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States. It was further provided that the said act, so far as the same related to this road, should not take effect until the Secretary of the Interior should make and file a certificate in his office and the office of the secretary of state of Arkansas, stating that the said company liad reorganized its board of directors in a lawful manner, &c.
The certificate of the Secretary of the Interior, as above required, was made and filed May 13, 1867, on which date this office holds that the act, so far as it relates to this road, took effect. The road, therefore, should have been completed by May 13, 1877.
The road was fully completed from Little Rock to a point on the Arkansas River, opposite Fort Smith, prior to August, 1876, but as a small portion of the road (1.92 miles) was found to lie within the Indian Territory, the department declined to accept such portion of the road. The Commissioner of Indian Affairs subsequently required the company to remove their road from the Territory. In consequence of this action, 5.73 miles of the road were not completed within the time required by the act. This section of 5.73 miles was accepted by the then Secretary of the Interior February 25, 1879.
This office has always considered and treated this road as having been constructed in time.
On January 9, 1882, you approved two lists containing, respectively, 139,567.37 acres and 720 acres, which, added to the amount heretofore certified and patented, would be sufficient to satisfy the grant. In view, however, of proposed legislation, the land embraced in said lists has not been patented to the company.
IRON MOUNTAIN RAILROAD (IN ARKANSAS).
This grant was made by the second section of the act of July 4, 1866 for the purpose of aiding in the construction of a railroad from the point where the Iron Mountain Railroad intersects the southern boundary of Missouri to a point at or near the town of Helena, Ark., and was of the alternate odd-numbered sections for ten sections in width on each side of the road, with the right to indemnity for any lands, granted as aforesaid, which had been sold or disposed of when the line of said road was definitely fixed; such indemnity lands to be selected from the alternate oddnumbered sections not further than 20 miles from the line of the road.
The act required the completion of the road within five years from the 1st day of July, 1866, or by July 1, 1871.
No portion of the road has ever been definitely located or constructed, nor has any withdrawal of lands been made for its benefit. Conse. quently no estimate of the number of acres embraced in the grant is submitted.
RAILROADS IN MISSOURI.
IRON MOUNTAIN, NOW SAINT LOUIS, IRON MOUNTAIN AND SOUTHERN.
The grant for this road was by act of Congress approved July 4, 1866, and was of the alternate odd-numbered sections for ten sections in width on each side of the road, with the right to indemnity for any lands so granted which had been sold or disposed of by the United States when the line of the road was definitely fixed, such indemnity to be selected from the lands of the United States nearest to the tiers of sections granted as aforesaid and not more than twenty miles from the line of the road.
The road was required to be constructed within five years from the first day of July, 1866. Under this act the road was definitely located from Pilot Knob, Mo., to the Arkansas State line, in the year 1867.
In the month of January, 1871, the company applied to the department for authority to change the line of its road to a more westerly one.
By letter, dated February 27, 1871, addressed to Thomas Allen, president of the company, the then Secretary of the Interior refused this application, holding that the State and company were concluded by their own acts, and must be held to the original line. On June 8, 1871, the governor of Missouri certified to the completion of twenty consecutive miles of said road from Pilot Knob southwardly, toward the southern boundary of the State. This section of twenty miles was accepted by the department June 19, 1871, and is the only part of said road which was completed within the required period, so far as is known to this office.
In July, 1873, more than two years after the time for completing the road had expired, the company filed a map showing the line of its constructed road. This map showed that the road had been constructed by the more westerly route, being the one which the department had theretofore refused to recognize.
In a letter, dated July 1, 1873, accompanying said map, Mr. Allen, the president of the company, stated that the company claimed title to the lands granted along the line designated on the map therewith filed, by virtue of the construction and completion of the road.
The road as represented on said map was never accepted by the department, and no action other than to place the map and letter on file has been taken in relation thereto.
From Poplar Bluff, Mo., to the south boundary of the State, a distance of about twenty miles, the road is identical with the Cairo and Fulton, now Saint Louis, Iron Mountain and Southern Railroad Company's constructed road, which company having received the grant made to the State of Missouri by acts of February 9, 1853, and July 28, 1866, filed on the 22d of January, 1875, a map of its constructed road in said State. I am advised that the company (Iron Mountain) does not claim the lands granted, and that it has applied to the War Department for relief from the obligations imposed by the granting act. As to these facts, however, this office has no official information. No lands have been certified or patented to the company. Altbough the company has not for the last eight or nine years asserted its claim to the lands granted, the odd sections within ten miles and both the odd and even sections outside of ten and within twenty miles of the line of its road as definitely located, are withdrawn and reserved for its benefit.
