RRf locate? construct, and continue their road from Omaha,
ha westward1* *n ^e^ras^a Territory, westward, according to the best
and most practicable route, and without reference to the
initial point on the one-hundredth meridian of west longi¬
tude, as now provided by law, in a continuous completed
line, until they shall meet and connect with the Central
Pacific Railroad Company of California; and the Cen- •
uificCRRrcom- Pacific Railroad Company of California, with the
pany westward, 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 rail¬
road : Provided, That each of the above-named compa-
workmaybe nies shall have the right, when the nature of the work
over soTmbes to be done, by reason of deep cuts and tunnels, shall for
con11n°uou°s the expeditious construction of the Pacific railroad re¬
computed lines quire it, to work for an extent of not to exceed three
hundred miles in advance of their continuous completed
lines.
Approved July 3, 1866.
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 com¬
panies named in this act are hereby required to operate
and use the portions or parts of said railroad and tele-
pacific railroad acts.
graph 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 con¬
nected 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 dis¬
crimination, to be sued for and recovered in any court
of the United States, or of any state, of competent ju¬
risdiction.
Approved July 25,1866.
[Introduced to show the care taken by Congress to se¬
cure fair and equal treatment of each other, by the rail¬
roads mentioned in the act.]
JOINT RESOLUTION, JULY 26,1876.
[14 Statutes at Large, 367.]
A Resolution granting the right-of-way through mili¬
tary reserves to the Union Pacific Railroad Company
and its branches.
Resolved by the Senate and House of Representatives of
the United States gf 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
_ CD 7
and operation of their roads over and upon all military
reserves through 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 44 Riley City;"
also, fractional section 44 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 do¬
main, 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 pur¬
poses : 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 tor military purposes, so long as it shall be required
therefor.
Approved, July 26, 1866.
36
pacific railroad acts.
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
ofL Pacific" rail6 United States of America in Congress assembled, That
roads and bran-nothing in the act approved July 1st, eighteen hundred
maerSket!tored to and sixty-two, entitled " An act to aid in the construction
vob'xii."p! 489°' °f a railroad and telegraph line from the Missouri river to
voi8<xiiiChp 356' Paci"fic ocean, and to secure to the government the
1866, c'h. 156, use of the same for postal, military, and other purposes,"
v°oixlxiv^' pp." and the acts amendatory thereof, shall be held to author-
355,367. jze ppe withdrawal or exclusion from settlement and en¬
try, 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: Provided,, That such sec-
Priceof lands, tions shall be rated at two dollars and fifty cents per
acre, and subject only to entry under those laws ; and
Homestead & ^ie Secretary of the Interior be, and is hereby, authorized
pre-emption and directed to restore to homestead settlement, pre-
nghts* eruption 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.
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
Reports of 0f ppe United States of America in Congress assembled,
certain rail-
roads to be That the reports required to be made to the Secretary of
fore Oc" lsV'in the Treasury on or before the first day of July of each
Secretary of' in- yeai\ by the corporations created by or entitled to sub-
tei862 ch i">o s^c^es under the provisions of an act entitled "An act to
vol. xii., p."489.' aid in the construction of a railroad and telegraph line
vobxiii?,p.35e! from the Missouri river to the Pacific ocean, and to se-
voi86xiiiCp'504, cure to the government the use of the same for postal,
to contain what! military, and other purposes," approved July first, eight--
pacific railroad acts.
37
een 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. And the reports hith- Former re_
erto made to the Secretary of the Treasury under the ports,
said act of July first, eighteen hundred and sixty-two,
shall be transferred and delivered by him to the Secre¬
tary of the Interior to be filed by him.
Sec. 2. And be it farther enacted, That the corporations
created by the provisions of the acts of Congress ap- NoShem Pac°i-
proved July second, eighteen hundred and sixty-four, pc,;c? an* d
and July twenty-seventh, eighteen hundred and sixty- southern' Paci-
«/ «/ 7 o tj fir* to Ho madA
six, and known as the Northern Pacific Railroad Com- when, &e.
pany, the Atlantic and Pacific Railroad Company, and vo^xiii.fp. 356.'
the Southern Pacific Railroad Company, shall make re- vo\86xiv°p. 292.
ports to the Secretary of the Interior on or before the first
day of October of each year, as are required to be made
by the Union Pacific Railroad and branches, under the
provisions of the first section of this act, and 011 failure
so to do shall be subject to the like suspension.
