be sold for less

Remaining SEC. 2. And be it further enacted, That the sections and parts of seclands, &c. not to tions of land which by the aforesaid grant shall remain in the United than double the States, within ten miles on each side of said road, shall not be sold for minimum price. less than double the minimum price of public lands when sold: Provided, Settlers under That actual bona fide settlers under the pre-emption laws of the United

pre-emption

laws;

under the homestead act.

Conditions of this grant.

States may, after due proof of settlement, improvement, and occupation, as now provided by law, purchase the same at the price fixed for said lands at the date of such settlement, improvement, and occupation: Provided, also, That settlers under provisions of the homestead act, who make their settlement after the passage of this act and comply with the terms and requirements of said act, shall be entitled, within the said limits of ten miles, to patents for an amount not exceeding eighty acres each.

SEC. 3. And be it further enacted, That the grant of lands hereby made is upon condition that said company, after the construction of its road, shall keep it in repair and use, and shall at all times transport troops, munitions of war, supplies, and public stores upon its road for the government of the United States, free from all cost or charge therefor to the government, when required to do so by any department thereof. And Granted lands the lands hereby granted shall inure to the benefit of said company, as to inure to bene- follows: When the governor of the State of Kansas shall certify that any fit of company as follows. section of ten consecutive miles of said road is completed in a good, substantial, and workmanlike manner as a first-class railroad, then the said Secretary of the Interior shall issue to the said company patents for so many sections of the land herein granted within the limits above named, and coterminous with said completed section hereinbefore granted; and when certificates of the governor aforesaid shall be presented to said Secretary of the completion, as aforesaid, of each successive section of ten consecutive miles of said road, the said Secretary shall in like manner issue to said company patents for the land for each of said sections of road as in the first instance, until said road shall be completed: Provided, That if said road is not completed within ten years from the date of the acceptance of the grant hereinbefore made, the lands remaining unpatented shall revert to the United States.

If road is not completed in ten years, unpatent

ed lands to revert.

SEC. 4. And be it further enacted, That as soon as said company shall When maps of route of road are file with the Secretary of the Interior maps of its line, designating the route filed, lands to be thereof, it shall be the duty of of said Secretary to withdraw from the market the lands granted by this act, in such manner as may be best calculated to effect the purposes of this act and subserve the public interest.

withdrawn from

market.

United States mail to be carried.

Right of way through public

the railroad.

Materials for

SEC. 5. And be it further enacted, That the United States mail shall be transported on said road, and under the direction of the Post Office Department, at such price as Congress may by law provide: Provided, That until such price is fixed by law the Postmaster-General shall have power to fix the compensation.

SEC. 6. And be it further enacted, That the right of way through the lands granted for public lands be, and the same is hereby, granted to said Pacific Railroad Company, southern branch, its successors and assigns, for the construction of a railroad as proposed: and the right is hereby given to said corporation to take from the public lands adjacent to the line of said road material for the construction thereof. Said way is granted to said railroad to the extent of one hundred feet in width on each side of said road where it may pass through the public domain; also all necessary ground for station buildings, work-shops, depots, machine-shops, switches, side-tracks, turn-tables, and water-stations.

construction. Extent of grant of right of way. Grounds for stations, &c.

Acceptance of terms, &c. of this

act to be in writing and within

one year.

SEC. 7. And be it further enacted, That the acceptance of the terms, conditions, and impositions of this act by the said Pacific Railroad Company southern branch, shall be signified in writing, under the corporate seal of the said company, duly executed pursuant to the direction of its board of directors first had and obtained, which acceptance shall be made within

one year after the passage of this act, and not afterwards, and shall be deposited with the Secretary of the Interior.

southern

SEC. 8. And be it further enacted, That said Pacific Railroad Company, Pacific Railsouthern branch, its successors and assigns, is hereby authorized and em- road Company, powered to extend and construct its railroad from the southern boundary branch, may exof Kansas, south through the Indian Territory, with the consent of the tend its road, Indians, and not otherwise, along the valley of Grand and Arkansas through Indian Territory, by rivers, to Fort Smith, in the State of Arkansas; and the right of way consent, to Fort through said Indian Territory is hereby granted to said company, its suc- Smith. Right of way cessors and assigns, to the extent of one hundred feet on each side of through Indian said road or roads, and all necessary grounds for stations, buildings, work- Territory, and shops, machine-shops, switches, side-tracks, turn-tables, and water-stations. ground for stations, &c. SEC. 9. And be it further enacted, That the same grant[s] of lands When Indian through said Indian Territory are hereby made as provided in the first title is extinsection of this act, whenever the Indian title shall be extinguished by Territory, and guished in Indian treaty or otherwise, not to exceed the ratio per mile granted in the first lands become section of this act: Provided, That said lands become a part of the public public lands, lands of the United States.

