The Smoky Hill and Republican union. [volume], July 12, 1862, Image 1

About The Smoky Hill and Republican union. [volume] (Junction City, Kan.) 1861-1864

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JJTHE SMOKY IfflL AND BlPUBLICAN UNION. 4
"WE JOIN OURSELVES TO NO PARTY THAT DOES NOT CABBY THE FLAG, AND KEEP STEP TO THE MUSIC OF THE UNION."
JBy J31akely & Martin.
JUisrcTioisr, davisco., kansas, SxItiirday, july 12, 1862.
"Vol. I-ISTo. 3S.
'ii
mofo pll anb $cpfc'it tort,
I'L'BUSUED EVERV THCK5D.W MORJftoG BV
WiI.S.BLAKELYf GEO. VT. MARTIX,
JLt Junction City, Kansas.
OFFICE IX BRICK BUILDING. CORNER OF
SEVENTH & WASHINGTON Si's.
TtEMS OF SL'BbCKirTIOX :
One copy, one y.ir,
Ten copies, one year,
$2.00
- 15.00
Payment required in all cases in advance.
All )ajh.-re discontinued at the expiration of the
lime for which payment is received.
TKIIMS OK ADVtHTJSlNG :
One square, first insertion, - - $1.00
Each subsequent insertion, 50
en lines or less beinsj a square.
Yearly advertisements inserted on liberal terms.
J033WOHK
done -with dispatch, and in the latest style of
the art.
IC?' Payment required for 'all Job "Work on
delivery.
PACIFIC RAILROAD BILL.
A BILL to aid in the construction of n Railroad
and Telegraph line from the Missouri River to
the Pacific ocean, and to secure to the Govern
ment the use of the same for postal, military
and other purjKscs.
' lie it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That
Walter S. Burgess, William P. Blodgett,
Benjamin II. Cheever, Charles Fosdick
Fletcher, of Rhode Island; Augustus
Brewster, Henry P, Haven, Cornelius S.
Bushncll, Henry Hammond, of Connecti
cut; Isaac Sherman, Dean Richmond,
Royal Phelps, William H. Perry, Henry
A. Paddock, Lewis J. Stancliffe, Charles A.
Secor, Samuel R. Campbell, Alfred E. Til
ton, John Anderson, Azariah Boody, John
S. Kennedy, II. Carver, Joseph Field,
Benjamin F. Camp, Orville W. Childs,
Alexander J. Bergen, Ben. Holliday, D.
N. Barney, S Dc Witt Bloodgood, Wm. II.
Grant, Thomas W. Olcutt, Samuel B. Bug
gies, James B. Wilson, of New York;
Ephraini Marsh, Charles M. Harker, of
New Jersey ; John Edgar Thompson,
Benjamin Haywood, Joseph II, Scranton,
Joseph Hairison, George W. Cass, John
n. Bryant, Daniel J. Morrill, Thomas M.
Howe, Wm. Johnson, Robert Finney, John
A. preen, E. R. My re, Charles F. Welle,
junior, of Pennsylvania; Noah L. Wilson,
Amasa Stone, William A. Clement, S. L
L'llommcdieu, John Brough, William
Dennisou, Jacob Blickensdurfer, of Ohio;
William M. McPherson, It. W. Wells,
Willard P. Hall, Armstrong Beauty, John
(Jorby, of Missouri; S. J. llensloy, Peter
Donahue, C. P. Huntington, T. D. Judah,
Jas. Bailey, Jas. T. Ilvan, Charles Ilosmer,
Charles M.irah, D. O.' Mills, Samuel Bell,
Louis McLano, George W. Mowe, Charles
McLaughlin, Timothy Dame, Jno. R. Bob
inson, of California; John Achison and
John I). Wintcis, of the Territory of Ne
vada ; John D. Campbell, R. N. Rice,
Charles A. Trowbridge, Hansom Gardiner,
Charles W. Fenny, Chns. T. Gorham, Win.
McCounel, of Michigan ; William F. Cool
baugb, Lucius II. Langworthy, Hugh T.
