way Company, and the grant from the junction of the Bayfield branch, as located, upon the Chicago and Northern Pacific Air Line Railway Company. No road has been built by the latter company.

The North Wisconsin company under its original name constructed 80 miles of road, and after its consolidation, on May 26, 1880, with the Chicago, Saint Paul and Minneapolis Railway, under the name of the Chicago, Saint Paul, Minneapolis and Omaha Railway Company, constructed 40 miles more, making 120 miles, all built after the expiration of the time when the road should have been completed.

The constructed road begins in the north half of the northeast quarter of section 20, township 29 north, range 19 west, and is continuous to the southeast quarter of the northwest quarter of section 18, township 43 north, range 7 west.

The estimated area of the grant is 1,408,452.69 acres. The State has received 843,497.56. The area of the grant for 120 miles (constructed road) is 768,000 acres. One hundred and six miles of the road as located are now unconstructed. The lands along the unconstructed road are still reserved from sale or entry.

WISCONSIN CENTRAL, FORMERLY PORTAGE, WINNEBAGO AND SUPERIOR.

The grant for this road was made by act of May 5, 1864, and required that the road should be completed in ten years. The original definite location by way of Ripon and Berlin to Stevens Point, and from thence to Bayfield and Superior, covering a distance of about 367 miles, was authorized by the act of June 21, 1866 (14 Stat., 360). By act of April 9, 1874, the time for the completion of the road was extended until December 31, 1876. By act of March 3, 1875, the company was authorized to straighten the line of its road between Portage City and Stevens Point, but it was provided that no lands south of Stevens Point, which might be found beyond 10 miles from the modified line when located, should go to the company under its grant, but such lands should revert to the United States and become part of the public domain, to be disposed of as other public lands, and that the acceptance of the provisions of the act by the company should be held to be a relinquishment of the same; and further provided that the act should not be construed as increasing the grant, or as granting to the company any lands what

ever.

By straightening the line of the road between the points mentioned the length thereof was decreased about 26 miles, leaving the line as thus finally located about 341 miles long.

The estimated area of the grant for 341 miles, after making a deduction because of the proximity of the line to Lake Superior, is 1,800,000 acres. By accepting the act of March 3, 1875, the company lost between Portage City and Stevens Point about 251,680 acres. The road constructed by the company from Portage City, by way of Stevens Point, to Ashland is continuous, and is 257 miles in length. As shown in the accompanying table, 231 miles thereof were built within the life of the grant, and 26 miles were constructed after it had expired.

The area of the grant for 257 miles is 1,644,800 acres, which, decreased by the lands lost between Portage and Stevens Point, leaves 1,393,120 acres. There has been approved to the State for this road 575,844.56 acres. No road has been constructed beyond Ashland.

The lands relinquished by the company in accepting the act of March 3, 1875, have been restored to homestead and pre-emption entry.

There has been no restoration of the lands withdrawn north of Stevens Point.

RAILROADS IN MINNESOTA.

The act of March 3, 1857, granted to the (then) Territory of Minne sota, for the purpose of aiding in the construction of certain railroads therein specified, every alternate section of land designated by odd numbers for six sections in width on each side of each of the roads so authorized. The act provides indemnity for lands within the primary limits of the grant that were sold, pre-empted, or otherwise appropriated prior to the definite location of each road. It also provides that the lands granted to the Territory "shall be subject to the disposal of the legislature thereof, for the purpose aforesaid and no other"; also

That the lands hereby granted to said Territory or future State shall be disposed of by said Territory or future State only in the manner following, that is to say: That a quantity of land not exceeding 120 sections for each of said roads and branches, and included within a continuous length of 20 miles of each of said roads and brauches, may be sold; and when the governor of said Territory or future State shall certify to the Secretary of the Interior that any 20 continuous miles of any of said roads or branches is completed, then another quantity of land hereby granted, not to exceed 120 sections for each of said roads and branches having 20 continuous miles completed as aforesaid, and included within a continuous length of 20 miles of each of such roads or branches, may be sold; and so from time to time until said roads and branches are completed; and if any of said roads or branches is not completed within 10 years no further sale shall be made, and the lands unsold shall revert to the United States.

An act of Congress, approved March 3, 1865, increased the grant for all roads and branches provided for in the act of March 3, 1857, to ten sections per mile, enlarged the limits within which indemnity lands might be taken, provided that said indemnity lands should in all cases be indicated by the Secretary of the Interior. Said act also provided for the patenting to the State of all lands selected thereunder, to the extent of ten sections per mile, extending along and opposite sections of 10 consecutive miles (in length) as fast as constructed and the construction certified to by the governor, and that the lands granted by this and prior acts should not be disposed of in any manner, except as the same were patented under the provisions of the act. The time for the completion of the several roads and branches was extended to eight years from the passage of the act, or to March 3, 1873, and in the event of failure to so complete said roads or branches, the lands undisposed of are to revert to the United States.