Sec. 3. And be it farther enacted, That the reports re- Reports of
n q ji ' • • j ~i 1 • commissioners
quired from the commissioners appointed to examine to be made to
and report in relation to the road of any of the corpora- SfePintS-ior. °f
tions, whereto reference is made in this act, shall be ad¬
dressed to and filed in the Department of the Interior;
and all such reports, heretofore made, shall be transfer¬
red to and filed in said Department of the Interior ; and
so much of any and all acts as requires any reports from Repealing
such companies, or any officers thereof, to be made to clause,
the Secretary of the Treasury, is hereby repealed.
Sec. 4. And be it farther enacted, That, in addition to Reports of en-
the eight subjects referred to in section twenty of the act ?!herrs officers
of July, eighteen hundred and sixty-two, to be reported por°ts T0abe fur-
upon, there shall also be furnished, annually, to the Sec- wished,
retary of the Interior, all reports of engineers, superin-
intendents, or other officers who make annual reports to
any of said railroad companies.
Approved June 25, 1868.
38
pacific railroad acts.
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 comple¬
tion of railroads to Denver, in the Territory of Colo¬
rado.
Be it enacted by the Senate and House of Representatives
u. p. rw. Co., of the United States of America in Congress assembled,
sion,to contract That the Union Pacific Railway Company, Eastern Di-
picific co?nver vision, be, and it hereby is, authorized to contract with
the Jlenver Pacific Railway and Telegraph Company, a
corporation existing under the laws of the Territory of
Colorado, for the construction, operation, and mainte¬
nance 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 Chey¬
enne, 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 ex¬
tend 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 main-
Shall extend tained by the Denver Pacific Railway and Telegraph
c°(fntinu*ous Company, a continuous line of railroad and telegraph
s^citybyDen- fr°m Kansas City, by waj of Denver, to Cheyenne. And
ver, to' chey- all the provisions of law for the operation of the Union
Pacific railroad, its branches and connections, as a con¬
tinuous line, without discrimination, shall apply the same
as if the road from Denver to Cheyenne had been con¬
structed by the said Union Pacific Railway Company,
Eastern Division ; but nothing herein shall authorize the
roadeaSd°rates said Eastern Division Company to operate the road or
of tariff. t[ie rates of tariff for the Denver Pacific Railway and
Telegraph Company.
Sec. 3. And be it further enacted, That said companies
may01mo?Sa|e are hereby authorized to mortgage their respective por-
their roads. tions of said road, as herein defined, for an amount not
exceeding thirty-two thousand dollars per mile, to enable
PACIFIC RAILROAD ACTS.
39
them respectively to borrow money to construct the
same; and that each of said companies shall receive
patents to the alternate sections of land along their re- Land patents,
spective 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 Com¬
pany, Eastern Division: Provided, That neither of the
companies hereinbefore mentioned shall be entitled to Nobondsub-
subsidy in United States bonds, under the provisions of sidy-
this act.
Approved March 3,1869.
JOINT RESOLUTION MARCH 3, 1869.
CHANGE OF NAME.
[15 Statutes at Large, p. 348.]
Joint Resolution authorizing the Union Pacific Rail¬
way 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, R ^naya<coC
That the Union Pacific Railway Company, Eastern Divi- Eastern Divi¬
sion, is hereby authorized by resolution of its board of its°n'nameanfo
directors, which shall be filed in the office of the Secre- Railway co.clfic
tary of the Interior, to change its name to the " Kansas
Pacific Railway Company."
Approved March 3, 1869.
- JOINT RESOLUTION OF 1869.
[16 Statutes at Large, p. 56-7.]
Joint Resolution for the protection of the interests of April 10 1869
the United States in the Union Pacific Railroad Com¬
pany, 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, %
That the stockholders of the Union Pacific Railroad Com¬
pany, at a meeting to be held on the twenty-second day of stockholders
April, eighteen hundred and sixty-nine, at the city of Bos- rr.^.To e^ect
ton, (with power to adjourn from day to day,) shall elect ^board of di-
a board of directors for the ensuing year; and said stock- r °rs'
holders are hereby authorized to establish their general t0 establish
office at such place in the United States as they may se- J^e. geaera!
