HE Nfel BANCROFT LIBRARY THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA i // UNITED STATES A-ISTO STATE LEGISLATION 1884. B. O. POLKINHORN, PRINTER, WASHINGTON, D. C. BANCROFT LIBRARY THE CHARTER. July 2, 1864. 13 AN ACT granting Lands to aid in the Construction of a Railroad and Stat., at large Telegraph Line from Lake Superior to Puget's Sound, on the Pa- 3- hereby is, granted to the " Northern Pacific Eailroad Com- lic lands - pany," 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 trans- portation of the mails, troops, munitions of war, and pub- lic stores over the route of said line of railway, every alter- nate 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, 6 Indemnity. Provisos. 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 fall title, not reserved, sold, granted, or otherwise appropriated, and free from pre-emption or other claims or rights at the time the line of said road is definitely fixed, and a plat thereof filed in the office of the commissioner of the general land office; and whenever, prior to said time, any of said sections or parts of sections shall have been granted, sold, reserved, occupied by homestead settlers, or pre-empted or otherwise disposed of, other lands shall be selected by said company in lieu thereof, under the direction of the Secre- tary of the Interior in alternate sections and designated by odd numbers, not more than ten mi^s beyond the limits of said alternate sections : Provided, That if said route shall be found upon the line of any other railroad route to aid in the construction of which lands have been heretofore granted by the United States, as far as the routes are upon the same general line, the amount of land heretofore granted shall be deducted from the amount granted by this act : Provided further, That the railroad company receiving the previous grant of land may assign their interest to said " Northern Pacific Eailroad Companjr," or may consolidate, confederate, and associate with said company upon the terms named in the first section of this act : Provided fur- Mineral lands ther, That all mineral lands be, and the same are hereby, excluded from the operations of this act, and in lieu thereof a like quantity of unoccupied and unappropriated agricul- tural lands, in odd numbered sections, nearest to the line of said road may be selected as above provided: And provided further, That the word "mineral," when it occurs in this act, shall not be held to include iron or coal : And provided No money aid. further, That no money shall bo drawn from the Treasury of the United States to aid in the construction of the said " Northern Pacific Eailroad." Sec. 4. And be it further enacted, That whenever said commission- " Northern Pacific Railroad Company" shall have twenty- road. 6 five consecutive miles of any portion of said railroad and telegraph line ready for the service contemplated, the Pres- ident of the United States shall appoint three commissioners to examine the same, and if it shall appear that twenty-five consecutive miles of said road and telegraph line have been completed in a good, substantial, and workmanlike manner as in all other respects required by this act, the commis- sioners shall so report to the President of the United States and patents of lands, as aforesaid, shall be issued to said Patents, company, confirming to said company the right and title to said lands, situated opposite to, and coterminous with, said completed section of said road; and, from time to time, whenever twenty-five additional consecutive miles shall have been constructed, completed and in readiness as afore- said, and verified by said commissioners to the President of the United -States, then patents shall be issued to said com- pany conveying the additional sections of land as afore- said, and so on as fast as every twenty-five miles of said road is completed as aforesaid : Provided, That not more Provisos - than ten sections of land per mile, as said road shall be completed, shall be conveyed to said company for all that part of said railroad lying east of the western boundary of the State of Minnesota, until the whole of said railroad shall be finished and in good running order, as a first-class railroad from the place of beginning on Lake Superior to the western boundary of Minnesota : Provided also, That lands shall not be granted under the provisions of this act on account of any railroad or part thereof constructed at the date of the passage of this act. Sec. 5. And be it further enacted, That said " Northern How Railroad Pacific Railroad " shall be constructed in a substantial and structed. workmanlike manner, with all the necessary draws, culverts, bridges, viaducts, crossings, turnouts, stations, and water- ing places, and all other appurtenances, including furniture 8 and rolling stock, equal in all respects to railroads of the first class, when prepared for business, with rails of the best quality, manufactured from American iron. And a uni- form gauge shall be established throughout the entire length of the road. And there shall be constructed a telegraph Telegraph line , D r line, of the most substantial and approved description, to be operated along the entire line : Provided, That the said GoA r se t0 company shall not charge the