RAILROADS IN MICHIGAN.
DETROIT AXD MILWAUKEE AND PORT HIUROX AND MILWAUKEE.
The grant for these companies was by act of June 3, 1856, and was for a road from Grand Haven to Flint and thence to Port Huron., The lands granted were the alternate odd-numbered sections for six sections in width on each side of the road, and in case when the line of said road was definitely fixed any of the lands granted as above had been sold or disposed of the State was authorized to select in alternate sections, and not further than fifteen miles from the line of the road, so much land as would be equal to the lands so sold or disposed of.
The act required the road to be completed within ten years.
That portion of the grant between Grand Haven and Owasso was conferred by the State upon the Detroit and Milwaukee Railroad Com. pany, and the portion between Owasso and Port Huron upon the Port Huron and Milwaukee Company.
The Detroit and Milwaukee road was definitely located in 1858, and the Port Huron and Milwaukee in 1857.
The grants were subsequently declared forfeited to the State, and were conferred on the
PORT FUROX AND LAKE MICHIGAN RAILROAD COMPANY.
The time for completing the road expired June 3, 1866.
On April 13, 1874, the governor of Michigan certified to the completion of 60 continuous miles of the Port Huron and Lake Michigan Railroad. This certificate, however, did not show the time of completion or the location of the portion completed.
I find, however, from certain papers on file, that the portion so completed lies between Lapeer and Port Huron. The road has evidently been fully completed from Grand Haven to Port Huron, although no evidence of such completion, except as to the 60 miles above mentioned, is on file in this office.
There have been certified for the Detroit and Milwaukee 30,998.75 acres, and for the Port Huron and Milwaukee 6,468.68 acres, being practically all the vacant lands in the limits of the grants.
By joint resolution of March 3, 1879, the reversionary interest of the United States in the lands certified for said roads was released to the State of Michigan.
JACKSON, LANSING AND SAGINAW, AND NORTHERN CENTRAL MICHIGAN, FORMERLY
AMBOY, LANSING AND TRAVERSE BAY,
This grant was to aid in the construction of a road from Amboy, by Hillsdale and Lansing, to some point on or near Traverse Bay, by act of June 3, 1856. The odd sections for six sections in width on each side of the road, were granted, with indemnity from the alternate sections within 15 miles of the line of the road, for any lands lost in the granted limits.
The State conferred the grant upon the Amboy, Lansing and Traverse Bay Railroad Company.
The road was definitely located from Amboy to a point on Little Trav. erse Bay, in the year 1858.
That portion of the grant which lies north of Michigan avenue, Lansing, was subsequently transferred to the Jackson, Lansing and Saginaw Railroad Company, and the portion south of that point to the Northern Central Michigan Railroad Company.
The act of June 3, 1856, required the entire road to be completed within 10 years. By the act of July 3, 1866, the time for completing the road was extended seven years from June 3, 1866, or until June 3, 1873.
The Amboy, Lansing and Traverse Bay Company had, prior to September 17, 1863, completed 28 miles of its road, extending from Lansing to Owasso.
November 1, 1873, the governor of Michigan certified to the comple. tion of the Northern Central Michigan Railroad from Lansing southward to Jonesville, a distance of 60 miles. The certificate does not show whether the said 60 miles were completed prior to June 3, 1873, or not.
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Between Jonesville and Amboy, a distance of about 20 miles, the road has not been built.
The Jackson, Lansing and Saginaw Company had completed its road from Owasso to a point in section 20, township 29 north, range 3 west, Otsego County, Michigan, a distance of 160.10 miles, prior to the expiration of the grant.
June 6, 1876, the governor certified to the completion of an additional section of 9.95 miles, and on January 17, 1882, the completion of 63, miles terminating at Mackinaw City, was certified to.
The road as constructed is some 50 miles longer than the line as definitely located. This is accounted for by the fact that the company, as authorized by the act of March 3, 1871, changed the northern ter. minus of its road from Traverse Bay to Mackinaw City, on the Straits of Mackinaw.
It was provided in this act that only the lands embraced within the limits of the grant as the same was originally located under the act of June 3, 1856, should be applicable to aid in building the road.
In the adjustment of this grant, it has been treated as a whole and the lands certified to the State accordingly. The odd sections within the limits of this grant are withdrawn.
MARQUETTE AND ONTOYAGOX.