40
pacific railroad acts.
lcct at said meeting: Prodded, That the passage of this
resolution shall not confer any other right upon said
No other right Union Pacific Railroad Company than to hold such elec-
conferred or . 1 J
waived hereby, tion, 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 gen¬
eral government have been or may be prejudiced: And
common ter- provided farther, That the common terminus of the Union
Tn i n n ^ of t. hp
Union Pao. and Pacific and the Central Pacific railroads shall be at or
raHroada^to'be near Ogden; and the Union Pacific Railroad Company
denr&cear °s sball build, and the Central Pacific Railroad Company
pay for and own the railroad from the terminus afore¬
said to Promontory Summit, at which point the rails
shall meet and connect and form one continuous line.
Sec. 2. And be it farther resolved, That, to ascertain
to h appointena condition of the Union Pacific railroad and the Cen-
commission to tral Pacific railroad, the President of the United States
examine and . . ... .
report upon the is authorized to appoint a board ot eminent citizens, not
roads. 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 compli¬
ance with the several acts relating to said roads; and the
ExoPfec9mm?sd expense of such board, including an allowance of ten
sioners. 1S 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 farther resolved, That the President
tSbeSiwTthheM *s hereby authorized and required to withhold from each
sufficient, to se- of said companies an amount of subsidy bonds author-
compietionasa ized to be issued by the United States under said acts
ofaVuseetionsof sufficient to secure the full completion as a first-class
such road, Ac. road of all sections of such road upon which bonds have
already been issued, or in lieu of such bonds he may re¬
ceive as such security an equal amount of the first-mort¬
gage bonds of such company; and if it shall appear to
if the amount the President that the amount of subsidy bonds yet to
to be issued is , , .„ . , . . ^ ^
insufficient, Ac. be issued to either ot said«companies is insunicieut.to 111-
^ sure the full completion of such road, he may make re¬
quisition upon such company for a sufficient amount of
bonds already issued to said company, or in his discre¬
tion of their first-mortgage bonds, to secure the full com¬
pletion of the same. And in default of obtaining such
security as [is] in this section provided, the President
era^to instaute may authorize and direct the Attorney-General to insti-
necessarysuits, tute such suits and proceedings on behalf and in the
PACIFIC RAILROAD ACTS.
41
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 com¬
pletion thereof as a first-class road, as required by law
and the statutes in that case made.
Sec. 4. And be it further resolved, That the Attorney- Attomey-Gen-
General of the United States be, and he is hereby, au- g^le^wheTher
thorized and directed to investigate whether or not the the charter of
charter and all the franchises of the Union Pacific Rail- fiCeand cental
road Company and of the Central Pacific Railroad Com- roads have Tot
pany have not been forfeited, and to institute all neces- d®en forfeited'
sary 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 insti¬
tute the necessary proceedings to have the same reim¬
bursed; and also to investigate whether any of the direc¬
tors or any other agents or employees of said companies
have or have not violated any penal law, and if so, to cr^mmTpT6-
institute the proper criminal proceedings against all per- ceedinss if, &c.
sons who have violated such laws.
Approved April 10, 1869.
ACT OF 1870.
[16 Statutes at Large, p. 121-2.]
An Act to fix the point of junction of the Union Pacific M 6 1870>
Railroad Company and the Central Pacific Railroad
Company.
Be it enacted by the Senate and Souse of Representatives
of the United States of America in Congress assembled,
That the common terminus and point of junction of the tionnt
Union Pacific Railroad Company and the Central Pacifi C Union Pacific
Railroad Company shall be definitely fixed and estab- the central po¬
lished on the line of railroad as now located and con- eOtabiished
structed, northwest of the station at Oa;den, and within northwest of
• o ' tli0 station at
the limits of the sections of land hereinafter mentioned, Ogden, &c.
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
twTo, and section six of township six, and sections thirty
and thirty-one of township seven, of range one, and sec¬
tions one and two of township six, of range two, all situ-
42
pacific railroad acts.
