of schools. SEC. 2. And be it further enacted, That the superintendent of public Land in lieu instruction of Douglas County, Nebraska Territory, is hereby author- thereof to be seized to select any unclaimed and unoccupied quarter-section of land in lected for the use said county in lieu of the lands mentioned in section one of this act; and it shall be his duty so to do as soon after the passage of this act as shall be practicable, and to file notice of such selection with the register of said land office; and after such selection and notice, said lands so selected shall be reserved from sale or preëmption, and shall be held for the benefit of schools, in lieu of the lands hereby authorized to be preempted by said Downs. (a) (a) See Nos. 1856, 2082, 2086, 2089, 2095, 2125, 2133. No. 2089.—AN ACT to protect the land fund for school purposes in Sarpy County, Whereas by the treaty between the United States and the Omaha tribe of Indians, by which said Indian tribe ceded their lands in the Territory of Nebraska to the United States, a reservation was made of a part of section thirty-six, in town[ship] fourteen north, range thirteen east, for the Presbyterian Board of Foreign Missions; and whereas, by virtue of a joint resolution of Congress, approved March third, eighteen hundred and fifty-seven, a large portion of the remainder of said section thirty-six has been preempted, leaving but a fraction for the use of schools: Therefore, Feb. 26, 1859. Preamble. served. Proviso. Be it enacted, &c., That the superintendent of common schools of the Superintendent county of Sarpy, in which said land is situated, shall be, and [he] hereby of schools for is, authorized to select six hundred and forty acres of any unoccupied Nebraska TerriSarpy County, public lands in said county in subdivisions of not less than one quarter-tory, may select section, in lieu of the aforesaid section thirty-six: Provided, That as public lands in lieu of lands presoon as such selection shall be made it shall be the duty of such superintendent to file a notice thereof, with a description of the land selected, in empted and rethe office of the register of the land office in the Omaha land district, who shall thereupon withdraw such land so selected from the list of lands subject to preemption, or public or private sale in said land district, and shall report the fact to the United States Commissioner of Public Lands, and the land so selected shall, after such filing with the register, belong to the school fund of said county in all respects the same as other school lands; and the fraction of said section thirty-six remaining after satisfying the terms of said treaty, and after said preëmptions as mentioned in the foregoing preamble, shall be subject to preemption, public sale, or private entry, the same as other publc lands. (a) (a) See Nos. 1856, 2082, 2086, 2088, 2095, 2125, 2133. No. 2090.—AN ACT giving the assent of Congress to a law of the Missouri legisla. ture for the application of the reserved two per cent. land fund of said State. Feb. 28, 1859. Claims of half SEC. 6. And be it further enacted, That in adjusting the claims of halfbreed Indians under the tenth article of the treaty of Prairie du Chien, breed Indians. of the fifteenth of July, eighteen hundred and thirty, lying within the Nemohaw reservation therein described, as surveyed by McCoy, and confirmed by section thirteen of the act entitled "An act making appropriations for sundry civil expenses of the Government for the year ending the thirtieth of June, eighteen hundred and fifty-nine," approved June twelfth, eighteen hundred and fifty-eight, there shall be found a deficiency in the quantity of land necessary to carry out the intentions of said treaty, then there shall be retained out of the proceeds of that portion of the public lands excluded from said reservation, as said half-breeds claimed its boundaries by the McCoy survey and the thirteenth section of the said act of July twelfth, eighteen hundred and fifty-eight, so much money as shall equal that deficiency, estimating the same at one dollar and twenty-five cents per acre; which said sum of money shall be paid to the Secretary of the Interior, to be held by him in trust for such of said half-breeds as shall be found entitled to it, and by him be paid to them or invested for their benefit, as he shall think most judicious and proper, after the said mixed-bloods shall have relinquished to the United States all their interest in and to said deficiency in said reservation. (a) (a) See Nos. 2084, 2087. March 2, 1861. No. 2091.-AN ACT to provide a temporary government for the Territory of DaVol. 12, p. 239. kota, and to create the office of surveyor-general therein. Portions of Nebraska. SEC. 21. And be it further enacted, That until Congress shall otherwise Utah and Wash- direct, that portion of the Territories of Utah and Washington between ington added to the forty-first and forty-third degrees of north latitude, and east of the thirty-third meridian of longitude west from Washington, shall be, and is hereby, incorporated into and made a part of the Territory of Nebraska. (a) (a) See Nos. 2082, 2095, 2102, 2103, 2114. July 1, 1862. Vol. 12, p. 489. Pacific Railroad. Corporators. No. 2092.