was located it should be found that the quantity of land intended to be granted by the act of May 5, 1864, was deficient by reason of the line thereof running near the boundary-line of the State, the company should be entitled

To take froni other public lands of the United States within 30 miles of the west line of said road such an amount of lands as shall make up such deficiency: Provided, That the same shall be taken in alternate odd sections, as provided for in said act.

The road as located is 154.42 miles in length, and it was completed February 28, 1873, instead of May 5, 1872, as required by the act. The quantity of land granted by the act is 988,288 acres, provided so much can be found vacant and unappropriated within the limits of the grant. Up to the present time 860,564 acres have been approved to the State for the benefit of said road. The road as constructed has been accepted by the department.

An act of Congress approved July 13, 1866, granted indemnity lands to the State of Minnesota in lieu of lands theretofore granted for the purpose of aiding in the construction of railroads that the United States might have sold or disposed of after the definite location of the road and prior to the withdrawal of said lands from sale. It was provided, however, that such grant should not be so construed as to diminish the quantity of lands previously granted to aid in the construction of the Lake Superior and Mississippi Railroad. Section 3 of the act provides for the certification of lands to the State.*

Also that

On the completion of any 10 miles of road the State may sell one-half the quantity of lands which said State is authorized to dispose of on the completion of 20 miles. It will be observed that sections 1, 3, and 4 of said act apply to all previous grants. No restoration of lands withdrawn and reserved for the benefit of railroads in the State of Minnesota has been made.

In several instances I have stated that by the construction of a certain number of miles of road a State would be entitled to a certain number of acres of land.

In estimating such number of acres I have simply multiplied the number of miles constructed by the number of sections per mile granted, and have not added to that amount the 120 sections or 76,800 acres authorized by several of the acts referred to to be sold in advance of the construction of any portion of the road, preferring to leave the matter of determining how much land shall revert to the United States, in case of forfeiture of a grant, to Congress.

This completes the statement of all facts deemed pertinent relative to grants of land made to States to aid in the construction of railroads.

CORPORATIONS.

The estimate of the areas within the limits of these grants herwith submitted, unless otherwise stated, embraces all the odd-numbered sections within the limits fixed by the granting acts as laid down upon the maps and diagrams in this office. Except where the area of the grant has been ascertained by actual examination of the records as stated, the amount given is without deduction for Indian or other reservations, overlapping grants, or other causes which operate to except land from the grants.

#

'The act of March 3, 1865, provides for patenting lands to the State.

Owing to sinuosities in the lines of these roads the quantities given are less than would be obtained by multiplying the number of sections granted per mile by the number of miles of road. The latter amount cannot be acquired under any grant restricted to lateral limits unless the road is practically a straight line.

NORTHERN PACIFIC RAILROAD COMPANY.

By the act of Congress approved July 2, 1864 (13 Stat., p. 365) lands were granted to aid this company in the construction of a railroad from a point on Lake Superior to Puget Sound, with a branch via the Valley of the Columbia River to a point at or near Portland, Oreg. The grant is of every alternate odd-numbered section to the amount of twenty alternate sections per mile on each side of the road where the line passes through the Territories, and ten alternate sections per mile on each side where it passes through States, excluding mineral lands, and lands reserved, sold, granted, or otherwise appropriated, or to which homestead, pre-emption, or other rights shall have attached at the date of filing of maps of definite location of the road in this office. Provision is made for indemnifying the company for lands lost to the grant by sale, reservation, homestead, and pre-emption settlements, or other disposition thereof, prior to the filing of such maps, out of alternate odd-numbered sections not more than 10 miles beyond the limits of the sections granted. The indemnity limits were extended 10 miles further on each side by joint resolution of May 31, 1870 (16 Stat., p. 378).

The grant is upon certain conditions, one being that the company should complete the entire road by the 4th day of July, 1876.

The second section of the joint resolution approved May 7,-1877 (14) Stat., p. 355), extended the time, for the completion of the road, two years.

The joint resolution approved July 1, 1868 (15 Stat., p. 255), amended the granting act, so as to require the completion of the entire road by July 4, 1877. Under date of June 11, 1879, the Secretary of the Interior held that the effect of the resolutions here cited was to extend the time for the completion of the road to July 4, 1879 (see General Land Office Report for 1879, p. 109 to 111).

The road, as definitely located or proposed, extends from the mouth of the Montreal River in Wisconsin to the headwaters of Puget Sound, in Washington Territory, an estimated distance of 2,055 miles. The length of the branch as estimated is 215 miles.