Read, Hoyt Sherman, Lyman Cook, Samuel
R. Curtis, Lewis A. Thomas, Piatt Smith,
of Iowa; William B. Ogdcn, Charles G.
Hammond, Henry Farnum, Amos C. Bab
cock, W. Seldon Gale, Xehomiah Bushncll,
Lorenzo Bull, of Illinois ; Wm. II Swift,
Samuel T. Dana, John Bertram, Franklin
S. Stevens, Edward R. Tinker, of Massa
chusetts; Franklin Gorin, Labin J. Brad
ford, Johu T. Levis, of Kentucky; James
Dunning, Johu M. Wood, Edwin Noycs,
Joseph Eaton, of Maine ; Henry II. Bax
ter, Geo, W. Collamorc, Henry Kcyes,
Thomas H. CanGcld, of Vermont ; William
6. Ladd, A. M. Berry, Benj. F. Harding,
of Oregon; William Bunn, junior, John
Catlin, Levi Sterling. John Thompson,
Elihu L. Phillips, Walter D. Mclndoe, T.
B Soddard, E. II. Broadhead, A. II. 'Vir
gin, f Wisconsin ; Charles Paine, Thomas
A- Morris, David C Branham, Samuel
ijnna, Jonas Votaw, Jesse L. Williams,
Isaac C. Elston, of Indiana; Thomas
Swan, Chauncey Brooks, Edward Wilkins,
of Maryland; Frauds R. E. Cornell, David
Blakcly, A. D. Seward, Henry A, Swift,
Dwight Woodbury, John McCusick, John
11. Jones, of Minnesota; Jos. A. Gilmore,
Charles W. Woodman, of New Hampshire;
W. H. Grimes, J. C. Stone, Chester Thorn
Platte River, in the Territory of Nebraska,
to the western boundary of Nevada Terri
tory, 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. The capital etock of
said company ahall consist of one hundred
thousand shares of one thousand 'dollars
each, which shall be subscribed for and
held in not more than two hundred shares
by any one person, and shall be transfera
ble in such manner as the by-laws of said
corporation may provide. Tho persons
hereinbefore named, together with those to
oe appointed Dy tne secretary ot the Inter
ior, are hereby constituted and appointed
commissioners, and such body shall be call
ed the Board of Commissioners of the
Union Pacific Railroad and Telegraph Com
pany, and twenty-five shall constitute a
quorum for the transaction of business.
The first meeting of said board shall be
held at Chicago, at such time as the com
missioners from Illinois herein named shall
appoint, not more than three nor less than
ono month after the passage of this act,
notice of which shall bo given by them to
the other commissioners by depositing a call
therefor in tho post office at Chicago, post
paid, to their address at least forty days
before said meeting, and also by publishing
said notico in one daily newspaper in each
of tho cities of Chicago and St. Louis.
Said board shall organize by the choice
from its number of a President, Secretary,
and Treasurer ; and they shall require from
said Treasurer such bonds as may bo deem
ed proper, and may from time to time
increase the amount thereof as they may
deem proper. It shall be the duty of said
board of commissioners to open books, or
cause books to be opened, at such times and
at such principal cities in the United States
as they or a ouornm of them shall deter
mine, to receive subscriptions to the capital
stock of said corporation, and a 'cash pay
ment of ten per centum on all subscriptions,
and to receipt therefor. So soon as two
thousand shares shall be in good faith sub
scribed for, and ten dollars per share actu
ally paid into the treasury of the company,
the said president and secretary of said
board of commissioners shall appoint a time
and place for the first meeting of tho sub
scribers to the stock of said company, and
shall give notice thereof in at least one
newspaper in each State in which subscrip
tion books have been opened at least thirty
days previous to tho day of meeting, and
such subscribers as shall attend the meeting
so called, either in person or by proxy,
shall then and there elect by ballot not less
than thirteen directors for said corporation ;
and in such election each share of said capi
tal shall entitle the owner thereof to one
vote. The president and secretary of the
board of commissioners shall act as inspec
tors of said election, and shall certify under
their hands the names of the directors
elected at said meetins: ; and tho said corn-
such security as tho said board shall from
time to time require, and shall hold their
offices at the will and pleasure of the direc
tors. Annual meeting's of the stockholders
of the said corporation, for the choice of
officers (when they are to be chosen) and
for the transaction of annual business, shall
be holdcn at such time and place and upon
such notice as may be -prescribed in the
by-laws.