-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. Be it enacted, &c., That Walter S. Burgess, William P. Blodget, Benjamin H. Cheever, Charles Fosdick Fletcher, of Rhode Island; Augustus Brewster, Henry P. Haven, Cornelius S. Bushnell, Henry Hammond, of Connecticut; Isaac Sherman, Dean Richmond, Royal Phelps, William H. Ferry, Henry A. Paddock, Lewis J. Stancliff, Charles A. Secor, Samuel R. Campbell, Alfred E. Tilton, John Anderson, Azariah Boody, John S. Kennedy, H. Carver, Joseph Field, Benjamin F. Camp, Orville W. Childs, Alexander J. Bergen, Ben. Holliday, D. N. Barney, S. De Witt Bloodgood, William H. Grant, Thomas W. Olcott, Samuel B. Ruggles, James B. Wilson, of New York; Ephraim Marsh, Charles M. Harker, of New Jersey; John Edgar Thompson, Benjamin Haywood, Joseph H. Scranton, Joseph Harrison, George W. Cass, John H. Bryant, Daniel J. Morell, Thomas M. Howe, William F. Johnson, Robert Finney, John A. Green, E. R. Myre, Charles F. Wells, junior, of Pennsylvania; Noah L. Wilson, Amasa Stone, William H. Clement, S. S. L'Hommedieu, John Brough, William Dennison, Jacob Blickinsderfer, of Ohio; William M. McPherson, R. W. Wells, Willard P. Hall, Armstrong Beatty, John Corby, of Missouri; S. J. Hensley, Peter Donahue, C. P. Huntington, T. D. Judah, James Bailey, James T. Ryan, Charles Hosmer, Charles Marsh, D. O. Mills, Samuel Bell, Louis McLane, George W. Mowe, Charles McLaughlin, Timothy Dame, John R. Robinson, of California; John Atchison and John D. Winters, of the Territory of Nevada; John D. Campbell, R. N. Rice, Charles A. Trowbridge, and Ransom Gardner, Charles W. Penny, Charles T. Gorham, William McConnell, of Michigan; William F. Coolbaugh, Lucius H. Langworthy, Hugh T. Reid, Hoyt Sherman, Lyman Cook, Samuel R. Curtis, Lewis A. Thomas, Platt Smith, of Iowa; William B. Ogden, Charles G. Hammond, Henry Farnum, Amos C. Babcock, W. Seldon Gale, Nehemiah Bushnell and Lorenzo Bull, of Illinois; William H. Swift, Samuel T. Dana, John Bertram, Franklin S. Stevens, Edward R. Tinker, of Massachusetts; Franklin Gorin, Laban J. Bradford, and John T. Levis, of Kentucky; James Dunning, John M. Wood, Edwin Noyes, Joseph Eaton, of Maine; Henry H. Baxter, George W. Collamer, Henry Keyes, Thomas H. Canfield, of Vermont; William S. Ladd, A. M. Berry, Benjamin F. Harding, of Oregon; William Bunn, junior, John Catlin, Levi Sterling, John Thompson, Elihu L. Phillips, Walter D. McIndoe, T. B. Stoddard, E. H. Brodhead, A. H. Virgin, of Wisconsin; Charles Paine, Thomas A. Morris, David C. Branham, Samuel Hanna, Jonas Votaw, Jesse L. Williams, Isaac C. Elston, of Indiana; Thomas Swan, Chauncey Brooks, Edward Wilkins, of Maryland; Francis R. E. Cornell, David Blakely, A. D. Seward, Henry A. Swift, Dwight Woodbury, John McKusick, John R. Jones, of Minnesota; Joseph A. Gilmore, Charles W. Woodman, of New Hampshire; W. H. Grimes, J. C. Stone, Chester Thomas, John Kerr, Werter R. Davis, Luther C. Challiss, Josiah Miller, of Kansas; Gilbert C. Monell and Augustus Kountz, T. M. Marquette, William H. Taylor, Alvin Saunders, of Nebraska; John Evans, of Colorado; together with five commissioners to be appointed by the Secretary of the Interior, and all persons who shall or may be associated with them, and their successors, are hereby created and erected into a Name of cor- body corporate and politic in deed and in law, by the name, style, and poration. title of "The Union Pacific Railroad Company;" and by that name shall have perpetual succession, and shall be able to sue and to be sued, plead and be impleaded, defend and be defended, in all courts of law and equity Common seal. within the United States, and may make and have a common seal; and Termini of Capital stock. Shares. Organization. the said corporation is hereby authorized and empowered to lay out, Power of corlocate, construct, furnish, maintain, and enjoy a continuous railroad and poration. telegraph, with the appurtenances, from a point on the one hundredth railroad and telmeridian of longitude west from Greenwich, between the south margin egraph. of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, to the western boundary of Nevada Territory, 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 stock of said company shall 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 transferable in such manner as the by-laws of said corporation shall provide. The persons herein before named, together with those to be appointed by the Secretary of the Interior, are hereby constituted and appointed Board of comcommissioners, and such body shall be called the board of commissioners missioners. of the Union Pacific Railroad and Telegraph Company, and twenty-five shall constitute a quorum for the transaction of business. The first meet- Quorum. ing of said board shall be held at Chicago at such time as the commission- First meeting. ers from Illinois herein named shall appoint, not more than three nor less than one month after the passage of this act, notice of which shall be given by them to the other commissioners by depositing a call thereof in the post-office at Chicago, post paid, to their address at least forty days before said meeting, and also by publishing said notice in one daily newspaper in each of the cities of Chicago and Saint 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 board. may be deemed 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 Subscription commissioners to open books, or cause books to be opened, at such times books. and in such principal cities in the United States as they or a quorum of them shall determine, 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 two thousand shares shall be in good faith 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 sub- First meeting scribers to the stock of said company, and shall give notice thereof in at of subscribers to least one newspaper in each State in which subscription books have been stock. opened at least thirty days previous to the 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 capital shall entitle the owner thereof to one