been contracted for by any railroad company which may be purchased or consolidated with by the company hereby incorporated, as provided by this act.

SEC. 17. That the said Texas Pacific Railroad Company shall commence the construction of its road simultaneously at San Diego, in the State of California, and from a point at or near Marshall, Texas, as hereinbefore described, and so prosecute the same as to have at least fifty consecutive miles of railroad from each of said points complete and in running order within two years after the passage of this act; and to so continue to construct each year thereafter a sufficient number of miles to secure the completion of the whole line from the aforesaid point on the eastern boundary of the State of Texas to the bay of San Diego, in the State of California, as aforesaid, within ten years after the passage of this act; and upon failure to so complete it, Congress may adopt such measures as it may deem necessary and proper to secure its speedy completion.

SEC. 18. That the President of the United States, upon the completion of the first section of twenty miles, shall appoint one commissioner, whose duty it shall be to examine the various sections of twenty miles as they shall be completed, and report thereon to him in writing; and if, from such report, he be satisfied that said comany has fully completed each section of its road, as in this act provided, he shall direct the Secretary of the Interior to issue patents to said company for the lands it is entitled to under this act, as fast as each section of said road is completed.

SEC. 19. That the Texas Pacific Railroad Company shall be, and it is hereby, declared to be a military and post road; and for the purpose of insuring the carrying of the mails, troops, munitions of war, supplies, and stores of the United States, no act of the company nor any law of any State or Territory shall impede, delay, or prevent the said company from performing its obligations to the United States in that regard: Provided, That said road shall be subject to the use of the United States for postal, military, and all other governmental services, at fair and reasonable rates of compensation, not to exceed the price paid by private parties for the some kind of service, and the government shall at all times have the preference in the use of the same for the purpose aforesaid.

SEC. 20. That it shall not be lawful for any of the directors, either in their individual capacity or as members of an incorporated or joint-stock company, to make any contracts or agreements with the said Texas Pacific Railroad Company for the construction, equipment, or running of its road, or to have any interest therein; and all such contracts or agreements are hereby declared null and void, and all money or property received under such contracts or agreements may be recovered back for the benefit of the company by any stockholder.

SEC. 21. That any railroad company whose route lies across the route of the Texas Pacific railroad may cross the same, and for the purpose of crossing shall have the right to acquire at the double minimum price all lands, whether of the United States or granted by this act, which shall be needed for a right of way two hundred feet wide through said lands, and for depots, stations, side-tracks, and other needful purposes, not exceeding for such purposes forty acres at any one station.

SEC. 22. That the New Orleans, Baton Rouge, and Vicksburg railroad Company, chartered by the State of Louisiana, shall have the

right to connect by the most eligible route to be selected by said company with the said Texas Pacific railroad at its eastern terminus, and shall have the right of way through the public land to the same extent granted hereby to the said Texas Pacific Railroad Company; and in aid of its construction from New Orleans to Baton Rouge, thence by the way of Alexandria, in said State, to connect with the said Texas Pacific Railroad Company at its eastern terminus, there is hereby granted to said company, its successors and assigns, the same number of alternate sections of public lands per mile in the State of Louisiana, as are by this act granted in the State of California, to said Texas Pacific Railroad Company; and said lands shall be withdrawn from market, selected, and patents issued therefor, and opened for settlement and pre-emption, upon the same terms and in the same manner and time as is provided for and required from said Texas Pacific Railroad Company, within said State of California: Provided, That said company shall complete the whole of said road within five years from the passage of this act.

SEC. 23. That, for the purpose of connecting the Texas Pacific railroad with the city of San Francisco, the Southern Pacific Railroad Company of California is hereby authorized (subject to the laws of California) to construct a line of railroad from a point at or near Tehachapa Pass, by way of Los Angeles, to the Texas Pacific railroad at or near the Colorado river, with the same rights, grants and privileges, and subject to the same limitations, restrictions, and conditions as were granted to said Southern Pacific Railroad Company of California, by the act of July twenty-seven, eighteen hundred and sixty-six: Provided, however, That this section shall in no way affect or impair the rights, present or prospective, of the Atlantic and Pacific Railroad Company or any other railroad company.