Sec. 2. And be it further enacted, That
of every kind and description, and in con
sideration of which said bonds may be
issued; and on the refusal or failure of
said company to redeem said bonds, or anv
part of them, when required so to do by
the Secretary of the Treasruy, in accord
ance with the provisions of this act, the
said road, with all the rights, functions,
immunities, and appurtenances thereunto
belonging,- and also all lands eranted to the
said company by tho United States, which
thr intiht nf n.n tL.ni.l. -i. ui: l J i. . : i . ? i .- i. . ..
- --6. w. nUj miuugu iu puuuu muua .ii me urne oi eaia ueiauii, snail remain in
uoj aau me same is nereoy granted to said the owuership of said company, may be
as, John Kerr, Werter R. Davis, Luther
C. Cballis, Josiah Miller, of Kansas ; Gil
bert G Moncll, Augustus Kountz, T. M
Marquette, Wm. II. Taylor, Alvin Saunders
of Nebraska; Johu Evans of .Colorada;
together with five commissioners to be ap
pointed by tho Secretary of tho Interior,
and all persons who shall or may be associ
ated with them, and their successors, are
hereby created and erected into a body
coporato nd politic, in, deed and in law,
by the name, style and title, of "The
Union Pacific Railroad Company ;" and by
that name shall have perpetual succession,
and shall be able to sue and be sued, plead
and be impleaded, defend and to be defend
ed, in all courts of law and equity within
tho United States, and may make and have
a common seal ; and the said coporation is
hereby authorized and empowered to lay
uot, locate, construct, furnish, maintain, and
enjoy a continuous railroad, and telegraph,
with the appurtenances,' from a point on the
one hondrcth meridian of longitude west
from Greenwich, between tho south mar
gin of the valley of the Republican River
tmssioners, secrotary and treasurer shall
thou deliver over to said directors all tho
properties, subscription books and other
books in their possession, and thereupon
'he duties of the said commissioners and
tho officers previously appointed by them
shall cease and determiuo forever, and
thereafter the stockholders shall constitute
said body politic and corporate. At the
time of the first and each tri-ennial election
of directors by the stockholders, two addi
tional directors shall be appointed by the
President of the United States, who shall
act with the body of directors; and to be
denominated directors on tho part of the
government; any vacancy happening in the
government directors at any time may be
filled by the President of the United States.
Tho directors to be appointed by the Presi
dent shall not be stockholders in the Union
Pacific Railroad Company. The directors
so chosen shall, as soon as may be after
their election, elect from their own number
a president and vice-president, and shall
also elect a treasurer ' and secretary. No
person shall be a director in said company
unless he be a bona fide owner of at least
five shares of stock in the said company,
except tho two directors to be appointed by
the President as aforesaid. Said company,
at any regular meeting of the stockholders
called for that purpose, shall have power to
mnke by-laws, rules and regulations as they
shall deem needful and proper, touching
the disposition of the stock, property, estate
and effects of the company, not inconsistent
herewith, the transfer of shares, the term
of office, duties and conduct of their officers
and servants, and all matters whatsoever
which may appertain to the concerns of
said company ; and the said board of direc
tors shall have power to appoint such engi
neers, agents and subordinates as may from
lime to time be necessary to carry into
effect the object of this act, and to do all
acts and things touching the location and
construction of said road and telegraph.
baid directors may require payment of
subscription to the capital stock, after due
uuuee, au sucn times ana in sucn propor
tions as they shall deem necessary to com
plete the railroad and telegraph within the
time in this act prescribed. Said president,
vice-president and directors shall hold their
offices for three years, nd until their suc
cessors arc duly elected and qualified, or
for such less time as the by-laws of the
corporation may prescribe ; and a majority
of said directors shall constitute a quorum
tor tne transaction ox business. The sec
$ud the north margin, of tho valley of the'retary and treasurer shall give bonds, with
company for tho construction of said rail
road and telegraph line; and tho right
power, and authority is hereby given to
said company to take from the public lands
adjacent to the line of Baid road, earth,
stone, timber, and other materials for the
construction thereof; said right of way'is
granted to said railroad to the extent of
200 feet in width on each sido of the line
of said railroad where it may pass over the
public lands, including all necessary grounds
for stations,buildings,workshops and depots,
machine-shopB, switches, side tracks, turn
tables, and water stations. The United
States shall extinguish as rapidly as may
be the Indian titles to all lands falling un
der the operation of this act, and required
for the said right of way and errants herein
after made.
