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cessation of sales in that event is implied in the condition that the lands shall then revert; if the condition be not enforced, the power to sell continues as before its breach, limited only by the objects of the grant and the manner of sale prescribed in the act.
It was also held in said decision that where no action had been taken by legislative or judicial proceedings to enforce a forfeiture of the estate granted by the act of 1856, the title remains
In the State as completely as it existed on the day when the title by location of the route of the railroad acquired precision and became attached to the adjoining alternate sections.
SELMA, ROME AND DALTON, FORMERLY ALABAMA AND TEXNESSEE.
This road was authorized by that portion of the act which provided for the “Coosa and Alabama Railroad, from Selma to Gadsden.” A map of definite location of the line of route froin Selma, via Calera, Rome, Talladega, and Jacksonville, to Gadsden, a distance of 167.35 miles, was filed in this office March 27, 1858. The line of route, although indirect and tortuous, was approved by the Secretary of the Interior May 15, 1858.
On the 8th of June, 1859, a certificate of the governor of Alabama, dated June 4, 1859, was filed in this office, showing the construction of 100 miles of the road from Selma north. No further evidence of construction was received in this office until February 13, 1869, when a certificate was filed in this office by the governor of Alabama, dated Jan. uary 13, 1869, showing the construction of a railroad from Selma by way of Montrevalle, Columbia, Talladega, and Jacksonville, and thence to the Georgia State line, a distance of 171.754 miles.
The road as constructed did not follow the line of location beyond Jacksonville, neither was it ever completed to Gadsden, the line built running northeast from Jacksonville to the Georgia State line, instead of running from Jacksonville north west to Gadsden, leaving 23.42 miles (from Jacksonville to Gadsden) of the located line unconstructed. It will be observed that only 100 miles of the road were constructed within the period required by law, 143.93 miles were constructed upon the located line (43.93 miles being constructed after the time required by law), and had so much of the road been constructed within the proper period, it would have been entitled to 552,691 acres, provided there was that quantity of vacant lands within the limits of its grant.
On May 24, 1859, and May 7, 1860, there were selecions of land aggregating 440,700.16 acres, approved to the State of Alabama for the benefit of this road, and a portion of the lands so approved lie opposite the 23.42 miles of unconstructed road.
The act of May 23, 1872, confirmed to the State of Alabama for the sole use and benefit of the Selma, Rome and Dalton Railroad Company, the successors of the Alabama and Tennessee Railroad Company, all the lands previously certified to the said State for the benefit of the lastnamed company. Since the passage of said act, but 16,515.21 acres have been approved (May 19, 1875) to the State for the benefit of said road (Selma, Rome, and Dalton). The grant has not been adjusted, and the vacant odd sections, within the limits of the grant are still with: drawn for the benefit of the road.
SAVANNAH AND ALBANY. The seventh section of the act of March 3, 1857, granted to the State of Alabama for the purpose of aiding in the construction of a railroad
From the line of Georgia on the Chattahoochee River, to the City of Mobile, Alabama,
alternate sections of the public lands to the same extent and in the same manner, and upon the same limitations and restrictions in every respect, as was granted to aid in the construction of other railroads.
Under the act of June 3, 1856, above referred to, granting lands to the State of Alabama, April 21, 1857, the lands falling within the proba. ble limits of the road were withdrawn from sale or location. of location was filed, and no portion of the road was ever constructed. Tne reservation of lands for said road ceased March 3, 1867.
RAILROADS IN FLORIDA.
The act of May 17, 1856, granted to the State of Florida, to aid in the construction of certain railroads in said State, every alternate section of land designated by odd numbers, for six sections in width on each side of such roads. The provisions in said act for indemnity, for disposition of the lands by the legislature of said State, for the sale of such lands, and for the reversion of the unsold lands to the United States, in the event of failure to complete the roads within ten years, are identical with those contained in the act of June 3, 1856, above quoted, granting lands to the State of Alabama. The following described railroads are provided for by the act (May 17, 1856):
ATLANTIC, GULF, AND WEST INDIA TRANSIT, FORMERLY FLORIDA RAILROAD. This road was authorized by that portion of the act which provides for a road “from Amelia Island, on the Atlantic, to the waters of Tampa Bay, with a branch to Cedar Key on the Gulf of Mexico.” The lands falling within the probable limits of the road (main line and branch) were withdrawn from sale and location, by telegram, on the 17th May, 1856, and by Notice 568, September 9, 1856. On the 22d September, 1857, a map of definite location of that portion of the road from Fernandina to Cedar Keys, 155 miles in length, was filed in this office. Eighty-four miles of the road so located was on the main line, and 71 miles (from Waldo to Cedar Key) was the branch line complete. The whole of said 155 miles was completed in 1860, entitling the State to, say, 595,200 acres for the benefit of the road. Up to the present time but 290,183.28 acres have been approved to the State under this grant. Said lands were approved prior to January 7, 1860.