Grant of cer
tain sections.
ate north and west of said principal meridian and base
line; 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: Pro¬
vided, however, That the Secretary of the Interior shall
designate a section of land in said township seven, of
range two, belonging to said companies, and reserve the
for same for the benefit of schools in said territory, in accord-
*/ '
ance with the act of February twenty-one, eighteen hun¬
dred and fifty-five, establishing the office of surveyor-
general of Utah, and to grant land for school and univer¬
sity purposes : Provided, also, That said companies shall
Price of land, pay for any additional lands acquired by this act, at the
rate of two dollars and fifty cents an acre: And provided
Private rights, farther, That no rights of private persons shall be affected
by this act.
Approved May 6, 1870.
Reserve
schools.
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 hun¬
dred and seventy-two, and for other purposes.
Sec. 9. That in accordance with the fifth section of
theeTreasm- to act approved July two, eighteen hundred and sixty-
pay over to Pa- four, entitled "An act to amend an act entitled 'An act
Compan^ies oife- to aid in the construction of a railroad and telegraph
saUon, &cmpen" ^ne from the Missouri river to the Pacific ocean, and to
secure to the government the use of the same for pos¬
tal, military, and other purposes,' approved July first,
voLGxii.hpP489°' eighteen hundred and six-two," the Secretary of the
Treasury is hereby directed to pay over in money to the
Pacific Railroad Companies mentioned in said act, and
volSxiii.hpP 356! performing services for the United States, one-half of the
compensation at the rate provided by law for such ser¬
vices heretofore or hereafter rendered: Provided, That
Legal rights this section shall not be construed to affect the legal rights
otherwiscfaflfec- of the government in the obligations of the companies,
ted- except as herein specifically provided.
Approved March 3,1871.
PACIFIC KAILROAD ACTS.
43
ACT OF 1873.
[17 Statutes at Large, p. 508.]
An Act making appropriations for the legislative, execu- March 3.1373.
tive, 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
to withhold all payments to any railroad company and Seeret of
its assigns, on account of freights or transportation over the Treasury to
their respective roads, of any kind, to the amount of pay- merits to cer-
ments made by the United States for interest upon bonds comVnYesIr°for
of the United States issued to any such company, and frei§ht'&c-
wThich shall not have been reimbursed, together with the
five per cent, of net earnings due and unapplied, as pro¬
vided by law; and any such company may bring suit in companies
the Court of Claims to recover the price of such freight
in* Court of
and transportation ; and in such suit the right of such Claims-
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 prJiPeealcourt"
suit may appeal to the Supreme Court; and both said causes to have
1 11 • , x* ii Precedence.
courts shall give such cause or causes precedence ot all
other business.
«jx. Jx
"Jf vv* T? TV TP
Sec. 4. That the Attorney-General shall cause a suit Attorney-Gen-
• • • • • m OTcil to u r i n. 2T
in equity to he instituted in the name of the United States suit against IT.
against the Union Pacific Railroad Company and against p' R" R"
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 qther property of
said road, unlawfully and contrary to equity, or who may
have received as profits or proceeds of contracts for con¬
struction 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 re¬
ceived 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
44
PACIFIC RAILROAD ACTS.
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. Said suit may be brought in the circuit
hrou«hUnyany court in any circuit, and all said parties may be"made
circuit defendants in one suit. Decrees may be entered and en¬
forced against any one or more parties defendant with¬
out 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 pro¬
cess 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 dis¬
trict, and shall be served, as other like process, by the
Books to be mars^a' such district. The books, records, corres-
subject to° in pondence, and all other documents of the Union Pacific
speetion. Railroad Company, shall at all times be open to inspec¬
tion by the Secretary of the Treasury, or such persons
as he may designate for that purpose. The laws of the
Bankrupt United States providing for proceedings in bankruptcy
laws do not ap- , 11 ,1111 1 • i -vt t •
piy. shall not be held to apply to said corporation. JNo divi¬
dend shall hereafter be made by such company, but from
the actual net-earnings thereof; and no new stock shall
Nonewstock, be issued, or mortgages or pledges made on the property
or future earnings of the company without leave of Con¬
gress, except for the purpose of funding and securing
debt now existing, or the renewals thereof. Uo director
No director or or officer of said road shall hereafter be interested, di-
officer to be in- . '
terested in any rectly or indirectly, 111 any contract therewith, except tor
contract • ^ ^ ^ ^ i
his lawful compensation as such officer. Any director
or officer who shall pay or declare, or aid in paying
or declaring, any dividend, or creating any mortgage
Penalty. or pledge prohibited by this act, 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 hear
Mandamus. aDq 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 acts
45
ACT OF 1874.