Approved, March 3, 1871. (16 Stats., p. 573.) See Nos. 53, 121.

No. 34.-An Act to renew certain Grants of Land to the State of Alabama. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the grant of lands made to the State of Alabama by the act of Congress approved June three, eighteen hundred and fifty-six, entitled "An act granting public lands, in alternate sections, to the State of Alabama, to aid in the construction of certain railroads in said State," to assist in the building of a railroad from the city of Montgomery, Alabama, to some point on the Alabama and Tennessee State line, in the direction of Nashville, is hereby revived and renewed for the use and benefit of the South and North Alabama Railroad Company, subject to all the conditions and restrictions contained in the act referred to, and subject to the further limitation, that if the said railroad is not completed within three years from the passage of this act no further sale shall be made for the benefit of said road, and the lands unsold shall revert to the United States: Provided, That the lands granted by the act hereby revived, except mineral lands, shall be sold to actual settlers only, in quantities not greater than one quarter section to any one purchaser, and for a price not exceeding two dollars and fifty cents per acre.

SEC. 2. That the right, power, and authority is hereby given to the company building the aforesaid railroad to take from the public land,

adjacent to the lines of said railroad, earth, stone, and other materials for the construction thereof; and the right of way is hereby granted to the extent of one hundred feet in width on each side of said railroad where it may pass over the public lands, including all necessary grounds for stations and structures connected therewith, not exceeding forty acres at any one station.

Approved, March 3, 1871. (16 Stats., p. 580.) See No. 2.

No. 35.-An Act amendatory of an Act entitled "An Act to further provide for giving Effect to the various Grants of public Lands to the State of Nevada," approved June eighth, eighteen hundred and sixty-eight.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section four of an act entitled "An act to further provide for giving effect to the various grants of public lands to the State of Nevada," be, and the same is hereby, amended so as to read as follows: And it is further enacted that the land granted to the State of California for the establishment of an agricultural college by the act of July second, eighteen hundred and sixty-two, and acts amendatory thereto, may be selected by said State from any lands within said State, subject to pre-emption settlement, entry, sale, or location, under any laws of the United States. Such selection may be made in any legal subdivisions, adjoining by sides, so as to constitute bodies of not less than one hundred and sixty acres; or they may be made in separate subdivisions of forty, eighty, or one hundred and twenty acres, respectively: Provided, That this privilege shall not extend to lands upon which there may be rightful claims under the pre-emption and homestead laws, nor to mineral lands: And provided further, That if lauds be selected as aforesaid, the minimum price of which is two dollars and fifty cents per acre, they shall be taken acre for acre in part satisfaction of the grant, and the State of California shall pay to the United States the sum of one dollar and twenty-five cents per acre for each acre so selected, when the same shall be patented to the State by the United States: Provided fu[rt]her, That where lands, sought to be selected for the agricultural college, are unsurveyed, the proper authorities of the State shall file a statement to that effect with the register of the United States land-office, describing the land by township and range, and shall make application to the United States Surveyor-General for a survey of the same, the expenses of the survey for field work to be paid by the State, provided there be no appropriation by Congress for that purpose. The United States

Surveyor-General, as soon as practicable, shall have the said lands surveyed and the township plats returned to the United States land-office, and lands so surveyed and returned shall, for thirty days after the filing of the plats in the United States land-office, be held exclusively for location for the agricultural college, and within said thirty days the proper authorities of the State shall make application to the United States land-office for the lands sought to be located by sections and parts of sections: Provided, That any rights, under the pre-emption or homestead laws, acquired prior to the filing of the required statement with the United States register, shall not be impaired or affected by this act: And provided further, That such selections shall be made

in every other respect subject to the conditions, restrictions, and limitations contained in the acts hereby modified.

Approved, March 3, 1871. (16 Stats., p. 581.) See Title V., Nos.

440, 441.