grant thereof to company. Company may acquire title

from certain

SEC. 10. And be it further enacted, That said Pacific Railroad Company, southern branch, its successors and assigns, shall have the right to negotiate with, and acquire title to land for railroad purposes from, any Indians. Indian nation or tribe authorized by the United States to dispose of lands, and from any other nation or tribe of Indians through whose lands said railroad may pass, subject to the approval of the United States, or from any company or parties incorporated or authorized for such purposes, by such nation or tribe, or which such parties may have acquired under the laws of the United States.

company may

SEC. 11. And be it further enacted, That any railroad company char- Any railroad tered under any law of the United States, or of any State which may unite with this have been heretofore or shall hereafter be organized by any act of the company, after, Congress of the United States, may connect, unite, and consolidate with &c. this railroad company, after the same shall be located to the valley of the Neosho or Grand River, upon just, fair, and equitable terms, to be agreed upon between the parties, as shall not be against the public interest, or the interest of the United States.

APPROVED, July 26, 1866.

CHAP. CCLXXVII.—An Act to incorporate the Washington Temperance Society of July 27, 1866. the City of Washington, District of Columbia.

Name.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That John S. Hollingshead, Washington William G. Flood, Christopher Cammack, senior, Asbury Lloyd, John Society incorTemperance B. Wheeler, Zach. B. Brooke, Ros. A. Fish, George W. Maher, Wm. P. porated. Drew, Wm. H. Nally, Thomas B. Marche, Oscar Alexander, William Dixon, and others who now are or may hereafter become members of said society, and their successors, are hereby declared to be one community and body corporate by the name, style, and title of the Washington Temperance Society of Washington City and District of Columbia; and by that name they shall be, and are hereby, made able and capable in law to have, receive, and retain to them and their successors property real and personal, also devises and bequests of any person or persons, bodies corporate or politic, capable of making the same, and the same to dispose of or transfer at their pleasure in such manner as they may think proper: Provided always, That the said corporation shall not at any time hold or possess property, real, personal, or mixed, exceeding in value the sum of twenty-five thousand dollars, other than that which may be invested in a hall to be erected for the purposes of the society.

SEC. 2. And be it further enacted, That the said corporation and their

Corporate powers.

Limit to amount of property.

Corporate powers.

Meetings, bylaws, &c.

Corporation

not to issue notes, &c. as currency.

Act may be altered, &c.

Atlantic and Pacific Railroad Company incorporated. Corporators.

successors, by the name and title aforesaid, shall be capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all or any courts of justice, and before all and any judges, officers, or persons whatsoever, in all and singular actions, matters, or demands whatsoever.

SEC. 3. And be it further enacted, That the said corporation shall have power to hold stated meetings; to establish and put into execution, alter or abolish such by-laws, rules, and regulations as to them shall seem most conducive to the interests of the society: Provided, That the same shall not be contrary to the laws of the United States.

SEC. 4. And be it further enacted, That nothing in this act shall be so construed as to authorize the said corporation to issue any note, token, device, or other evidence of debt to be used as a currency.

SEC. 5. And be it further enacted, That this act may be altered or repealed at the pleasure of the Congress.

APPROVED, July 27, 1866.

