the Secretary may require, so as to enable him to make the deduction herein required; and such affidavit shall then be filed and deposited in the office of the Secretary of the Interior. And any person swearing falsely to any such affidavit shall be deemed guilty of perjury, and on conviction Law shall not thereof shall be punished as aforesaid: Provided, also, That any no land granted by this act shall be conveyed to any party those specified in or parties, and no bonds shall be issued to any company or be construed to apply to the act. The Union Pacific Railroad Co., companies, party or parties, on account of any road or part thereof made prior to the passage of the act to which this act is an amendment, or made subsequent thereto under the provisions of any act or acts other than this act and the act amended by this act. SEC. 12. And be it further enacted, That the Leavenworth, Eastern Divis'n, Pawnee and Western Railroad Company, now known as branch from the Union Pacific Railroad Company, Eastern Division, Lawrence in two shall build the railroad from the mouth of Kansas river, shall build Leavenworth to years. by the way of Leavenworth, or, if that be not deemed the best route, then the said company shall, within two years, build a railroad from the city of Leavenworth to unite with the main stem at or near the city of Lawrence; but to aid in the construction of said branch the said company shall In default of not be entitled to any bonds. And if the Union Pacific ing built, the Railroad Company shall not be proceeding in good faith to proceed to build build the said railroad through the territories when the the main line be Kansas Co. may the same. shall be built via Topeka. Leavenworth, Pawnee and Western Railroad Company, now known as the Union Pacific Railroad Company, East ern Division, shall have completed their road to the hundredth degree of longitude, then the last-named company may proceed to make said road westward until it meets and connects with the Central Pacific Railroad Company on the Kansas road same line. And the said railroad from the mouth of the Lawrence and Kansas river to the one-hundredth meridian of longitude shall be made by the way of Lawrence and Topeka, or on the bank of the Kansas river opposite said towns: Provided, The line from That no bonds shall be issued or land certified by the built before United States to any person or company, for the construc shall be granted tion of any part of the main trunk line of said railroad west ridian and east of the one-hundredth meridian of longitude and east of the of Rocky Mount-Rocky mountains, until said road shall be completed from or near Omaha, on the Missouri river, to the said one-hundredth meridian of longitude. Omaha must be bonds or lands west of 100th me ains. Iowa and Minnesota companies SEC. 17. And be it further enacted, That so much of section may build the fourteen of said act as relates to a branch from Sioux City Sioux branch. City be, and the same is hereby, amended to read as follows: That whenever a line of railroad shall be completed through the States of Iowa or Minnesota to Sioux City, such company now organized or as may hereafter be organized under the laws of Iowa, Minnesota, Dakota, or Nebraska, as the President of the United States, by its request, may designate or approve for that purpose, shall construct and operate a line of railroad and telegraph from Sioux City, upon the most direct and practicable route, to such a point on, and so as to connect with, the Iowa brauch of the Union Pacific Railroad from Omaha, or the Union Pacific Railroad, as such company may select, and on the same terms and conditions as are provided in this act and the act to which this is an amendment, for the construction of the said Union and Pacific railroad and telegraph line and branches; and said company shall complete the same at the rate of fifty miles per year: Provided, That said Union Pacific Railroad Com- Union Pacific pany shall be, and is hereby, released from the construction of said branch. And said company constructing said branch shall not be entitled to receive in bonds an amount larger than the said Union Pacific Railroad Company would be entitled to receive if it had constructed the branch under this act and the act to which this is an amendment; but said company shall be entitled to receive alternate sections of land for ten miles in width on each side of the same along the whole length of said branch: * * * released from the construction of this branch. River Railroad Co. to and connect with main line. SEC. 18. And be it further enacted, That the Burlington Authorizes the and Missouri River Railroad Company, a corporation organ- Missouri Burlington and ized under and by virtue of the laws of the State of Iowa, extend its line be and hereby is authorized to extend is [its] road through the Territory of Nebraska from the point where it strikes the Missouri river, south of the mouth of the Platte river, to some point not further west than the one-hundredth meridian of west longitude, so as to connect, by the most practicable route, with the main trunk of the Union Pacific Railroad, or that part of it which runs from Omaha to the said one hundredth meridian of west longitude. * * * Provision as to how lands shall ton and Missouri SEC. 20. And be it further enacted, That whenever said Burlington and Missouri River Railroad Company shall issue to Burlinghave completed twenty consecutive miles of the road men River R. R. Co. tioned in the foregoing section, in the manner provided for other roads mentioned in this act, and the act to which this is an amendment, the President of the United States shall appoint three commissioners to examine and report to him in relation thereto; * Provided, That no goverment, Nogovernment bonds shall be issued to the said Burlington and Missouri to this company. bonds shall issue build the road. River Railroad Company to aid in the construction of said Ten years to extension of its road: And provided further, That said extension shall be completed within the period of ten years from the passage of this act. SEC. 22. And be it further enacted, That Congress may at any time alter, amend, or repeal this act. Approved, July 2, 1864. July 3, 1866. Vol. XIV, p. 79. Union Pacific CHAP. CLIX.-AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO Be it enacted by the Senate and House of Representatives of Railway Co. to the United States of America in Congress assembled, That designate general the Union Pacific Railway Company, Eastern Division, is before Dec. 1, hereby authorized to designate the general route of their route of road, &c., 1866. of road to be re said road, and to file a map thereof, as now required by law, at any time before the first day of December, eighteen hunLands on line dred and sixty-six; and upon the filing of the said map, served from sale. showing the general route of said road, the lands along the entire line thereof, so far as the same may be designated, shall be reserved from sale by order of the Secretary of the Am't of bonds Interior: Provided, That said company shall be entitled to only the same amount of the bonds of the United States to aid in the construction of their line of railroad and telegraph as they would have been entitled to if they had connected their said line with the Union Pacific railroad on the onehundredth degree of longitude as now required by law: to be the same as if, &c. March 3, 1869. Vol. XV, p. 324. CHAP. CXXVII-AN ACT TO AUTHORIZE THE TRANSFER OF LANDS Be it enacted by the Senate and House of Representatives of Union Pacific the United States of America in Congress assembled, That the Railway Company, Eastern Di Union Pacific Railway Company, Eastern Division, be, and tract with Den- it hereby is, authorized to contract with the Denver Pacific Railway and Telegraph Company, a corporation existing vision, to con ver Pacific Co. under the laws of the Territory of Colorado, for the construction, operation, and maintenance of that part of its line of railroad and telegraph between Denver City and its point of connection with the Union Pacific railroad, which point shall be at Cheyenne, and to adopt the road-bed already graded by the said Denver Pacific Railway and Telegraph Company as said line, and to grant to said Denver Pacific Railway and Telegraph Company the perpetual use of its right-of-way and depot-grounds, and to transfer to it all the rights and privileges, subject to all the obligations pertaining to said part of its line. * mortgage their SEC. 3. And be it further enacted, That said companies are Companies may hereby authorized to mortgage their respective portions of roads. said road, as herein defined, for an amount not exceeding thirty-two thousand dollars per mile, to enable them respectively to borrow money to construct the same; and that each Land patents. of said companies shall receive patents to the alternate sections of land along their respective lines of road, as herein defined, in like manner and within the same limits as is provided by law in the case of lands granted to the Union Pacific Railway Company, Eastern Division: Provided, That No bond subneither of the companies herein before mentioned shall be entitled to subsidy in United States bonds, under the provisions of this act. Approved March 3, 1869. sidy. No. 19.]-JOINT RESOLUTION FOR THE PROTECTION OF THE INTEREST April 10, 1869. Vol. XVI, p. 56. to be withheld cure the full com class road, of all Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, * SEC. 3. And be it further resolved, That the President is Subsidy bonds hereby authorized and required to withhold from each of sufficient to sesaid companies an amount of subsidy bonds authorized to pletion as a firstbe issued by the United States under said acts sufficient to sections of such secure the full completion as a first-class road of all sections road, &c. of such road upon which bonds have already been issued or in lieu of such bonds he may receive as such security an equal amount of the first-mortgage bonds of such company; and if it shall appear to the President that the amount of If the amount subsidy bonds yet to be issued to either of said companies insufficient, &c. is insufficient to insure the full completion of such road, he may make requisition upon such company for a sufficient to be issued is eral to institute amount of bonds already issued to said company, or in his discretion of their first-mortgage bonds, to secure the full Attorney-Gen- completion of the same. And in default of obtaining such necessary suits. security as [is] in this section provided, the President may authorize and direct the Attorney-General to institute such suits and proceedings on behalf and in the name of the United States in any court of the United States having jurisdiction, as shall be necessary or proper to compel the giving of such security, and thereby, or in any manner otherwise, to protect the interests of the United States in said road and to insure the full completion thereof as a firstclass road, as required by law and the statutes in that case made. Approved April 10, 1869. March 3, 1873. Vol. XVII, p. 485. Treasury to with certain railroad CHAP. CCXXVI.-AN ACT MAKING APPROPRIATIONS FOR THE LEGISLA- Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, * Secretary of the SEC. 2. That the Secretary of the Treasury is directed. hold payments to to withhold all payments to any railroad company and its companies for assigns, on account of freights or transportation over their freight, &c. respective roads, of any kind, to the amount of payments post, p.242. made by the United States for interest upon bonds of the United States issued to any such company, and which shall Companies may not have been reimbursed, together with the five per cent. Court of Claims. of net earnings due and unapplied, as provided by law; See R. S., 5260, bring suit in and any such company may bring suit in the Court of Claims to recover the price of such freight and transporta tion; and in such suit the right of such company to recover the same upon the law and the facts of the case shall be Appeal to Su- determined, and also the rights of the United States, upon Causes to have the merits of all the points presented by it in answer thereto by them, and either party to such suit may appeal to the Supreme Court; and both said courts shall give such cause or causes precedence of all other business. preme Court. precedence. |