Maps on file in this office show that the road has been constructed as follows: From Northern Pacific Railroad Junction, in Minnesota, about 23 miles southwest of Duluth to a point on the east bank of the Yellowstone River, in Montana, a distance of 675 miles; from Wallula, Wash., northeastwardly to a point near Lake Pend d'Oreille, in Idaho, 225 miles, and from Kalama, Wash., northward to Tacoma on the headwaters of Puget Sound, 106 miles, making the total amount constructed 1,006 miles.

For detailed information respecting the length of the road in each of the several States and Territories through which the line passes; the estimated area of land embraced within the limits of the grant; number of miles constructed and uncompleted at the date fixed (July 4, 1879, see decision of Secretary Schurz before referred to) for completion of the entire road, as well as at the present time, and the number of acres patented to the company, reference is made to the accompanying tabulated statement.

CALIFORNIA AND OREGON RAILROAD COMPANY.

A grant of lands in aid of the construction of that portion of a road from the Central Pacific Railroad, in California, to Portland, Oreg., to be constructed in Califorian, was made to thiscompany by the act of Congress approved July 25, 1866 (14 Stat., p. 239).

The grant is of every odd-numbered alternate section of the public lands, not mineral, to the amount of twenty alternate sections per mile (ten on each side) of said railroad line. Provision is made for indemnity for any land within said limits lost to the grant by other grants, sales, reservations, homestead, pre-emption, or other claims, out of alternate odd-numbered sections nearest to and not more than 10 miles from the limits of the sections granted.

This act required the completion of the entire road on or before July 1, 1875.

By the act of June 25, 1868 (15 Stat., p. 80), the time for completing the road was extended to July 1, 1880. The estimated length of the line in California is 288 miles, of which the company constructed 152 miles, from a junction with the Central Pacific Railroad to Redding, prior to the time fixed for completing the road. No evidence of construction beyond Redding has been furnished this office.

This road is now known as the Oregon Branch of the Central Pacific Railroad.

OREGON CENTRAL RAILROAD COMPANY, NOW OREGON AND CALIFORNIA RAILROAD COMPANY.

The act approved July 25, 1866 (14 Stat., p. 239), made a grant of lands to aid in the construction of a railroad from the Central Pacific Railroad in California to Portland, Oreg. It provided that that portion of the road in Oregon should be built by, and the grant for the same conferred upon, such company as the legislature of said State should designate. This company was so designated.

The grant is of every alternate section of the public lands, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile (ten on each side) of said railroad line. Indemnity is provided for lands lost to the grant by other grants, sales, reservations, homestead, pre-emption, or other claims out of alternate odd-numbered sections nearest to and not more than 10 miles from the limits of the sections granted. The act required the completion of the entire road on or before July 1, 1875. By the act of June 25, 1868, the time for completing the road was extended to July 1, 1880.

The estimated length of the line in Oregon is 315 miles. Prior to July 1, 1880, 197 miles of road, from Portland to Roseburg, were constructed. No evidence of further construction has been furnished this office.

ATLANTIC AND PACIFIC RAILROAD COMPANY.

By the act of Congress approved July 27, 1866 (14 Stat., p. 292), lands were granted to this company to aid in the construction of a railroad from a point at or near the town of Springfield, in Missouri, to the Pacific coast, with a branch from the point at which the road strikes the Canadian River eastwardly to a point in the western boundary of the State of Arkansas at or near the town of Van Buren.

The grant is of every alternate section of the public land designated by odd numbers, to the amount of twenty alternate sections per

mile.

on each side of the line of the road through the Territories, and ten alternate sections per mile on each side when the road passes through States, excepting mineral lands, and lands sold, otherwise granted or appropriated, or to which pre-emption or other claims shall have attached at the time the line of said road is designated by a map thereof filed in this office. Indemnity is provided out of alternate odd-numbered sections, not more than 10 miles beyond the limits of the sections granted, for lands lost within the granted limits by reason of grants, sales, reservations, homestead, pre-emption, and other claims, prior to the filing of the map of the line of the road.

The third section of the act provides

That if said route [Atlantic and Pacific] shall be found upon the line of any other railroad route, to aid in the construction of which lands have been heretofore granted by the United States, as far as the routes are upon the same general line, the amount of land heretofore granted shall be deducted from the amount granted by this act; [also] that the railroad company receiving the previous grant of land may assign their interest to said "Atlantic and Pacific Railroad Company," or may consolidate, confederate, and associate with said company upon the terms named in the first and seventeenth sections of this act.