vote. The president and secretary of the board of commissioners 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, treasurer, and secretary shall then deliver over to said directors all the properties, subscription books and other books in their possession, and thereupon the duties of said commissioners and the officers previously appointed by them shall cease and determine forever, and thereafter the stock- Stockholders holders shall constitute said body politic and corporate. At the time of to constitute the the first and each triennial election of directors by the stockholders two body corporate. additional directors shall be appointed by the President of the United Directors on States, who shall act with the body of directors, and to be denominated the part of the directors on the part of the Government; any vacancy happening in the Government directors at any time may be filled by the President of the United States. The directors to be appointed by the President shall not be stockholders in the Union Pacific Railroad Company. The directors President, viceso chosen shall, as soon as may be after their election, elect from their president, treas own number a president and vice-president, and shall also elect a treas- urer, and secre tary. urer and secretary. No person shall be a director in said company unless he shall be a bona-fide owner of at least five shares of stock in the Who may be said company, except the two directors to be appointed by the President directors. as aforesaid. Said company, at any regular meeting of the stockhold- By-laws. ers called for that purpose, shall have power to make 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 whatso Directors. Votes. Government. rectors, &c. ever which may appertain to the concerns of said company; and the Directors may said board of directors shall have power to appoint such engineers, appoint engi- agents, and subordinates as may from time to time be necessary to carry neers, agents, &c. into effect the object of this act, and to do all acts and things touching the location and construction of said road and telegraph. Said directTerm of office ors may require payment of subscriptions to the capital stock, after due of president, di- notice, at such times and in such proportions as they shall deem necessary to complete the railroad and telegraph within the time in this act prescribed. Said president, vice-president, and directors shall hold their office for three years, and until their successors are duly elected and qualified, or for such less time as the by-laws of the corporation Quorum of di- may prescribe; and a majority of said directors shall constitute a quorum for the transaction of business. The secretary and treasurer shall Bonds of secre- give such bonds, with such security, as the said board shall from time tary and treas to time require, and shall hold their offices at the will and pleasure of Term of office, the directors. Annual meetings of the stockholders of the said corpoAnnual meet- ration, for the choice of officers (when they are to be chosen) and for ings. the transaction of annual business, shall be holden at such time and place and upon such notice as may be prescribed in the by-laws. rectors. urer. Construction. Right of way SEC. 2. And be it further enacted, That the right of way through the for road and tel- public lands be, and the same is hereby, granted to said company for the egraph. construction of said railroad and telegraph line; and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road, earth, stone, timber, and other Materials for materials for the construction thereof; said right of way is granted to said railroad to the extent of two hundred feet in width on each side of said railroad where it may pass over the public lands, including all necessary grounds for stations, buildings, workshops, and depots, machine-shops, switches, side-tracks, turn-tables, and water-stations. The Indian titles to United States shall extinguish as rapidly as may be the Indian titles to be extinguished. all lands falling under the operation of this act and required for the said right of way and grants hereinafter made. Alternate sec- SEC. 3. And be it further enacted, That there be, and is hereby, granted tions on each side to the said company, for the purpose of aiding in the construction of of railroad, &c., said railroad and telegraph line, and to secure the safe and speedy granted to com transportation of the mails, troops, munitions of war, and public stores pany. thereon, every alternate section of public land, designated by odd numbers, to the amount of five alternate 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 disposed of by the United States, and to which a preemption or homestead claim may not have attached, at the time the line of said road is definitely fixed: Mineral lands Provided, That all mineral lands shall be excepted from the operation of excepted. this act; but where the same shall contain timber, the timber thereon Lands when to is hereby granted to said company. And all such lands, so granted by be subject to set this section, which shall not be sold or disposed of by said company withtlement and pre- in three years after the entire road shall have been completed, shall be emption. subject to settlement and preemption, like other lands, at a price not exceeding one dollar and twenty-five cents per acre, to be paid to said company. Timber. Patents for said lands, when and how to issue. SEC. 4. And be it further enacted, That whenever said company shall have completed forty consecutive miles of any portion of said railroad and telegraph line, ready for