The following-described roads were provided for in the act (March 3, 1857) first named:

SAINT VINCENT EXTENSION OF SAINT PAUL AND PACIFIC, FORMERLY BRANCH LINE OF SAINT PAUL AND PACIFIC, NOW SAINT PAUL, MINNEAPOLIS AND MANITOBA.

This road was authorized by that portion of the act which provided for a "branch" (of main line Saint Paul and Pacific) "via Saint Cloud and Crow Wing to the navigable waters of the Red River of the North, at such point as the legislature of said State may determine." The northern terminus of said branch was fixed by the legislature of said Territory at Saint Vincent. An act of Congress approved July 12, 1862, authorized a new branch line to extend northeasterly to the waters of Lake Superior, in lieu of that part of the original branch extending "northwesterly from the intersection of the tenth standard parallel with the fourth guide meridian." An act of Congress approved March 3, 1871, provided—

That the Saint Paul and Pacific Railroad Company may so alter its branch lines that instead of constructing a road from Crow Wing to Saint Vincent, and from Saint

Cloud to the waters of Lake Superior, it may locate and construct, in lieu thereof, a line from Crow Wing to Brainerd, to intersect with the Northern Pacific Railroad, and from Saint Cloud to a point of intersection with the line of the original grant at or near Otter Tail or Rush Lake, so as to form a more direct route to Saint Vincent, with the same proportional grant of lands, to be taken in the same manner along said altered lines as is provided for the present lines by existing laws.

Said act also provided for a proper release by said company of all lands along the abandoned line. By an act approved March 3, 1873, the time for the completion of the road from Saint Cloud to Saint Vincent was extended nine months from the time limited by previous acts of Congress, or to December 3, 1873.

An act of Congress, approved June 22, 1874, extended the time for the completion to March 3, 1876, upon certain conditions to be accepted by the officers of the road before the act should become operative. Said conditions were not accepted by the company, and the act has been held by this office and the department to be inoperative.

The road was definitely located November 7, 1871, for a distance of 314 miles, between East Saint Cloud and Saint Vincent; 140 miles were constructed prior to December 3, 1873, and the remaining 174 miles December 23, 1879. It is proper to state, in this connection, that the legislature of Minnesota, by an act approved March 1, 1877, extended the time (so far as the State was concerned) for the completion of the road to January 1, 1881, upon the condition that the company, should not, in any manner, directly or indirectly, become seized of any right, title, interest, claim, or demand in or to any parcel of land lying and being within the granted or indemnity limits of the road, to which legal title had not been perfected in the company, upon which any person or persons had, in good faith, settled or acquired valuable improvements thereon prior to the passage of the act. Acceptance of the provisions of the act by the company was to be considered as a relinquishment of all the lands, to the extent of not to exceed 160 acres for each settler, so occupied by actual settlers. I have not been advised of the acceptance of the provision of said act by the company. Up to the present time 1,174,330.03 acres have been patented to the State for the benefit of the road. No portion of said amount (lands) was patented in advance of the construction of 10 miles opposite thereto. The whole road has been accepted by the department. (See Secretary's decision, June 10, 1880, General Land Office Report for that year, page 124.)

WESTERN RAILROAD, FORMERLY BRAINERD BRANCH SAINT PAUL AND PACIFIC.

This road was authorized by that portion of the act providing for a "branch" (of main line Saint Paul and Pacific)"via Saint Cloud and Crow Wing, to the navigable waters of the Red River of the North, at such point as the legislature of said State may determine," and embraced that portion of the original Saint Vincent branch located from near Saint Cloud (Watab) to Crow Wing, together with a "line from Crow Wing to Brainerd to intersect with the Northern Paicfic Railroad," authorized by the act of March 3, 1871, which also provided for the same proportional grant of lands, to be taken in the same manner as provided in the acts of March 3, 1857, and March 3, 1865, as above quoted. The act of March 3, 1873, extended the time for the completion of the road until December 3, 1873.

The act of June 22, 1874, referred to in connection with the Saint Vincent road, also applied to the Western Railroad, but is inoperative for the same reason as stated in said connection. The act of the legisla ture of Minnesota approved March 1, 1877, and above referred to, also em

braced the Western Railroad in its provisions, and extended the time for completion to March 1, 1878. The road as definitely located from Watab to Brainerd covered a distance of 54.21 miles, which was completed January 1, 1878; 16.13 miles of the road as located is within the Fort Ripley military reservation, and therefore the State is not entitled to any grant of land for said portion of the road. (See opinion of AttorneyGeneral in annual report of this office for 1881, pages 158 to 163, inclusive.) The State would be entitled to lands opposite 38.08 miles of road, or 243,712 acres, of which amount 121,462.31 acres were patented to the State April 11, 1879. Of this amount 12,346.24 acres lying within the Fort Ripley military reservation and erroneously patented have been relinquished by the State and company to the United States. The State and company have also relinquished 9,177.99 acres of said patented lands in favor of actual settlers, as provided by the act of legisla ture of March 1, 1877, hereinbefore referred to. Congress has not, however, authorized the acceptance of said release.

