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Page SETTLERS' ADJUSTMENTS AND FORFEITURES-GENERAL.

Act of June 22, 1874—Entries on railroad lands may be completed and company select lieu lands..

381 Act of March 3, 1875—Settlers may locate on unoccupied lands_

382 Act of April 21, 1876—Entries prior to notice of withdrawal may be perfected..

382 Act of March 3, 1879—May enter 160 acres--Additional entries--

383 Act of July 1, 1879—Same --

387 Act of January 13, 1881- Settlers not qualified to enter may purchase. 381 Act of May 6, 1886-Patents to issue to settlers.-

385 Act of March 3, 1887-ForfeituresBona fide settlers may perfect claims. 385 Act of March 2, 1889— Price of forfeited railroad lands_

385 Act of August 29, 1890--Act of June 22, 1874, extended to settlers hav- • ing unrecorded patents.

383 Act of September 29, 1890_-Unearned lands forfeited-Settlers-Pur

chasers from the Northern Pacific Railroad Co. of certain lands in the State of Washington-Forfeited lands not to inure to the benefit of grantee---

389 Act of February 18, 1891-Extension of time for purchasers and settlers on forfeited lands to complete claims.--

391 Act of June 25, 1892—Extension of time to settlers and purchasers.

391 Act of August 5, 1892—Settlers on certain lands in North and South Dakota may complete title_

392 Act of January 31, 1893–Extension of time to settlers and purchasers-

394 Act of December 12, 1893-Same--

393 Act of January 23, 1896—Same--

395 Act of February 12, 1896—Purchase price to be paid to the Government- 396 Act of February 18, 1897—Extension of time to settlers and purchasers_. 396 Act of July 1, 1902--Relief of settlers on lands granted for wagon roads 397 SETTLERS ON ATLANTIC AND PACIFIC AND SOUTHERN PA

CIFIC RAILROAD LANDS.-Act of April 28, 1904—Settlers who have occupied railroad lands in New Mexico for 25 years-

397 Act of March 4, 1913--Indian settlers in Arizona, New Mexico, and California

39S Act of April 11, 1916—Time extended

395 SETTLERS ON NORTHERN PACIFIC RAILROAD LANDS.-Act of

October 1, 1890-Settlers on second' indemnity belt may select other lands

395 Act of June 3, 1896—Entrymen on second indemnity belt in Minnesota-Chippewa lands_--

400 Act of July 1, 1898-—Settlers on railroad lands—Lieu lands by railroadLieu lands by settlers.

401 Act of March 2, 1899—Selections in lieu of lands in Mount Rainier National Park

404 Act of March 2, 1901--Act of July 1, 1898, extended

405 Act of May 17, 1906-Same.

405 Act of February 27, 1917–Act of July 1, 1898, applicable to lands in Washington -

406 Act of February 28, 1919-Settlers on lands within certain Indian reservations in Montana

406 RAILROAD RIGHTS OF WAY.-Act of March 3, 1875—Rights of way, materials, station grounds, etc---

4107 Act of March 3, 1899--Survey plats of wagon road, railroad, or other right of way across forest reservations.

40S Act of February 27, 1901—Flowage rights over railroad lands in Minnesota

40S Act of June 26, 1906-Railroad rights of way in Oklahoma and Arizona confirmed

409 Act of June 26, 1906-Right of way forfeited where road is not constructed and five years have elapsed since location of road.

410 Act of February 25, 1909 Same -

410 Art of June 22, 1916-Right of way over Vancouver Barracks, Wash.. 411

Page.

RIGHTS OF WAY THROUGH INDIAN LANDS.--Act of March 2,

1899-Right of way through Indian lands.--
Act of June 21, 1906-Same_-
Act of June 25, 1910-Same..
DISPOSITION OF PART OF RIGHT OF WAY.-Act of May 25,

1920—Railroads may sell part of right of way for public roads--
Act of March 8, 1922—Disposition of abandoned portions of right of way-

412 416 415

416 417

Numerous grants of public lands have been made by Congress for the purpose of aiding in the construction of railroads. The most of these grants have been adjusted and closed, or practically so. The principal Acts, or parts thereof, donating lands for this purpose, which are of any special importance at the present time, are given on the following pages in connection with other laws relating to the subject.