the service contemplated by this act, and supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turn-outs, watering-places, depots, equipments, furniture, and all other appurtenances of a first-class railroad, the rails and all the other iron used in the construction and equipment of said road to be American manufacture of the best quality, the President of the United Commissioners. States shall appoint three commissioners to examine the same and report to him in relation thereto; and if it shall appear to him that forty consecutive 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 lands to said company, on each side of the 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 are 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 Company to United States: Provided, however, That no such commissioners shall be appointed by the President of the United States unless there shall be render statement presented to him a statement, verified on oath by the president of said on oath. 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; which oath shall be taken before a judge of a court of record. how to issue to Interest. SEC. 5. And be it further enacted, That for the purposes herein men- United States tioned the Secretary of the Treasury shall, upon the certificate in writ- bonds when and ing of said commissioners of the completion and equipment of forty said company. consecutive miles of said railroad and telegraph, in accordance with the provisions of this act, issue to said company bonds of the United States of one thousand dollars each, payable in thirty years after date, bearing six per centum per annum interest, (said interest payable semianually,) which interest may be paid in United States Treasury notes or any other money or currency which the United States have or shall declare 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 repayment to the United States, as hereinafter provided, of the amount of said bonds so issued and delivered to said company, together with all interest thereon which shall have been paid by the United States, the issue of said bonds and delivery to the company shall ipso facto constitute a first mortgage on the whole line of the railroad and tele-livery of bonds graph, together with the rolling-stock, fixtures and property of every kind and description, and in consideration of which said bonds may be mortgage of road stock, &c. issued; and on the refusal or failure of said company to redeem said Proceedings bonds, or any part of them, when required so to do by the Secretary of upon failure to the Treasury, in accordance with the provisions of this act, the said redeem bonds. road, with all the rights, functions, immunities, and appurtenances thereunto belonging, and also the lands granted to the said company by the United States, which, at the time of said default, shall remain in the ownership of the said company, may be taken possession of by the Secretary of the Treasury, for the use and benefit of the United States: Provided, This section shall not apply to that part of any road now constructed. Issue and de to constitute first SEC. 6. And be it further enacted, That the grants aforesaid are made Grants condi. upon condition that said company shall pay said bonds at maturity, and tioned to pay bonds at maturishall keep said railroad and telegraph line in repair and use, and shall ty. at all times transmit despatches over said telegraph line, and transport To keep road mails, troops, and munitions of war, supplies, and public stores upon and telegraph in said railroad for the Government, whenever required to do so by any repair. To transmit department thereof, and that the Government shall at all times have despatches and the preference in the use of the same for all the purposes aforesaid, transport mails, (at fair and reasonable rates of compensation, not to exceed the amounts troops, &c. paid by private parties for the same kind of service ;) and all compen- have preference, sation for services rendered for the Government shall be applied to the Pay therefor payment of said bonds and interest until the whole amount is fully how to be appaid. Said company may also pay the United States, wholly or in part, plied. in the same or other bonds, Treasury notes, or other evidences of debt against the United States, to be allowed at par; and after said road is completed, until said bonds and interest are paid, at least five per centum of the net earnings of said road shall also be annually applied to the payment thereof. Government to General route to be designated Map to be filed. in two years. SEC. 7. And be it further enacted, That said company shall file their Company to file assent to this act, under the seal of said company, in the Department assent, &c. of the Interior, within one year after the passage of this act, and shall complete said railroad and telegraph from the point of beginning as To complete herein provided, to the western boundary of Nevada Territory before railroad, &c. 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 designate the general route 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 shall cause the lands within fifteen miles of said designated route or routes to be withdrawn from preemption, private entry, and sale; and when any portion of said route shall be finally located, the Secretary of the Interior shall cause the said lands herein before granted to be surveyed and set off as fast as may tion of main be necessary for the purposes herein named: Provided, That in fixing trunk with eastthe point of connection of the main trunk with the eastern connections, ern connections. Point of junc |