Sec. 3. And be it further enacted, That
there be, and is hereby, granted to the said
company, for the purpose of aiding in the
construction' of said railroad and the tele
graph line, and to secure a speedy transpor
tation of tho mails, troops, muuitions of
war, and public stores, thereon, every alter
nate section of public land, designated by
odd numbers, to the amount of five alter
nate 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 dis
posed of by the United States, and to which
a pre-emption or homestead claim mny not
have attached at the time the line of said
road is definitely fixed: Provided, That
all mineral lands shall be excepted from
tho operation of this act ; but where the
same shall contain timber, the timber there
on shall be granted to said company. And
all such lands, so granted by this section,
which shall not be sold or disposed of by
said company within three years after tho
entire road shall have been completed,
shall bo subject to settlement and pre
emption like other land?, at a price not
exceeding ono dollar and twenty-five cents
per acre, to be paid to said company.
Sec. 4. And be it further enacted, That
whenever said company shall have comple
ted forty consecutive miles of any portiou
of said railroad and telegraph line, ready
for the service, contemplated by this act,
and supplied with all necessary drains, cul
verts, iaducts, crossings, sidings, bridges,
turn-outs, watering places, depots, equip
ments, furniture, and all other appurte
nances of a first class railroad, the rails and
all the other iron used in the construction
and equipment of said road to be of Amer
ican manufacture of the best quality, the
President of the United States shall appoint
three commissioners to examine tho same
and report to him in relation thereto; and
if it shall appear to him that forty consecu
tive 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 land to said company
on each side of tho road as far as the same
is completed, to the amount aforesaid ; and
patents shall in like manner issue as each
forty miles of said railroad and telegraph
line arc 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 United States; Provi
vided, however. That no euch commissioner
shall be appointed by the President of the
United States unless there shall be present
ed to him a statement verified on oath by
the President of said company, that such
forty miles have been completed, in the
manner required by this act, and setting
forth with certainty the points where such
forty miles begin and where the same end :
j which oath shall be taken before a judge of
a court of record.
Sec. 5. And be it further enacted, That,
for the purposes herein mentioned, the Sec
retary of tho Treasury shall, upon the cer
tificate in writing of said commissioners of
the completion and equipment of forty con
secutive milos of said railroad and telegraph,
in accordance wim me provisions ot tnis
act, issue to said company bonds of the
United States of 51000 each, payable
in thirty years after date, bearing ix
per centum per annum interest, said inter
est payable semi-annually,) which interest
may be paid in United States treasury
notes, or any other money or currency
which the United States have or shall de
clare lawful money and a legal tender, to
the amount of sixteen of said bonds per
mile for such section of forty miles; and to
secure the payment to the United States,
as hereinafter provided, of the amount of
bonds so issued and delivered to said com
pany, together with all interest thereon
which shall have been, paid by the United
States, the issue of said bonds and the
delievry to the company shall ipso facto
constitute a first mortgage on the whole
jine of the railroad and telegraph, together
Wim me roiling siock, natures ana property
taken possession of by the Secretary of the
Treasury, for the use and benefit of the
United States ; Provided, That this section
shall not apply to that part of any road
now constructed.