An act of Congress, approved July 4, 1866, granted to the State of Minnesota, to aid in the construction of certain railroads below named, every alternate section of land designated by odd numbers to the amount of five alternate sections per mile on each side of said river.*

Indemnity was provided by the act for such lands as the United States had sold, reserved, or otherwise appropriated, or to which the right of homestead settlement or pre-emption had attached prior to the definite location of each road. The lands granted were to be subject to the disposal of the legislature of Minnesota, for the purposes indicated by the act, and in no other way. Upon the completion of any section of 10 consecutive miles, patents are to issue for all the lands in alternate sections, designated by odd numbers, situated within twenty miles of the road so completed, and lying coterminous to said completed section of 10 miles, for the benefit of the road completing said section. The coterminous principle does not extend to such lands as may be taken to make up deficiencies, and no land to make up such deficiencies can be taken within 10 miles of the line of said roads. The roads authorized by the act were to be completed within ten years from the acceptance of the grant, failing which, the lands granted and not patented "shall revert to the United States."

THE SOUTHERN MINNESOTA RAILWAY EXTENSION

was authorized by that portion of the act which provided for a road "from Houston, in the county of Houston, through the counties of Fillmore, Mower, Freeborn, and Faribault, to the western boundary of the State," the grant having been accepted by the legislature of the State of Minnesota February 25, 1867, and conferred upon the Southern Minnesota Railroad Company, and subsequently upon the Southern Minnesota Railway Extension Company.

The road should have been completed by the first company chartered by the State, but as said company only completed the line from Houston to Winnebago City, a distance of 14944 miles, prior to February 25, 1877, the State, by act of legislature approved March 6, 1878, conferred the privileges appertaining to the uncompleted portion of the line upon the Southern Minnesota Railway Extension Company, under certain conditions, among others that the road should be constructed to Jackson, in Jackson County, before the end of the year 1879, and to *This grant is a grant of "quantity" as distinguished from a grant of "lands in place."

the west line of the State before the end of the year 1880. The road was constructed to the west boundary of the State by December 8, 1879, although the line, as constructed, deviated from the located line to a considerable extent, but only to such extent as was necessary to make it conform to the requirements of the act of State legislature. The matter of deviation from located line, and a complete history of the grant, together with the acceptance by the Secretary of the Interior of the line as constructed for 43 miles beyond Winnebago City, and a decision by the Secretary of the Interior that the grant was earned to the extent of the miles constructed, is fully shown in the annual report of this office for 1880, pages 116 to 118, inclusive. That portion of the line beyond the point (near Jackson City) above referred to was accepted by the Secretary of the Interior March 26, 1880, in a letter of that date addressed to this office, in which he also decided that the State of Minnesota was entitled to the land granted and earned, and directed the adjustment of the grant accordingly.

HASTINGS AND DAKOTA.

This road was authorized by that portion of the act of July 4, 1866, which provided for a road

From Hastings, through the counties of Dakota, Scott, Carver, and McLeod, to such point on the western boundary of the State as the legislature of the State may determine.

This grant was accepted by the State March 7, 1867. Prior to that time the governor of the State had approved a map of definite location fixing the western terminus of the road (which was not changed materially by the legislature), and on June 26, 1867, said map was approved by the Secretary of the Interior. The road as constructed is 202.1 miles in length, and was completed December 15, 1879. Certain modifications and adjustments were made to carry the construction of the road through several towns named in the act of acceptance. All departures in construction from the located line have, however, been approved by the department (see letter of Secretary of the Interior, dated April 17, 1880, on page 123 of annual report of this office for 1880), and this office directed to certify the lands in satisfaction of the grant. The State is entitled under the grant "to the amount of" 1,293,400 acres of land, if so much can be found vacant and unappropriated within the limits of the grant. Up to the present time but 312,770.27 acres have been conveyed to the State for the benefit of said road.

LAKE SUPERIOR AND MISSISSIPPI.

By the act of May 5, 1864, a grant was made to the State of Minnesota for a road "from the city of Saint Paul to the head of Lake Superior," of every alternate section of land designated by odd numbers to the amount of five alternate sections per mile on each side of the said railroad on the line thereof. The usual provision was made for indemnity lands, to be selected within twenty miles from the line of road. The act provides that upon certification by the governor of the State of the completion of any 20 miles of the road, patents shall be issued for the amount of land coterminous with the completed section, to which the State is entitled under the act; that the land shall be subject to disposal by the State for the purpose indicated by the act, and no other; also, that if the road is not completed within eight years from the date of the act, "no further patent shall be issued for said lands, and no further sale shall be made, and the lands unsold shall revert to the United States." An act of July 13, 1866, provided that if when the line of the road