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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 beretofore granted shall be deducted from the amount granted by this act; {also) that the railroad company receiving the previous grant of land inay assign their interest to said Atlantic and Pacitic 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 1, 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 operating 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 reciteil. 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 Iluron 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 ronte.

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 Grore 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 passage of this act.

The length of the main line is estimated at 122 miles, and the branch 224, making a total of 144} iniles. 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 companiy 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 inile on each side of the line as adopted by the company through the territories of the United States, and ten alternate sections per mile

on each side of the line in California. Exception is made of lands sold, reserved, or otherwise disposed of, and lands to which a pre-emption or homestead claim may have attached at the time the line of the road is definitely fixed. Indemnity is provided for lands thus lost to the grant out of alternate odd-numbered sections not more than ten miles from the limits of the sections granted. Provision is also made for indemnnity for lands lost by reason of the near approach of the line of the road to the boundary of Mexico, and also for mineral lands excluded from the grant out of odd-numbered sections nearest the line of the road.

The company was required to commence the construction of its road simultaneously at San Diego, Cal., and from a point at or near Marshall, Tex., and to complete the entire road within ten years after the passage of the act. The act, approved May 2, 1872 (17 Stat., p. 59), required that the road be so commenced and constructed as to secure the completion of the entire road between the points above named within ten years after the passage of said act. This extended the time for completion to May 2, 1882, and the grant is not strictly within the class to which the resolution now before me applies; but in view of the failure of the company to construct any part of its road eastward from San Diego, I have decided to submit the facts in the matter.

The length of the entire line is estimated at 1,483 miles. Proof of the construction of 181 miles of this road in Texas has been furnished, but no evidence of construction beyond that has reached this office.

From the western boundary of Arizona to the western boundary of Texas the Southern Pacific Railroad Company, having no land grant, has built and is operating a road almost entirely within the limits of the grant to the Texas Pacific Railroad Company, and for the greater portion of the distance practically on the line adopted by the Texas Pacific Company.

NEW ORLEANS, BATON ROUGE AND VICKSBURG RAILROAD COMPANY,

NOW NEW ORLEANS PACIFIC RAILWAY COMPANY.

By section 22 of the act approved March 3, 1871 (16 Stat., p. 573), granting lands to the Texas Pacific Railroad Company, this company was granted the same number of alternate sections of public lands in Louisiana as were by that act granted in California to said Texas Pacific Railroad Company (to the amount of ten alternate odd-numbered sections per mile), on each side of the line of the road.

The company was required to complete its road within five years from the passage of the act. The estimated length of the line of the road is 318 miles. No evidence of the completion of any portion of this road within the time required by law has been furnished.

Other information respecting the grants to corporations above described appears in the tabulated statement herewith transmitted.

All roads not herein before mentioned are believed to have been constructed within the statutory period.

The following statement completes the information asked for by the resolution :

COSTS OF SURVEYING, SELECTING, AND CONVEYING LANDS GRANTED

TO AID IN THE CONSTRUCTION OF RAILROADS.

By the act of Congress approved July 1, 1864 (13 Stat., p. 335), as revised, paragraph 7, section 2238 Revised Statutes, fees to be paid the

registers and receivers upon selections of lands under grants for railroad purposes were fixed.

Such fees have been paid on all selections forwarded to this office since July 1, 1864, the same having been fully collected by registers and receivers upon presentation of each list of selections.

A proviso in the act making appropriations for sundry civil expenses of the government, approved July 15, 1870 (16 Stat., p. 305), declares that before any land granted to the Northern Pacific Railroad Company shall be conveyed to any party entitled thereto under the grant, the cost of surveying, selecting, and conveying the same shall be paid by the company or party in interest.

The act making appropriations for the same purpose, approved July 31, 1876, contained the following proviso:

That before any land granted to any railroad company by the United States shall be conveyed to such company, or any persons entitled thereto under any of the acts incorporating or relating to said company, unless such company is exempted by law from the payment of such cost, there shall be first paid into the Treasury of the United States the cost of surveying, selecting, and conveying the same by said company or persons in interest (19 Stat., p. 121).

Being in an act making appropriations, the proviso of July 15, 1870, requiring the Northern Pacific Company to pay the costs of surveying and conveying lands granted to it escaped the attention of the branch of this office then charged with the adjustment of railroad grants, and I find no reference to it in the records until 1874. By letter of May 27, 1874, the resident attorney of said company was informed that no more patents would issue to the company until the expense of surveying and patenting 743,493.44 acres of land in Minnesota, for which patents had issued in 1873, should be paid.

The amount due from the company for the expense of surveying said land is $26,020.53; expense of conveying same, $161.85; making a total of $26,182.38.

It is understood that at the next session of Congress, after the date of said letter, the company sought relief from the payment of the cost of surveying, &c., and this may account for the fact that no further action was taken in the premises.

With the exception of one for 3,016.80 acres in Washington Territory, issued April 8, 1880 (upon which all costs were paid), no patents have issued to said company since May 27, 1874.

The provision in the act of 1876, making appropriations as stated, also escaped notice until 1878, when attention was called to it in connection with an application for patents to the Southern Pacific Railroad of California. The matter was presented to the department October 26, 1878, with an opinion that said company was exempt from the operation of this requirement so far as lands earned by construction prior to July 31, 1876, were concerned. In his decision of February 20, 1879 (Annual Report General Land Office for 1879, p. 115), your predecessor overruled this opinion.

Pursuant to this decision, on March 12, 1879, a demand was made upon the resident attorney of said company for the payment of the ex: pense of surveying and conveying 230,500.30 acres, patented October 20, 1877. To this the attorney replied, on the 14th of the same month, that he had advised the officers of the company of the demand and would communicate their answer as soon as received. No response by the company has reached this office.

I find that said company is indebted to the government for costs of

surveying and conveying lands embraced in several smaller patents, for which no demand appears to have been made.

The amount due from said company is as follows: Expense of surveying 320 acres in patent No. 8, dated September 30, 1876......

$14 40 Expense of conveying same.

1 90

$16 30 Expense of surveying 22,600.48 acres in patent No. 9, dated February 27, 1877......

1, 017 02 Expense of conveying same.

4 80

1,021 82 Expense of surveying 230,500.30 acres in patent No. 10, dated October 20, 1877....

10,718 52 Expense of conveying same.

26 30

10, 744 82 Expense of surveying 40 acres in patent No. 11, dated January 31, 1878....

1 80 Expense of conveying same.

2 50

4,30 Total amount due....

11, 787 24

The following amounts are due from the Central Pacific Railroad Company as successor to the California and Oregon Railroad Company. I find no record of any demand made therefor: Expense of conveying 45,282.79 acres in patent No. 4, dated April 19, 1077......

$11 75 Expense of surveying 238.26 acres in patent No. 5, dated May 21, 1877. $10 72 Expense of conveying same and 320 acres additional in same patent (surveys paid for)..

2 60

13 32 Expense of surveying 10,904.62 acres in patent No. 6, dated February 28, 1878...

490 70 Expense of conveying same.

4 20

494 90

Total amount due....

519 97

The Oregon and California Railroad Company are also indebted to the government for the expense of surveying 86,622.17 acres of land embraced in patent No. 5, dated June 18, 1877, $3,940.15, and expense of conveying the same, $26—making the total indebtedness $3,966.15, for which no demand appears to have been made. For reference, the amounts above given are here tabulated:

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It will be observed that in the case of the three companies last referred to the patents were all issued prior to the decision of your predecessor upon the act of 1876.

The failure to make and renew demands for payment was undoubtedly an oversight and due to the great pressure of business which has always

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