GRANTS TO UNION PACIFIC AND CENTRAL PACIFIC

RAILROADS.

An Act To aid in the construction of a railroad and telegraph line

from the Missouri River to the Pacific Ocean, and to secure to the Government'the use of the same for postal, military and other purposes.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress asPacifc rallo sembled, That certain persons mentioned) are hereby road.

created and erected into a body corporate and politic in Name of corpo deed and in law, by the name, style, and title of " The ration.

Union Pacific Railroad Company;” and by that name shall have perpetual succession, and shall be able to sue and to be sued, plead and be impleaded, defend and be de

fended, in all courts of law and equity within the United Common seal. States, and may make and have a common seal; and the

said corporation is hereby authorized and empowered to

lay out, locate, construct, furnish, maintain, and enjoy a Railroad and continuous railroad and telegraph, with the appurtetelegraph.

nances, from a point on the one hundredth meridian of longitude west from Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, to the western boundary of Nevada Territory, upon the route and terms hereinafter provided, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this Act as herein set forth.

Right of way.

SEC. 2. And be it further enacted, That the right of way through the public lands be, and the same is hereby, granted to said company for the construction of said railroad and telegraph line; and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road, earth, stone, timber, and other materials for the construction

Materials.

Indian titles to be extin.

tions of land

Mineral lande.

Timber,

thereof; said right of way is granted to said railroad to
the extent of two hundred feet in width on each side of
said railroad where it may pass over the public lands,
including all necessary grounds for stations, buildings,
workshops, and depots, machine shops, switches, side
tracks, turntables, and water stations. The United
States shall extinguish as rapidly as may be the Indian guished.
titles to all lands falling under the operation of this Act
and required for the said right of way and grants here-
inafter made.

SEC. 3. And be it further enacted, That there be, and is Alternate sec hereby, granted to said company, for the purpose of aid- granted to coming in the construction of said railroad and telegraph pany. line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores thereon, every alternate section of public land, desig-, nated by odd numbers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits of ten miles on each side of said road, not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached, at the time the line of said road is definitely fixed : Provided, That all mineral lands shall be excepted from the operation of this Act; but where the same shall contain timber, the timber thereon is hereby granted to said company. And all such lands, so granted by this section, which shall not Lands, when

subject to settle be sold or disposed of by said company within three years ment, etc. after the entire road shall have been completed, shall be subject to settlement and preemption, like other lands, at a price not exceeding one dollar and twenty-five cents per acre, to be paid to said company. SEC. 4. And be it further enacted, That whenever said

lands, when and company shall have completed forty consecutive miles of how to issue. any portion of said railroad and telegraph line, ready for the service contemplated by this Act, and supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turnouts, watering places, depots, equipments, furniture, and all other appurtenances of a first class railroad, the rails and all the other iron used in the construction and equipment of said road to be American manufacture of the best quality, the President of the United States shall appoint three commissioners to Commissioners, examine the same and report to him in relation thereto; and if it shall appear to him that forty consecutive miles of said railroad and telegraph line have been completed and equipped in all respects as required by this Act, then, upon certificate of said commissioners to that effect, patents shall issue conveying the right and title to said lands to said company, on each side of the road as far as the same is completed, to the amount aforesaid; and patents shall in like manner issue as each forty miles of

* Amended by sec. 4 of the Act of July 2, 1864.

said railroad and telegraph line are completed, upon certificate of said commissioners. Any vacancies occurring in said board of commissioners by death, resignation,

or otherwise, shall be filled by the President of the Company, to United States: Provided, however, That no such comment on oath. missioners shall be appointed by the President of the

United States unless there shall be presented to him
a statement, verified on oath by the president of said
company, that such forty miles have been completed, in
che manner required by this Act, and setting forth with
certainty the points where such forty miles begin and
where the same end; which oath shall be taken before a
judge of a court of record.