July 27, 1866. CHAP. CCLXXVIII. -An Act granting Lands to aid in the Construction of a Rail road and Telegraph Line from the States of Missouri and Arkansas to the Pacific Coast. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That John B. Brown, Anson P. Morrill, Samuel F. Hersey, William G. Crosby, Samuel E. Spring, Samuel P. Dinsmore, of Maine; N. S. Upham, Frederick Smyth, Onslow Stearns, S. G. Griffin, William E. Chandler, of New Hampshire; T. W. Parke, H. H. Baxter, John Gregory Smith, A. P. Lyman, of Vermont; Walter S. Burges, William S. Slater, Stephen Harris, Thomas P. Shepard, of Rhode Island; William Merritt, Alexander H. Bullock, George L. Stearns, Genery Twitchell, Charles H. Warren, Chester W. Chapin, of Massachusetts; John Boyd, Robert C. Wetmore, John T. Wait, Cyrus Northrop, of Connecticut; Solon Humphreys, J. Bigler, Homer Ramsdell, Isaac H. Knox, John A. C. Gray, Daniel L. Ross, A. V. Stout, M. K. Jessup, R. E. Fenton, E. L. Fancher, J. C. Fremont, James Hoy, Jesse M. Bolles, Edward Gilbert, James P. Robinson, Oliver C. Billings, of New York; Charles Bachelor, John Edgar Thompson, Morton McMichael, T. Haskins Du Puy, Thomas A. Scott, Charles Rickettson, William Lyon, George W. Cass, Levi Parsons, of Pennsylvania; Charles Knap, J. L. N. Stratton, James B. Dayton, Robert F. Stockton, Alexander G. Cattell, A. W. Markley, of New Jersey; John W. Garrett, Charles J. M. Gwinn, Robert Fowler, Jacob Tome, Thomas M. Lanahan, of Maryland; Charles J. Dupont, Henry Ridgley, Andrew C. Gray, Nat. Smythers, of Delaware; Bellamy Storer, George B. Senter, William Baker, Samuel Galloway, David Tod, Charles Anderson, Bird B. Chapman, Edward Sturgis, Israel Dille, of Ohio; Edwin Peck, William D. Griswold, James P. Luse, Samuel E. Perkins, Conrad Baker, of Indiana; Richard J. Oglesby, N. B. Judd, Samuel A. Buckmaster, D. L. Phillips, L. P. Sanger, of Illinois; Eber B. Ward, Omar D. Congar, Nathaniel W. Brooks, Alexander II. Morrison, of Michigan; Z. G. Simmons, Alexander Mitchell, J. J. Williams, G. A. Thompson, J. J. R. Pease, John H. Hersey, of Wisconsin; Henry A. Smith, Sherman Finch, William Mitchell, R. F. Crowell, L. F. Hubbard, E. F. Drake, of Minnesota; Lyman Cook, Platt Smith, Jacob Butler, Henry I. Reid, Hoyt Sherman, of Iowa; William G. Brownlow, of Tennessee; Thomas C. Fletcher, B. R. Bonner, John M. Richardson, Emil Pretorious, E. W. Fox, R. J. McElheny, Charles H. Howland, Madison Miller, George W. Fishback, T. J. Hubbard, George Knapp, Charles K. Dickson, A. G. Braun, G. L. Hewitt, P. A. Thompson, James W. Thomas, Charles E. Moss, Edward Walsh, A. R. Easton, Truman J. Horner, J. B. Eads, D. R. Garrison, W. A. Kayser, George P. Robinson, of Missouri; Thomas E. Bramlette,

Corporators.

Name of cor

Seal.

Termini and

Benjamian Gratz, C. E. Warren, Lazarus W. Powell, John Mason Brown, Joshua Speed, of Kentucky; Solon Thatcher, Jacob Stotter, William B. Edwards, James G. Blunt, Robert McBratney, of Kansas; Harrison Hagaus, James Cook, Robert Crangle, Benjamin H. Smith, of West Virginia; Lorenzo Sherwood, A. J. Hamilton, of Texas; William Gilpin, Henry C. Leach, of Colorado; Phinneas Banning, Timothy G. Phelps, William B. Carr, Edward F. Beale, Fred. F. Lowe, Benj. B. Redding, B. W. Hathaway, Leonidas Haskell, Frederick Billings, of California; W. S. Ladd, J. R. Moores, Walter Monteith, John Kelly, B. F. Dowell, of Oregon; James L. Johnson, Henry Connelly, Franciscus Perea, of New Mexico; J. H. Mills, A. P. K. Safford, E. S. Davis, of Nevada; King S. Woolsey, William H. Hardy, Coles Bashford of Arizona; Henry D. Cooke, of the District of Columbia; and all such other persons who shall or may be associated with them, and their successors, are hereby created and erected into a body corporate and politic, in deed and in law, by the name, style, and title of the "Atlantic and Pacific Railroad Company," and by that name shall have perpetual succession, and shall poration, &c. be able to sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal. And said corporation is hereby authorized and empowered to lay out, locate, and construct, furnish, maintain, Corporation and enjoy, a continuous railroad and telegraph line, with the appurtenan- construct railmay locate and ces, namely: Beginning at or near the town of Springfield, in the State road and teleof Missouri, thence to the western boundary line of said State, and thence graph line. by the most eligible railroad route as shall be determined by said com- route. pany to a point on the Canadian River, thence to the town of Albuquerque, on the River Del Norte, and thence, by way of the Agua Frio, or other suitable pass, to the head-waters of the Colorado Chiquito, and thence, along the thirty-fifth parallel of latitude, as near as may be found most suitable for a railway route, to the Colorado River, at such point as may be be selected by said company for crossing; thence by the most practicable and eligible route, to the Pacific. The said company shall have the right to construct a branch from the point at which the road strikes wardly to near Van Buren, the Canadian River eastwardly, along the most suitable route as selected, Arkansas. to a point in the western boundary line of Arkansas, at or near the town of Van Buren. And the said company 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 stock of said company Capital stock. shall consist of one million shares of one hundred dollars each, which shall in all respects be deemed personal property, and shall be transferable in such manner as the laws of said corporation shall provide. The persons herein before named are hereby appointed commissioners, and shall be named appointed called the board of commissioners of the "Atlantic and Pacific Railroad missioners. Company," and fifteen shall constitute a quorum for the transaction of business. The first meeting of said board of commissioners shall be held at the Turner Hall, in the city of Saint Louis, on the first day of October, anno Domini eighteen hundred and sixty-six, or at such time within three months thereafter as any ten commissioners herein named from Missouri shall appoint, notice of which shall be given by them to the other commissioners by publishing said notice in at least one daily newspaper in the cities of Boston, New York, Cincinnati, Saint Louis, Memphis, and Nashville, once a week for at least four weeks previous to the day of meeting. Said board shall organize by the choice from its number of a president, vice-president, secretary, and treasurer, and they shall require from said treasurer such bonds as may be deemed proper, and may from Treasurer to time to time increase the amount thereof, as they may deem proper. give bonds. The secretary shall be sworn to the faithful performance of his duties, Secretary to and such oath shall be entered upon the records of the company, signed be sworn. by him, and the oath verified thereon. The president and secretary of