Sec. C. And be it further enacted, That
the grants aforesaid arc made upon condi
tion that said company shall pay said bonds
at maturity, and shall keep taid railroad
and telegraph line in repair and use, aud
shall at all times transport mails, troops,
and munitions of war, supplies, and public
stores upon slid railroad for the govern
ment, whenever required to do so by any
department thereof, and that the govern
ment shall at all times have the preference
in the use of tho same for all the purposes
aforesaid, (at fair and reasonable rates of
compensation, not to exceed the amounts
paid by private parties for the same kiud of
service;) and all compensation for services
rendered for tho government shall be ap
plied to the payment of said bonds and
interests until the whole amount is fully
paid. Said company may also pa' the
United States, wholly or in part, in tho
same or other boud3, treasury notes, or
other evidences of debt agaiust the United
States, to be allowed at par; and after
said road is completed, until said bonds and
interest arc paid, at least five per centum of
rue net earnings of said road shall also be
annually applied to the payment thereof.
Sec. 7. And be it further enacted, That
said company shall file their assent to this
act, under the seal of said company, in tho
Department of tho Interior, within one
year after the passage of this act, and shall
complete said railroad and telegraph from
the point of beginning, as hereinafter pro
vided, to tho 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 des
ignate the general routo of said road, as
near as may be, and shall file a map of the
same in the Department of the Interior,
whereupon the Secretary of the Interior
hhall causo tho lands within fifteen miles of
said route or routes to be withdrawn from
prc-emptiou, private entry and sale; and
when any portion of said route shall be
finally located, the Secretary of the Inter
ior shall causo the said lands hereinbefore
gaantcd, to be surveyed and set off as fast
as may be necessary for the purposes here
in named : Provided, That iu fixing the
point of connexion of the .main trunk with
the eastern connexions, it shall be fixed at
the most practicable point for the construc
tion of the Iowa and Missouri brauches, as
hereinafter provided.
Sec. 8. And be it further provided, That
the line of said railroad and telegraph shall
commence at a point on the ono hundredth
meridian of longitude west from Grccn
which, between tho 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, at a
point to he fixed by tho President of the
United States, after actual surveys ; thence
running westerly upon tho most direct,
central and practicable route, through the
territories of the United States, to the
western boundary of the Territory of Ne
vada, there to meet and connect with the
line of the Central Pacific Railroad Compa
ny of California.
Sec. 9. And be it further enacted, That
the Leavenworth Pawnee and Western
Rrailroad Company of Kansas, are hereby
authorized to construct a railroad aud tele
graph line, from the Missouri ltiver, at the
mouth of the Kansas River, on the south
side thereof, so as to connect with the
Pacific R. R. of Missouri, to the aforesaid
point on the one hundredth meridian of
longitude west from Greenwich, as herein
provided, upon the same terms and condi
tions in all respects a3 arc provided in this
act for the construction of the railroad and
telegraph line first mentioned, and to meet
and connect with the same at the meridian
of longitude aforesaid; and in case the
general route or line of road from the Mis
souri River to tho Rocky Mountains should
be so located as to require a departure
northwardly from the proposed line of said
Kansas railroad before it reaches the merid
ian of longitude aforesaid, the location of
said Kansas road shall be made so as to
conform thereto ; and said railroad through
Kansas shall be .so' located between the
mouth of the Kansas River, as aforesaid,
and the aforesaid point on the one hun
dredth meridian of longitude, that the
several railroads from Missouri and Iowa,
herein authorized to connect with the same,
can make connection within the limits pre
scribed in this act provided the same can
bo done without deviating from the geu'eral
direction of tho whole line to the Pacific
coast. The route in Kansas, west of the
meridian at Fort Riley, to the aforesaid
point, on the one hundredth meridian, of
longitude, to be subject to the approval of
be determined by him on actual survey.
And said Kansas company may proceed to
build said railroad to the aforesaid point,
on the one hundredth meridian of longitude
west from Greenwich, in the Territory of
Nebraska. Ibe Central Pacific Railroad
Company of California, a corporation exist
ing under the laws of the State of California,
are hereby authorized to construct a rail
road and telegraph lino from the Pacific
coast, at or near San Francisco, or the nav
igable 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 construe
tion ot said railroad and telegraph line
first mentioned, and to meet and connect
with the first mcutioncd, rail road and tele
graph line on the eastern boundary of
California. Each of said companies shall
file their acceptancaof the conditions of this
act in the Department of tho Interior
wilhiu six months after the passago of this
act.