The original grant for this road was by act of June 3, 1856, and was to aid in the construction of a railroad from Marquette to Ontonagon. The lands granted were the alternate odd-numbered sections for six sections in width on each side of the road, with indemnity from the alternate sections within fifteen miles of the line of the road. The road was definitely located from Marquette to Ontonagon in 1859.
By the act of March 3, 1865, the grant was increased to ten sections per mile, to be selected from the alternate odd-numbered sections within twenty miles of the line of the road.
The act of June 3, 1856, required the completion of the road within ten years. By act of June 18, 1864, the time was extended five years beyond the time fixed for the completion by the original act, and by joint resolution of May 20, 1868, the time was further extended until December 31, 1872.
The various other acts relating to this road and the effect of the same will be found in the accompanying tabular statement. The road was constructed from a point on the Bay de Noquet and Marquette Railroad, about 20 miles west of Marquette to L'Anse, a distance of 52 miles, prior to December 31, 1872.
From L'Anse to Ontonagon the road has not been constructed. The odd sections within the 20-mile limits of this grant are still withdrawn for the benefit of the road.
ONTONAGON AND STATE LINE, NOW ONTONAGON AND BRULE RIVER RAILROAD.
The grant for this road was by the act of June 3, 1856, and was for a railroad from Ontonagon to the Wisconsin State line. The grant was of the alternate odd-numbered sections for 6 sections in width on each side of the road, with indemnity to be selected from the alternate sections within 15 miles on each side of the road. The grant was conferred by the State upon the Ontonagon and State Line Railroad Company.
A grant of lands was also made to the State of Michigan by the act
June 3, 1856, to aid in the construction of a road from Marquette to the Wisconsin State line. This grant was conferred by the State upon the Marquette and State Line Railroad Company.
The Ontonagon and State Line and the Marquette and State Line Railroad Companies were subsequently consolidated with the Chicago, Saint Paul and Fond du Lac Railroad Company under the name of the latter.
The rights and franchises of this company were sold under a mortgage sale in 1859, and a new company known as the Chicago and Northwestern Railroad Company was formed by the purchasers.
On April 24, 1862, the board of control of the State of Michigan con. ferred the grant of lands which had been made for. the road from Marquette to the State line upon the Peninsula Railroad Company. This transfer was subsequently confirmed by the State legislature. On October 21, 1864, the Peninsula Railroad Company was consolidated with the Chicago and Northwestern Railroad Company under the latter name. Under the articles of consolidation all the rights, franchises, and property of the Peninsula Railroad Company became vested in the consoli. dated company. The road from Ontonagon to the Wisconsin line was definitely located in the year 1857. On April 10, 1860, the vacant lands outside of the 6-mile limits of the grant, were directed to be restored to market on June 18, 1860. On December 12, 1861, there were certified of the lands in the 6-mile limits: For the Ontonagon and State Line Railroad, 142, 430.23 acres; for the Ontonagon and State Line, and the Marquette and State Line Railroads, 41,619.25 acres; for the Ontonagon and State Line, and the Marquette and Ontonagon Railroads, 68,659.71 acres.
By joint resolution of July 5, 1862 (12 Stat., 620), it was provided that the words “Wisconsin State line” in the act of "June 3, 1856, should be construed to authorize the location of the line of road provided for in said act from Marquette to the Wisconsin State line, upon any eligible route from Marquette to the Wisconsin State line, near the mouth of the Menomonee River, touching at favorable points on Green Bay.
The State was further authorized to surrender to the United States all the lands which had been theretofore certified for the benefit of said railroad, and to receive in lieu thereof a like quantity of lands to be selected upon the line as relocated.
Under this resolution the road from Marquette to the Wisconsin State line was relocated, and on May 1, 1868, the governor of Michigan relinquished to the United States the lands which had been certified for the benefit of the Marquette and State Line Railroad Company, for the joint benefit of the Marquette and State Line and the Ontonagon and State Line Railroad Companies, and also for the joint benefit of the Ontonagon and State Line and the Marquette and Ontonagon Railroad Companies, the Chicago and Northwestern Railroad Company having previously released to the State its interest in said lands.
By letter, dated July 13, 1868, addressed to the soliciter of the Chica go and Northwestern Railroad Company, the then Commissioner of this office requested the company and the State to relinquish to the United States the 142,430.23 acres which had been certified for the benefit of the Ontonagon and State Line Railroad Company. On June 17, 1870, the Chicago and Northwestern Railroad Company relinquished to the State of Michigan its interest in said lands, and on August 14, 1870, the gov. ernor of said State, acting under the written opinion of the attorneygeneral of the State, relinquished the same to the United States.
The restoration of said lands was ordered by this office, and notice