Company to file assent.

Sec. 7. And be it further enacted, That said company shall file their assent to this Act, under the seal of said

company, in the Department of the Interior, within one To complete year after the passage of this Act, and shall complete said road.

railroad and telegraph from the point of beginning as herein provided, to the western boundary of Nevada Territory before the first day of July, one thousand eight hundred and seventy-four: Provided, That within two

years after the passage of this Act said company shall General route designate the general route of said road, as near as may to be designated in two years.

be, and shall file a map of the same in the Department of Map to be the Interior, whereupon the Secretary of the Interior shall

cause the lands within fifteen miles of said designated route or routes to be withdrawn from preemption, private entry, and sale; and when any portion of said route shall be finally located, the Secretary of the Interior shall cause the said lands hereinbefore granted to be surveyed

and set off as fast as may be necessary for the purposes Point of Juno- herein named: Provided, That in fixing the point of contion.

nection of the main trunk with the eastern connections, it shall be fixed at the most practicable point for the construction of the Iowa and Missouri branches, as hereinafter provided.

filed.

Central Pacific
Sec. 9.

The Central Pacific Railroad ComRailroad Com. pany may con pany of California, a corporation existing under the laws and utete maps of the State of California, are hereby authorized to conline.

struct a railroad and telegraph line from the Pacific coast, at or near San Francisco, or the navigable waters of the Sacramento River, to the eastern boundary of California, upon the same terms and conditions, in all respects, as are contained in this Act for the construction of said railroad and telegraph line first mentioned, and to meet and con

nect with the first mentioned railroad and telegraph line Companies to in the eastern boundary of California. Each of said file acceptance of this act. companies shall file their acceptance of the conditions of

this Act in the Department of the Interior within six months after the passage of this Act.

Sec. 10. * and in case said first-named com Central Pacific

may continue pany shall complete their line to the eastern boundary of construction.. California before it is completed across said State by the Central Pacific Railroad Company of California, said first-named company is hereby authorized to continue in constructing the same through California, with the consent of said State, upon the terms mentioned in this Act, until said roads shall meet and connect, and the whole line of said railroad and telegraph is completed; and the Central Pacific Railroad Company of California, after completing its road across said State, is authorized to continue the construction of said railroad and telegraph through the Territories of the United States to the Missouri River, including the branch roads specified in this Act, upon the routes hereinbefore and hereinafter indicated, on the terms and conditions provided in this Act in relation to the said Union Pacific Railroad Company, until said roads shall meet and connect, and the whole line of said railroad and branches and telegraph is completed.

Approved, July 1, 1862 (12 Stat. 489).

An Act To amend an Act entitled “An Act to aid in the construction

of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes," approved July first, eighteen hundred and sixty-two.

Sec. 4. And be it further enacted, That section three ac Amendments of

of July 1 of said Act be hereby amended by striking out the word 1862. “ five," where the same ocurs in said section, and by inserting in lieu thereof the word "ten;" and by striking out the word “ten," where the same occurs in said section, and by inserting in lieu thereof the word “twenty.” And section seven of said Act is hereby amended by striking out the word “fifteen," where the same ocurs in said section, and inserting in lieu thereof the word "twenty-five.” And the term “mineral land," wherever Mineral la nd the same ocurs in this Act, and the Act to which this is coal and iron. an amendment, shall not be construed to include coal and iron land. And any lands granted by this Act, or the Act to which this is an amendment, shall not defeat or impair any preemption, homestead, swamp land, or Preemption, other lawful "claim, nor include any government reser- rights

, ration or mineral 'lands, or the improvements of any fected. bona fide settler, or any lands returned and denominated as mineral lands, and the timber necessary to support his said improvements as a miner, or agriculturist, to be ascertained under such rules as have been or may be established by the commissioner of the gen

? Also see subtitle “Settlers, adjustments, and forfeitures."

not

af.

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