The Atlantic and Pacific consolidated with the Pacific and Southwestern Branch Railroad (a railroad authorized by act of June 10, 1852, from Saint Louis to the west boundary of Missouri), as to that portion of the road from Springfield to the west boundary of Missouri.

The whole of the main line was required to be completed by July 4, 1878. No time was fixed for the completion of the branch.

The length of the main line is estimated at 2,126 miles and the branch at 300, making in all 2,426 miles.

Prior to July 4, 1878, the road had been completed and accepted from Springfield, Mo., to Vinita, Ind. T., a distance of 125 miles; that portion between Springfield and Pierce City, Mo., being constructed by the Pacific and Southwestern Branch Railroad Company. Since that date 200 miles of road from a point near Isleta, N. Mex., to a point in Arizona, has been completed and accepted.

The first section of this portion of the road was accepted, and patent issued for 23,037.36 acres along said section, in accordance with the opinion of the Attorney-General, dated October 26, 1880 (Opinions of Attorneys General, vol. 16, p. 572).

It is understood that this company has completed and is now operat ing its road a distance of 150 miles west of the point in Arizona last mentioned, but no official evidence of such construction has reached this office. In addition to this it is claimed that the road has been graded a long distance beyond the terminus of this constructed road, but of course this office is without official evidence of this fact.

SOTTHERN PACIFIC RAILROAD COMPANY.

By section 18 of the act of July 27, 1866 (14 Stat., p. 292), granting lands to the Atlantic and Pacific Railroad Company, this company was authorized to connect with said company at such point near the boundary of California as they should deem most suitable for a railroad line to San Francisco.

To aid in the construction of such railroad it was enacted that this company should have grants of land similar to those to said Atlantic and Pacific Railroad Company, subject to all the conditions and limitations of said grants, with the same requirements as to time and manner of construction.

The grant, therefore, is to the amount of ten alternate odd-numbered sections per mile on each side of said road, with the same exceptions and the same provisions for indemnity as in the grant for the Atlantic and Pacific Railroad above recited. The road was also required to be completed by July 4, 1878.

The length of this road is estimated at 522 miles. Of this 232 miles were constructed and accepted prior to July 4, 1878, as follows: From San José southward to Tres Pinos, 50 miles, and from Huron east to Goshen and southeasterly to Mojave, 182 miles.

This office has no evidence of the construction of any portion of this road between San Francisco and San José, Tres Pinos and Huron, and Mojave and the State line, 290 miles in all.

It is understood that at San José a connection for San Francisco is made with another road over practically the same route.

OREGON CENTRAL RAILROAD COMPANY.

The act of May 4, 1870 (16 Stat., p. 94), made a grant of lands to aid this company in the construction of a railroad from Portland to Astoria, in Oregon, with a branch from a point near Forest Grove to the Yamkill River, near McMinville.

The grant is of each alternate section of the public lands, designated by odd numbers, nearest to said road, to the amount of ten alternate sections per mile on each side thereof. Mineral lands, and lands otherwise reserved or held by valid pre-emption or homestead rights at the date of the grant, are excepted. It is provided that in case the quantity of ten full sections per mile cannot be found on each side of the road, other lands, designated as aforesaid, on either side of any part of said road nearest to and not more than 25 miles from the track thereof may be selected to make up such deficiency.

The entire road was to be completed within six years from the pas sage of this act.

The length of the main line is estimated at 122 miles, and the branch 221, making a total of 1443 miles. Prior to the time fixed for the completion of the road 25 miles of the main line west of Portland and the entire branch line were constructed and accepted. No proof of the construction of any other portion of this road has been filed in this office.

The limits of this grant are partly in Washington Territory. No lands have been withdrawn for the grant in said Territory, and under date of December 20, 1877, the Secretary of the Interior declined a request for an order for such withdrawal, for the reason that the time fixed by the granting act for the completion of the road had expired and the greater part of the road was uncompleted. For this reason no estimate of the area embraced in the limits in Washington Territory has been made.

TEXAS PACIFIC RAILROAD COMPANY, NOW THE TEXAS AND PACIFIC RAILWAY COMPANY.

By the act of Congress approved March 3, 1871 (16 Stat., p. 573), a grant of lands was made to this company to aid in the construction of a railroad from a point at or near Marshall, Tex., to San Diego, Cal.

The grant is of every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile on each side of the line as adopted by the company through the territories of the United States, and ten alternate sections per mile