The reservation of lands on that part of the main line from Waldo to Tampa Bay, 150 miles in length, was not respected by this office after May 17, 1866, entries being permitted of all lands (unless otherwise reserved) outside and south of the 15-mile indemnity limits of the con. structed portion of the road. Under date of December 7, 1875, the president of the company, Mr. Yulee, transmitted a map showing the proposed route of the main line from Waldo to Tampa, and asked that the lands along the said line and within the limits prescribed by the act of May 17, 1856, be withdrawn for the benefit of the road. The map and accompanying papers were submitted to Secretary Chandler, who declined to receive or approve the map, and directed, by letter of April 27, 1876, that it be returned to Mr. Yulee. Secretary Chandler says in said letter that he does not question the principle established in the case of Schulenberg vs. Harriman; that the title which vested in the State by the grant and definite location of the road thereunder could not be divested by the mere failure to complete the road so located within the time fixed by the act, but that he finds nothing in that case to sustain the doctrine that the State retains the right for an indefinite period and long after the date fixed for the completion of the road to designate its route and thus give effect to the grant. He also held that failure to locate the road before the time fixed for the completion of the road should be regarded as evidence of abandonment of the grant.
On October 29, 1879, the company, through its attorney, filed in this office the map rejected by Secretary Chandler, and asked that it might, together with new and material evidence bearing upon the original locaiontof the road, which accompanied it (the map), be submitted to the then Secreretary of the Interior (Schurz) for review.
On the 10th of November, 1879, the map, evidence, and application for review were submitted to the Secretary. The evidence submitted showed conclusively that a map of definite location of the road from Waldo to Tampa was filed in this office by the engineer of the company December 14, 1860; which map being returned to him January 22, 1861, for the procurement of the governor's certificate, was lost or mislaid; and that the last map presented was a duplicate of the original map of definite location.
Secretary Schurz, after due consideration of the facts presented, held in effect that the return of the map as above related was unnecessary ; that it should have been accepted by this office, as it was undoubtedly recognized by the officers of the company, and by the State authorities, as the definite location of the road; and that the map was filed in the same manner as the surveys of previous portions of the line had been filed in the office of the secretary of state of Florida. The Secretary therefore approved the map and directed that the necessary withdrawal of lands be made to protect the rights of the company and secure the proper adjustment of the grant upon the line designated. Such withdrawal was ordered by this office and took effect March 26, 1881. It may be proper to state in this connection that the company have filed a formal waiver of all claims to lands within the limits of the road occupied by bona fide settlers at the date of said withdrawal. Upon the question of certifying lands to the State under the graut, the Secretary decided that the lands could be legally certified, referring to the case of Schulenberg vs. Harriman herein before quoted, opinions of AttorneyGeneral, November 29, 1879, case of Southern Minnesota Railroad Company, and October 26, 1880, case of Atlantic and Pacific Railroad Com. pany. The governor of Florida, under date of July 16, 1881, certifies to the completion of 44.88 miles of road from Waldo to Ocala.
PENSACOLA AND GEORGIA,
This road was authorized by that portion of the act which provides for a railroad “from Saint John's River at Jacksonville to the waters of Escambia Bay, at or near Pensacolą."
The Pensacola and Georgia Railroad Company was organized to construct that portion of the road running from Lake City to Pensacola, and the grant for that portion of the road conferred upon them by the State. Said company filed maps of definite location for said portion, which covered about 307 miles of road, prior to May 30, 1858. The lands falling within the probable limits of this road were withdrawn by telegram and letter of May 17, 1856, and May 23, 1856, by Notice 558.
No evidence of the construction of any portion of this road has been filed in this office, but the road is believed to be constructed and in operation from Lake City to Chattahoochee River, a distance of, say, 150 miles. Had the whole length of road located (307 miles) been constructed the State would have been entitled to 1,178,880 acres of land, provided so much vacant and unappropriated land could have been found within the limits of the grant. Prior to October 30, 1860, 1,275,579.52 acres were approved to the State for the benefit of this road. It wiil be observed that said amount exceeds, by 96,779.52 acres, the entire
amount that the State would have been entitled to had the whole length of road (307 miles, been constructed; also, that it exceeds by 699,579.52 acres the amount the State could properly receive and sell upon evidence of the construction of 150 miles of road. It should be stated, however, that, although the 1,275,579.52 acres lie opposite that portion of the road from Lake City to Pensacola, which was to be constructed by the Pensacola and Georgia Railroad Company, the whole quantity was approved to the State of Florida for the benefit of the road “from Saint John's River, at Jacksonville, to the waters of Escambia Bay, at or near Pensacola.”