June 20, 1874.
1864, ch. 216,
vol. xiii., p. 362.
[18 Statutes at Large, p. 111-12.]
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 telegraph line from the Missouri river to
the Pacifie ocean, and to secure to the government i862,ch.i2o,voi.
the use of the same for postal, military, and other pur- xu"'p-489,
poses,' approved July 1, 1862."
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That there shall be, and is hereby, added to the fifteenth t0
section of the act approved July second, eighteen hun- vol xii?'
dred and sixty-four, entitled "An act to amend an act p. 362.'
entitled 'An act to aid in the construction of a railroad r
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, who shall refuse to operate and use the road and Refusal to oP-
.-I i "it* il* i • i i • -i ©Lett© 8.D(1 US©
telegraph under his control, m which he is engaged Pacific Rail-
ill operating for all purposes of communication, travel, uou^sifnes?&c"
and transportation, so far as the public and the govern- Penalty-
ment are concerned, as one continuous line, or shall re¬
fuse, 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 busi¬
ness 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 failure or refusal of the Union Pacific Railroad in case of a
Company, or either of said branches, to comply with the union6' Pa'crn^
requirements of this act and the acts to which this act is p?ny°0r1)ran5i-
amendatory, the party injured, or the company aggrieved |sj t,0areoemply'
may bring an action in the district or circuit court of the grieved m a^y
United States in the territory, district, or circuit in which damage?" f°r
any portion of the road of the defendant may be situated,
for damages on account of such failure or refusal; and,
upon recovery, the plaintiff shall be entitled to judgment Treble dam-
for treble the amount of all excess of freight and fares be^covereX7
46
PACIFIC RAILROAD ACTS.
collected by the defendant, and for treble the amount of
damages sustained by the plaintiff by such failure or re¬
fusal ; 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 terri-
service of ^ory, district, or circuit, process may be served upon any
process. 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 suffi¬
cient ; and it is hereby provided that for all the purposes
of said act, and of the acts amendatory thereof, the rail¬
way of the Denver Pacific Railway and Telegraph Corn-
Denver Paci- pany shall be deemed and taken to be a part and exten-
he deemVlf ex°- sion of the road of the Kansas Pacific railroad, to the
sasPacific,*i869j point of junction thereof with the road of the Union Pa-
ph3247' v°1'xv"' c^c ^a^roa(3 Company at Cheyenne, as provided in the
act of March third, eighteen hundred and sixty-nine.
Approved June 20, 1874.
ACT OF 1874.
[18 U. S. Statutes at Large, p. 200.]
June 22,1874. An Act providing for the collection of moneys due tKe
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 That the Secretary of the Treasurv be, and hereby is, di-
Treasury to re- ,-ij • , n" i
quire payment reeted to require payment of the railroad companies,
urrfVneferearn- their successors and assigns, or the successors or assigns
ings from Paci- 0f ai]y or either of said companies, all sums of money
fie railroad J -r-r • -i o
companies. due or to become due the United States tor the live per
vol. xi'i.,Cpp. 489- centum of the net earnings provided for by the act en-
49i864, ch. 216, titled "An act to aid in the construction of a railroad and
volxiii.,pp.356- telegraph line from the Missouri river to the Pacific
1873, ch. 226, ocean, and to secure to the government the use of the
ppf508-509^V11"' 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
Failure to pay'm case either of said railroad companies shall neglect or
daykinafterSide^ ref'use f° pay the same within sixty days after demand
manded to be therefor made upon the treasurer of such railroad com-
tomeye-Genemi" pany, the Secretary of the Treasury shall certify that
PACIFIC RAILROAD ACTS.
47
fact to the Attorney-General, who shall thereupon insti- Attomey-Gene-
tute the necessary suits and proceedings to collect and Juiti^d^prcf-
otherwise obtain redress in respect of the same in the ceedings.
proper circuit courts qf the United States, and prosecute To prosecute
the same, with all convenient despatch, to a final deter- Wlth desPatch-
mination.
Approved June 22, 1874.