Sec. 10. And be it further enacted, That
the said company, chartered by the State of
Kansas, shall complete ouo hundred miles
of their said road, commencing at the
mouth of the Kansas ltiver, as aforesaid,
within two years after filing their assent to
the conditions of this act, as herein provid
ed, and one hundred miles per year there
after, until tho whole is completed ; and the
said Central Pacific Bailroad Company of
uaiiiornia shall complete titty miles ot their
said road within two years atter filing their
assent to tho provisions of this act, as here
in provided, and fifty miles per year there
after, until the whole is completed ; and
atter completing their roads, respectively,
said companios, or either of them, may
unite upon equal terms with the first named
company in constructing so much of said
railroad and telegraph lino and branch rail
roads and telegraph lines in this act here
inafter mentioued, through the Territories
from the State of California to the Missouri
River, as shall then remain to be construct
ed, on tho same twrms and conditions as
provided in this act in relation to the said
Union Pacific Railroad Company. And
the Hannibal and St. Joseph Bailroad Co.,
the Pacific Railroad Company of Missouri,
and the first "named company, or either of
them, on filing their assent to this act, as
aforesaid, may unito upon equal terms,
under this act, with the said Kansas Com
pany in s constructing said railroad and
telegraph to said moridian of longitude,
with the consent of the said State of Kan-
has ; and in case said first-named companj
shall complete their line to the eastern
boundary of California before it is comple
ted across said State by the Central Pacific
Railroad Company of California, said first
named company is hereby authorized to
continue iu constructing the same through
California, with the consent of &aid 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 Kail
road Company of California, after complet
ing its road across said State, is authorized
to continue the construction of said railroad
and telegraph, through the Territories of
the United States to tho Missouri Biver,
including the branch roads specified in this
act, upon the routes hereinbefore and here
inafter indicated, on the terms and condi
tions 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 brauches
and telegraph is completed.
Sec. 11. And le it farther enacted, That
for three hundred miles of said road most
mountainous and difficult of construction,
to-wit: ono hundred and fifty mihjs west
ward ly from the eastern base of the Rocky
mountains, and one hundred and fifty miles
castwardly from the western base of the
Scrria Nevada mountains, said point to be
hxed by the President of the Uuitcd States,
the bonds to be issued to aid in the con
struction thereof shall be treble the number
per mile hereinbefore provided, and the
same shall be issued, and the lands herein
granted be set apart, upon the construction
of every twenty miles thereof, upon the
certificate of the commissioners as aforesaid,
that twenty consecutive miles of the same
arc completed ; and between the sections
last named of one hundred and fifty miles
each, tho bonds to be issued to aid in the
construction thereof shall bo double the
number per mile first mentioned, and the
same shall be issued, and tho lands herein
granted bo set apart, upon the construction
of every twenty miles thereof, upon the
certificate of the commissioners as aforesaid
that twenty consecutive miles of the same
aro completed: Provided, That no more
than fifty thousand of said bonds shall be
issued under this act to aid in constructing
the main line of said railroad and telegraph.
Sec. 12. And be it further enacted, That
whenever the route of said railroad shall
cross the boundary of any State or Terri
tory, or said meridian of longitude, the two
companies meeting or uniting there shall
agree upon its location at that point, with
reference to the most direct and practicable
through route, and in case of difference
between them a3 to said location the Presi
dent of the United States shall make said
location; the companies named in each
State and Territory to locate the road across
the same between the points soagreed upon,
except as herein provided. The track upon
tho entire line of railroad and branches
tho President of tho United States; and to shll be of uniform width, to be determined
by the President of the United States, so
that, when completed, cars can be run from
the Missouri river to the Pacific coast ; the
grades and curves thall not exceed the max
imum grades and curves of tho Baltimore
and Ohio railroad ; tho whole line of said
railroad and branches and telegraph shall
be operated and used for all purposes of
communication, travel and transportation,
so far as the public and government aro
concerned, as one connecting, continuous
line; and the companies herein named in
Missouri, Kansas, and California, filing
their assent to tho provisions of this act,
shall receive and transport all iron rails,
chairs, spikes, ties, timber, and all materials!
required for constructing and furnishing
said first mentioned lino between tho afore
said point on the one hundredth meridian
of longitude and western boundary of Ne
vada Territory, whenever the samo is re
quired by said first named company, at cost,
over that portion of roads of said companies
constructed under the provisions of this
act.