Whether the State conferred any portion of the said 1,275,579.52 acres upon the Florida, Atlantic and Gulf Central Railroad Company (below referred to), which constructed that portion of the road from Jacksonville to Lake City, is not known to this office; but it is not probable that such action was taken, as the last-named road would only be entitled to a rtion of the indemnity lands so certified. The vacant unapproved and unselected lands in odd sections within the limits of the withdrawal for this road have not been restored to market for sale or entry.
FLORIDA, ATLANTIC AND GULF CENTRAL.
The company bearing the above name was authorized by the State to construct that portion of the road “from Saint John's River at Jacksonville to the waters of Escambia Bay, at or near Pensacola,” which was located from Jacksonville to Lake City, a distance of 59 miles. Said road is believed to be constructed and in operation, but no evi. dence to that effect is on file in this office or department. The construction of 59 miles of road within the proper period would entitle the State to 226,560 acres of land. Prior to October 6, 1860, 29,384.18 acres were approved to the State for the benefit of this road. No further ap: provals have been made for the benefit of said road; neither have the unselected or unapproved vacant odd sections within the limits of the grant been restored to sale or entry.
RAILROADS IN LOUISIANA.
VICKSBURG, SHREVEPORT AND TEXAS, NOW NORTH LOUISIANA AND TEXAS.
The grant of this road was by the act of June 3, 1856, and was to aid in the construction of a railroad from the Texas line in the State of Louisiana, west of the town of Greenwood, via Greenwood, Shreveport, and Monroe, to a point on the Mississippi River opposite Vicksburg. The lands granted were the alternate, odd-numbered sections, for six sections in width, on each side of said road; and in case the United States had, when the line of said road was definitely fixed, sold any sections granted as aforesaid, or to which the right of pre-emption had attached, the State was authorized to select from the lands nearest to the tiers of sections granted, but not farther than 15 miles from the line of the road, so much land in alternate sections as would be equal to the lands sold by the United States, or to which the right of pre-emption had attached.
The road was definitely located from the Mississippi River, opposite Vicksburg, to the Texas State line, a distance of 189 miles, in the year 1857. The act required that the road should be completed within ten years. On September 20, 1872, the governor of Louisiana certified to the completion, within the time specified in the granting act, of 94 miles
of said road, to wit, 20 miles extending from the Texas State line to the Red River, at Shreveport, and 74 miles from the Ouachita River, af Monroe, to the Mississippi River, opposite Vicksburg. That portion othe line between Monroe and Shreveport, 95 miles, has never been con structed.
Un October 7, 1859, there were certified to the State for the benefit of the said road 353,912.68 acres, and on January 10, 1874, 100,652.76 acres (being a part of the lands theretofore certified and lying opposite the constructed portion of the road) were recertified to the State.
All the vacant unselected and unapproved lands in odd sections within the limits of the grant are still withdrawn or reserved for the benefit of said road. The company has recently filed in this office copies of affidavits to the effect that it is now proceeding with the construction of the uncompleted portion of its road as rapidly as possible.
By the same act as that making the grant for the Vicksburg, Shreveport and Texas Road (act of June 3, 1856), a grant identical in its terms was also made to the State of Louisiana to aid in the construction of a railroad from New Orleans to the State line, in the direction of Jackson, Miss. This road was never definitely located or constructed. A withdrawal of lands for its benefit was ordered by letter from this office, dated June 16, 1856.
By telegraphic dispatch, dated February 6, 1857, the governor of Louisiana advised this office that he did not think the grant would be accepted. The restoration of the lands which had been withdrawn was ordered July 27, 1857.
RAILROADS IN ARKANSAS.
LITTLE ROCK AND FORT SMITH.
The original grant for this road was by act of Congress approved February 9, 1853, and embraced every alternate section of land desig. nated by eren numbers for six sections in width on each side of the road; and in case the United States had, when the line of said road was definitely fixed, sold any section or part of section so granted, or if the right of pre-emption had attached to any of said lands, then the State, through its duly appointed agent or agents, was authorized to select from the lands most contiguous to the lands granted, and within 15 miles from the line of the road, so much land in alternate sections as would be equal to the lands sold by the United States, or to which the right of pre-emption had attached.
In pursuance of this act the road was definitely located from Little Rock to Fort Smith in the year 1855.
The act required the completion of the road within ten years, to wit, by February 9, 1863. No portion of the road was constructed within the time required.
The act of July 28, 1866, reviving and extending the grant, granted all the alternate odd-numbered sections and parts of sections lying along the outer line of lands theretofore granted, and within five miles on each side thereof, excepting lands reserved or otherwise appropriated by law, or to which the right of pre-emption or homestead settlement had attached, with the proviso that the additional quantity of lands granted, when added to the lands theretofore granted, should not exceed ten sec tions for each mile of railroad. It was provided that if the whole of said road was not completed within ten years from the time when said act should take effect the lands unpatented should revert to the United