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Ten build the road.

River Railroad Company to aid in the construction of said years to extension of its road: And provided further, That said ex

tension shall be completed within the period of ten years from the passage of this act.

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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.

CHAP. CLIX.-AN ACT TO AMEND AN ACT ENTITLED "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 1, 1862," APPROVED JULY 2, 1864.

Union

of road to be re

Be it enacted by the Senate and House of Representatives of Pacific the United States of America in Congress assembled, That Railway Co. to designate general the Union Pacific Railway Company, Eastern Division, is before Dec. 1, hereby authorized to designate the general route of their

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 Amtofabonds Interior : Provided, That said company shall be entitled to if, &c.

only the same amount of the bonds of the United States to aid in the constructiou 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 one. hundredth degree of longitude as now required by law:

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March 3, 1869. Vol. XV, p. 324.

CHAP. CXXVII -AN ACT TO AUTHORIZE THE TRANSFER OF LANDS
GRANTED TO THE UNION PACIFIC RAILWAY COMPANY, EASTERN
DIVISION, BETWEEN DENVER AND THE POINT OF ITS CONNECTION
WITH THE UNION PACIFIC RAILROAD, TO THE DENVER PACIFIC
RAILWAY AND TELEGRAPH COMPANY, AND TO EXPEDITE THE
COMPLETION OF RAILROADS TO DENVER, IN THE TERRITORY OF
COLORADO.

Be it enacted by the Senate and House of Representatives of Union Pacific the United States of America in Congress assembled, That the Railway Compavision,

, , , and tract with Den- it hereby is, authorized to contract with the Denver Pacific

Railway and Telegraph Company, a corporation existing

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 Cheyenve, 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 Den ver 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.

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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 respectirely 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 sub

sidy. neither 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.

No. 19.)-JOINT RESOLUTION FOR THE PROTECTION OF THE INTEREST April 10, 1869. OF THE UNITED STATES IN THE UNION PACIFIC RAILROAD COMPANY,

Vol. XVI, p.56. THE CENTRAL PACIFIC RAILROAD COMPANY, AND FOR OTHER PURPOSES.

*

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 withbold from each of suficient 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

amount of bonds already issued to said company, or in his

discretion of their first-mortgage bonds, to secure the full Attornego Gono completion of the same. And in default of obtaining such necessarv 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.

CHAP. CCXXVI.-AN ACT MAKING APPROPRIATIONS FOR THE LEGISLA.

TIVE, EXECUTIVE, AND JUDICIAL EXPENSES OF THE GOVERNMENT Vol. XVII, p. FOR THE YEAR ENDING JUNE 30, 1874, AND FOR OTHER PURPOSES. 485.

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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 Treasury to with hold payments to to withhold all payments to any railroad company and its companies Har assigns, on account of freights or transportation over their freight, &c.

respective roads, of any kind, to the amount of payments See R. S., 5260, 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;

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 precedence.

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.

Approved March 3, 1873.

May 7, 1878.

PUBLIC No. 57.)-AN ACT TO ALTER AND AMEND THE 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, AND ALSO TO
ALTER AND AMEND THE ACT OF CONGRESS APPROVED JULY SEC-
OND, EIGHTEEN HUNDRED AND SIXTY-FOUR, IN AMENDMENT OF
SAID FIRST-NAMED ACT.

Union Pacific Railroad.

Central Pacific Railroad.

Whereas, on the first day of July, anno Domini eighteen Ante, p. 223. hundred and sixty-two, Congress passed 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 ;" and

Whereas afterward, on the second day of July, anno Ante, p. 227. Domini eighteen hundred and sixty-four, Congress passed an act in amendment of said first-mentioned act; and

Whereas the Union Pacific Railroad Company, named in said acts, and under the authority thereof, undertook to construct a railway, after the passage thereof, over some part of the line mentioned in said acts; and

Whereas, under the authority of the said two acts, the Central Pacific Railroad Company of California, a corporation existing under the laws of the State of California, un. dertook to construct a railway, after the passage of said acts, over some part of the line mentioned in said acts; and

Whereas the United States, upon demand of said Central United States Pacific Railroad Company, have heretofore issued, by way Contral of loan and as provided in said acts, to and for the benefit of said company, in aid of the purposes named in said acts, the bonds of the United States, payable in thirty years from the date thereof, with interest at six per centum per annum, payable half yearly, to the amount of twenty-five Amount of. million eight hundred and eighty-five thousand one hundred and twenty dollars, which said bonds have been sold in the market or otherwise disposed of by said company; and

Whereas the said Central Pacific Company has issued Amount of and disposed of an amount of its own bonds equal to the Pacific Railroad amount so issued by the United States, and secured the posed of. same by mortgage, and which are, if lawfully issued and disposed of, a prior and paramount lien, in the respect mentioned in said acts, to that of the United States, as stated, and secured thereby; and

Whereas, after the passage of said acts, the Western Western Pacific Pacific Railroad Compauy, a corporation then existing under sigpeg of the Centhe laws of California, did, under the authority of Congress, become the assignee of the rights, duties and obligations of

bonds issued to

Pacific Railroad.

issued and dig.

tral Pacific.

1

Amount of Western Pacific

Western Pacific consolidated with

the said Central Pacific Railroad Company, as provided in
the act of Congress passed on the third of March, anno
Domini eighteen hundred and sixty-five, and did, under the
authority of the said act and of the acts aforesaid, construct

a railroad from the city of San José to the city of SacraUnited States mento, in California, and did demand and receive from the Western Pacific. United States the sum of one million nine hundred and

seventy thousand five hundred and sixty dollars of the bonds
of the United States, of the description before mentioned as
issued to the Central Pacific Company, and in the same
manner and under the provisions of said acts; and upon
and in respect of the bonds so issued to both said companies,
the United States have paid interest to the sum of more than
thirteen and a half million dollars, which has not been re-
imbursed ; and

Whereas said Western Pacific Railroad Company has bonds issued and issued and disposed of an amount of its own bonds equal disposed of.

to the amount so issued by the United States to it, and
secured the same by mortgage, which are, if lawfully issued
and disposed of, a prior and paramount lien to that of the
United States, as stated, and secured thereby; and

Whereas said Western Pacific Railroad Company has
Central Pacific. since become merged in, and consolidated with, said Central

Pacific Railroad Company, under the name of the Central
Pacific Railroad Company, whereby the said Central Pacific
Railroad Company has become liable to all the burdens,
duties, and obligations before resting upon said Western
Pacific Railroad Company; and divers other railroad com-
panies have been merged in and consolidated witb said
Central Pacific Railroad Company; and

Whereas the United States, upon the demand of the said
Union Pacific Railroad Company, hare heretofore issued
by way of loan to it and as provided in said acts, the bonds
of the United States, payable in thirty years from the date
thereof, with interest at six per centum per aupum, payable
half-yearly, the principal sums of which amount to twenty-
seven million two hundred and thirty-six thousand five
hundred and twelve dollars ; on which the United States
have paid over ten million dollars interest over and above
all reimbursements; which said bonds have been sold in
the market or otherwise disposed of by said corporation ;

and
Amount Whereas said corporation has issued and disposed of an
bonds of Union
Pacific issued and amount of its own bonds equal to the amounts so issued to it
disposed of.

by the United States as aforesaid, and secured the same by
mortgage, and wbich are, if lawfully issued and disposed

United States bonds issued to Union Pacific.

of

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