No. 36.--An Act to amend au Act entitled “An Act to reduce the Expenses of the Survey and Sale of the public Lands in the United States," approved May thirty, eighteen hundred-and sixty-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act to reduce the expenses of the survey and sale of the public lands in the United States," approved May thirty, eighteen hundred and sixty-two, be, and the same is hereby, amended by adding thereto the following additional section, to be numbered as section eleven, viz? :

"SEC. 11. And be it further enacted, That in all cases where settlers shall make deposits in accordance with this act, to the credit of the United States, for public surveys, such amounts so deposited shall go in part payment for their lands situated in the townships, the surveying of which is paid for out of said deposits; and effect shall be given to this act by regulations to be prescribed by the Commissioner of the General Land-Office.

Approved, March 3, 1871. (16 Stats., p. 581.) See Title II., No. 278, and Title XIV., Nos. 596, 597, 598.

No. 37.-An Act to extend the Time for the Reversion to the United States of the Lands granted by Congress to the State of Michigan to aid in the Construction of a Railroad from Pere Marquette to Flint, in said State, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time specified in the fourth section of the act of Congress, approved June third, eighteen hundred and fifty-six, entitled "An act making a grant of alternate sections of the public land to the State of Michigan to aid in the construction of certain railroads in said State, and for other purposes," for the reversion to the United States of the lands granted by said act to aid in the construction of a railroad from Pere Marquette to Flint, and for the completion of said road, be, and the same is hereby, further extended for the period of five years from and after the passage of this act.

SEC. 2. That the State of Michigan may authorize the sale of sixty sections of the land granted to aid the construction of said railroad from Pere Marquette to Flint, whenever and as often as the governor of said State shall certify that ten additional miles of said railroad is completed and in running order as a first-class railroad: Provided, That said lands authorized to be sold as aforesaid shall include only lands situated opposite to and coterminous with the completed sections: And provided, That in case said railroad shall not be fully completed from Flint to Lake Michigan within the time as extended by this act, all the lands included in said grant to which the right to sell shall not then have attached shall revert to the United States.

Approved, March 3, 1871 (16 Stats., p 582.) See Title IV., No. 404.

No. 38.-An Act to extend the Benefits of the Donation Law of September twenty-seven, eighteen hundred and fifty, to certain Persons.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who, at the time of settlement, possessed the qualifications prescribed in the fourth and fifth sections of "An act to create the office of surveyor-general of the public lands in Oregon and to provide for the survey, and to make donations to settlers of the said public lands," approved September twenty-seven, eighteen hundred and fifty, and who made bona fide settlement upon the lands claimed by the Puget Sound Agricultural Company, in Washington Territory, within the time limited for settlement by said act and the amendments thereto, shall be, and are hereby declared to be, entitled to all the privileges and benefits of said act and amendments.

SEC. 2. That the rights and privileges of heirs and assigns under the said donation law, and the amendments thereto, shall be, and are hereby, extended to the heirs and assigns of the settlers named in the first section of this act.

Approved, March 3, 1871. (16 Stats., p. 583.)

No. 39.-An Act to enable the Jackson, Lansing and Saginaw Railroad Company to change the northern Terminus of its Road from Traverse Bay to the Straits of Mackinaw, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Jackson, Lansing, and Saginaw Railroad Company, a corporation organized and existing under the laws of the State of Michigan, and to which the said State granted a portion of the land grant made to aid in the construction of a railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse bay, by an act entitled "An act making a grant of alternate sections of the public lands to the State of Michigan to aid in the construction of certain railroads in said State, and for other purposes," approved June three, eighteen hundred and fifty-six, be, and hereby is, empowered and authorized to change the northern terminus of its railroad from Traverse bay to some point on or near the straits of Mackinaw, in said State of Michigan, and to change the location of the incompleted portion of its railroad, so as to obtain the most direct and suitable practicable route from Saginaw river to the straits of Mackinaw : Provided, That such change shall lessen the length of said line by rendering it more direct: And provided further, That no change in the location of said line of railroad shall have the effect or be construed to work any change in the land grant made to aid in the construction of said road: And provided also, That such new location shall be made within the limits of such land grant until the northern limit of said grant is passed.

SEC. 2. That only the lands embraced within the limits of the said grant as the same was originally located under said act of Congress of June three, eighteen hundred and fifty-six, shall pertain to said railroad, or be applicable to aid in the building of the same, whether it be constructed on such new or improved location, or on the said original location. But all the lands within the limits of said grant now remaining