Branch east

Powers and

privileges.

Persons before

board of com

Quorum. First meeting of commissioners.

Notice.

Organization

of board and

officers.

Other meet

Commissioners

stock.

When and how first meeting of subscribers to stock to be called.

said boards shall, in like manner, call all other meetings, naming the time ings, how called. and place thereof. It shall be the duty of said board of commissioners to to open books for open books, or cause books to be opened, at such times and in such prinsubscriptions to cipal cities or other places in the United States as they or a quorum of them shall determine, within twelve months after the passage of this act, to receive subscriptions to the capital stock of said corporation, and a cash payment of ten per centum on all subscriptions, and to receipt therefor. So soon as ten thousand shares shall in good faith be subscribed for, and ten dollars per share actually 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 the subscribers to the stock of said company, and shall give notice thereof in at least one newspaper in each State in which subscription books have been opened, at least fifteen days previous to the day of meeting, and such subscribers as shall attend the meeting so called, either in person or by lawful proxy, then and there shall elect, by ballot, thirteen directors for said corporation; and in such Each share to election each share of said capital stock shall entitle the owner thereof to one vote. The president and secretary of the board of commissioners, and in case of their absence or inability any two of the officers of said Inspectors of board, shall act as inspectors of said election, and shall certify, under their hands, the names of the directors elected at said meeting. And the said Commissioners commissioners, treasurer, and secretary shall then deliver over to said directors all the moneys, properties, subscription books, and other books in moneys, books, their possession, and thereupon the duties of said commissioners and the officers previously appointed by them shall cease and determine forever, and thereafter the stockholders shall constitute said body politic and corAnnual meet-porate. Annual meetings of the stockholders of the said corporation for the choice of officers, (when they are to be chosen,) and for the transaction of business, shall be holden at such time and place and upon such notice as may be prescribed in the by-laws.

Directors.

have a vote.

election.

to deliver to directors all

&c. and their duties to cease.

ings of corpo

ration.

Right of way granted through public lands for construction of

railroad and telegraph.

Materials for

construction.

Extent of grant of 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 the said Atlantic and Pacific Railroad Company, its successors and assigns, for the construction of a railroad and telegraph as proposed; and the right, power, and authority is hereby given to said corporation to take from the public lands adjacent to the line of said road material of earth, stone, timber, and so forth, for the construction thereof. Said way is granted to said railroad to the extent of one hundred feet in width on each side of said railroad where it may pass through the public domain, including all necessary grounds for station-buildings, workshops, depots, machine-shops, switches, side-tracks, turn-tables, and water-stations; and the right of way shall be exempt from taxation within the Territories of the United States. Indian title to United States shall extinguish, as rapidly as may be consistent with pubDe extinguished. lic policy and the welfare of the Indians, and only by their voluntary cession, the Indian title to all lands falling under the operation of this act and acquired in the donation to the road named in the act.

Right of way exempt from taxation.

Public lands granted to the corporation to aid in the conrailroad and tele

struction of

graph.

The

SEC. 3. And be it further enacted, That there be, and hereby is, granted to the Atlantic and Pacific Railroad Company, its successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line to the Pacific coast, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores, over the route of said line of railway and its branches, every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said railroad line, as said company may adopt, through the Territories of the United States, and ten alternate sections of land per mile on each side of said railroad whenever it passes through any State, and whenever, on the line thereof, the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from pre-emption or other claims or rights,