Sec. 13. And be it further enacted, That
the Hauuihal and St. Joseph Railroad
Company of Missouri may extend its road
from St. Joseph via of Atchisou to connect
and unite with tho road through Kansas,
upon filing its assent to the provision of
this act, upon the samo terms and condi
tions, iu all respects, for one hundred miles
in length next to the Missouri river, as arc
provided in this act for the construction of
the railroad and telegraph line first men
tioned, and may for this purpose use any
railroad charter which has been or may bo
granted by the Legislature of Kansas;
Provided, That if actual burvcy shall ren
der it desirable, the said company may con
struct their road, with the cousent of tho
Kansas Legislature, on tho most direct and
practicable route west from St. Joseph,
Missouri, so as to connect and unite with
the road leading from the western boun
dary of Iowa at anjT point cast of the ono
hundredth meridian of west longitude, or
with the main trunk road at such point;
but in no event shall lands or bonds bo
given to said company, as herein directed,
to aid in the construction of their said road
for a greater distance than one hundred
miles. And the Leavenworth, Pawnee aud
Western Bailroad Company of Kansas may
construct their road from Xcavenworth to
unite with the road through Kansas.
Sec. 14. And, be it further enacted That
the said Union Pacific Railroad Company
is hereby authorized and empowered to con
struct a single line of railroad and telegraph
from a point on the western boundary of
tho State of Iowa, to be fixed by the Presi
dent of the United States, upon the moat
direct and practicable route, to be subject
to his approval, so as to form a connexion
with the lines of said company at some
point on tho one hundredth degree of lon
gitude aforesaid, from the point of com
mencement ou tho western boundary of tho
State of Iowa, upon the same terms and
conditions in all respects as arc contained
in this act for the construction of the said
railroad and telegraph first mentioned; and
the said Union Pacific Railroad Company
shall complete ono hundred miles of tho
road and telegraph in this section provided
for in two years aftor filing their assent to
the conditions of this act, as by the terms
of this' aoc required, and at the rate of ono
hundred miles per year thereafter, until tho
whole is completed : Provided, That a fail
ure upon the part of said company to make
said connection in the time aforesaid, and
to perform the obligations imposed on said
company by this Ecction, and to opcrato
said road in the same manner as tho main
line shall be operated, shall forfeit to the
government of tho United States all tho
rights, privileges, and franchises granted to
and conferred upon said company by this
act. And whenever there shall be a raill
road completed through Minnesota or Iowa
to Sioux City, then the said Union Pacing
Railroad Company is hcrsby authorized and
required to construct a railroad and tele
graph from said Sioux City upon the most
direct and practicable routo. to a point on,
and so as to connect with the branch rail
road and telegraph in this section herein
before mentioned, or with the said Union
Pacific Railroad, said point of junction to
be fixed by thcTrcsideut of the United
States, not further west than the one hun
dredth meridian of longitude aforesaid, and
on the same terms and conditions as pro
vided in this act for the construction of the
Union Pacific Railroad aforesaid, and to
complete the same at the rate of one hun
dred miles per year; and Bhould said
company fail to comply with the require
ments ofv this act in relation to the said
Sioux City railrogd and telegraph, the said
company shall suffer the same forfeiture
precribed in relation to the Iowa branch
railroad and telegraph hereinbefore men
tioned. '
Sec. 15. And be it JUrther enacted, That
any other railroad company now incorpora
ted, or hereafter to be incorporated, shall
have the right to connect their road with
the road and branches provided for by this
act, a? such places and upon such just and
equitable terms as the President of th
United States may prescribe. Wherorer
the word company is used in this act it
shall be construed to embrace the words
their associates, successors and assigns, the
same as if the words had been properly,
added thereto. "i, ,-
Sec. 16. And be it further enacted. That,
at any time after the passage of this act all
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