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 grant, the Secretary decided that the lands could be legally certified, referring to the case of Schulenberg vs. Harriman hereinbefore quoted, opinions of AttorneyGeneral, November 29, 1879, case of Southern Minnesota Railroad Company, and October 26, 1880, case of Atlantic and Pacific Railroad Company. 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 Pensacola."

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 will 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 portion of the indemnity lands so certified. 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 evidence 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 353,212.68 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, Shreve port 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 even 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 sections 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

States. It was further provided that the said act, so far as the same related to this road, should not take effect until the Secretary of the Interior should make and file a certificate in his office and the office of the secretary of state of Arkansas, stating that the said company had reorganized its board of directors in a lawful manner, &c.

The certificate of the Secretary of the Interior, as above required, was made and filed May 13, 1867, on which date this office holds that the act, so far as it relates to this road, took effect. The road, therefore, should have been completed by May 13, 1877.

The road was fully completed from Little Rock to a point on the Arkansas River, opposite Fort Smith, prior to August, 1876, but as a small portion of the road (1.92 miles) was found to lie within the Indian Ter ritory, the department declined to accept such portion of the road. The Commissioner of Indian Affairs subsequently required the company to remove their road from the Territory. In consequence of this action, 5.73 miles of the road were not completed within the time required by the act. This section of 5.73 miles was accepted by the then Secretary of the Interior February 25, 1879.

This office has always considered and treated this road as having been constructed in time.

On January 9, 1882, you approved two lists containing, respectively, 139,567.37 acres and 720 acres, which, added to the amount heretofore certified and patented, would be sufficient to satisfy the grant. In view, however, of proposed legislation, the land embraced in said lists has not been patented to the company.

IRON MOUNTAIN RAILROAD (IN ARKANSAS).

This grant was made by the second section of the act of July 4, 1866' for the purpose of aiding in the construction of a railroad from the point where the Iron Mountain Railroad intersects the southern boundary of Missouri to a point at or near the town of Helena, Ark., and was of the alternate odd-numbered sections for ten sections in width on each side of the road, with the right to indemnity for any lands, granted as aforesaid, which had been sold or disposed of when the line of said road was definitely fixed; such indemnity lands to be selected from the alternate oddnumbered sections not further than 20 miles from the line of the road. The act required the completion of the road within five years from the 1st day of July, 1866, or by July 1, 1871.

No portion of the road has ever been definitely located or constructed, nor has any withdrawal of lands been made for its benefit. Consequently no estimate of the number of acres embraced in the grant is submitted.

RAILROADS IN MISSOURI.

IRON MOUNTAIN, NOW SAINT LOUIS, IRON MOUNTAIN AND SOUTHERN.

The grant for this road was by act of Congress approved July 4, 1866, and was of the alternate odd-numbered sections for ten sections in width on each side of the road, with the right to indemnity for any lands so granted which had been sold or disposed of by the United States when the line of the road was definitely fixed, such indemnity to be selected from the lands of the United States nearest to the tiers of sections granted as aforesaid and not more than twenty miles from the line of the road.

The road was required to be constructed within five years from the first day of July, 1866. Under this act the road was definitely located from Pilot Knob, Mo., to the Arkansas State line, in the year 1867.

In the month of January, 1871, the company applied to the department for authority to change the line of its road to a more westerly one. By letter, dated February 27, 1871, addressed to Thomas Allen, president of the company, the then Secretary of the Interior refused this application, holding that the State and company were concluded by their own acts, and must be held to the original line. On June 8, 1871, the governor of Missouri certified to the completion of twenty consecutive miles of said road from Pilot Knob southwardly, toward the southern boundary of the State. This section of twenty miles was accepted by the department June 19, 1871, and is the only part of said road which was completed within the required period, so far as is known to this office.

In July, 1873, more than two years after the time for completing the road had expired, the company filed a map showing the line of its constructed road. This map showed that the road had been constructed by the more westerly route, being the one which the department had theretofore refused to recognize.

In a letter, dated July 1, 1873, accompanying said map, Mr. Allen, the president of the company, stated that the company claimed title to the lands granted along the line designated on the map therewith filed, by virtue of the construction and completion of the road.

The road as represented on said map was never accepted by the department, and no action other than to place the map and letter on file has been taken in relation thereto.

From Poplar Bluff, Mo., to the south boundary of the State, a distance of about twenty miles, the road is identical with the Cairo and Fulton, now Saint Louis, Iron Mountain and Southern Railroad Company's constructed road, which company having received the grant made to the State of Missouri by acts of February 9, 1853, and July 28, 1866, filed on the 22d of January, 1875, a map of its constructed road in said State. I am advised that the company (Iron Mountain) does not claim the lands granted, and that it has applied to the War Department for relief from the obligations imposed by the granting act. As to these facts, however, this office has no official information. No lands have been certified or patented to the company. Although the company has not for the last eight or nine years asserted its claim to the lands granted, the odd sections within ten miles and both the odd and even sections outside of ten and within twenty miles of the line of its road as definitely located, are withdrawn and reserved for its benefit.

RAILROADS IN MICHIGAN.

DETROIT AND MILWAUKEE AND PORT HURON AND MILWAUKEE.

The grant for these companies was by act of June 3, 1856, and was for a road from Grand Haven to Flint and thence to Port Huron., The lands granted were the alternate odd-numbered sections for six sections in width on each side of the road, and in case when the line of said road was definitely fixed any of the lands granted as above had been sold or disposed of the State was authorized to select in alternate sections, and not further than fifteen miles from the line of the road, so much land as would be equal to the lands so sold or disposed of.

The act required the road to be completed within ten years.