government higher rates than they do individuals for like transportation and telegraphic service. And it shall be the duty of the Northern Pacific other roads Kailroad Company to permit any other railroad which shall may form con- r J r j nections. b e authorized to be built by the United States, or by the legislature of any territory or state in which the same may be situated, to form running connections with it on fair and equitable terms. Sec. 6. And be it further enacted, That the President of the United States shall cause the lands to be surveyed for skies 8 ?" road l r ty miles in width on both sides of the entire line of said ed,&c. survey " roa d, after the general route shall be fixed, and as fast as may be required by the construction of said railroad ; and the odd sections of land hereby granted shall not be liable to sale, or entry, or pre-emption before or after they are surveyed, except by said company as provided in this act ; but the provisions ot the act of September, eighteen hun- dred and forty-one, granting pre-emption rights, and the acts amendatory thereof, and of the act entitled "An act N to secure homesteads to actual settlers on the public domain," approved May twenty, eighteen hundred and sixty-two, shall be, aud the same are hereby extended to all other lands on the line of said road, when surveyed, excepting those hereby granted to said company. And the reserved alternate sections shall not be sold by the government at a price less than two dollars and fifty cents per acre when offered for sale. 9 Sec. 7. And be it further enacted, That the said " Northern Company may ___., , . 1*1 i i j lakelands nec- Pacific Railroad Company ' be, and is hereby authorized easary for its and empowered to enter upon, purchase, take, and hold any lands or premises that may be necessary and proper for the construction and working of said road, not exceeding in width two hundred feet on each side of the line of its rail- road, unless a greater width be required for the purpose of excavation or embankment; and also any lands or premises that may be necessary and proper for turnouts, standing places for cars, depots, station houses, or any other struct- ures required in the construction and working of said road. And the said company shall have the right to cut and re- move trees and other material that might, by falling, en- cumber its road-bed, though standing or being more than two hundred feet from the line of said road. And in case the owner of such lands or premises and the said company cannot agree as to the value of premises taken, or to be Daraao . es how . taken, for the use of said road, the value thereof shall be detyrmiaed - determined by the appraisal of three disinterested com- missioners, who may be appointed, upon application of either party, to any Court of Record in any of the ter- ritories in which the lands or premises to be taken lie ; and said commissioners, in their assessment of damages, shall appraise such premises at what would have been the value thereof if the road had not been built. And upon return into court of such appraisement, and upon the payment into the same of the estimated value of the premises taken for the use and benefit of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. And either party feeling aggrieved at assessment. said appraisement may, within thirty days after the same has been returned into court, file an appeal therefrom, and demand a jury of twelve men to estimate the damage sus- tained ; but such appeal shall not interfere with the rights of said company to enter upon the premises taken, or to do 10 any act necessary and proper in the construction of its road. And said party appealing shall "give bonds, with sufficient surety or sureties, for the payment of any cost that may arise upon such appeal ; and in cafe the party appealing does not obtain a verdict, increasing or diminishing, as the case may be, the award of the commissioners, such party shall pay the whole cost incurred by the appellee as well as his own, and the payment into court, for the use of the owner of said premises taken, of a sum equal to that finally awarded, shall be held to vest in said company the title of said land, and of the right to use and occupy the same for the construction, maintenance and operation of said road. And in case any of the lands to be taken, as aforesaid, shall Lands held b ^ e D ^ ^y any infant, femme covert, non compos, insane per- 8on a s nts0 under S0D > or persons residing without the territory within which legal disability ^ ] anc j s to ^ e taken lie, or persons subjected to any legal disability, the court may appoint a guardian for any party under any disqualification, to appear in proper person, who shall give bonds, with sufficient surety or sureties, for the proper and faithful execution of his trust; and who may represent in court the person disqualified, as aforesaid, from appearing, when the same proceedings shall be had in ref- erence to the appraisement of the premises to be taken for the use of said company, and with the same effect as has been already described ; and the title of the company to the lands taken by virtue of this act shall not be affected or impaired by reason of any failure by any guardian to dis- charge faithfully his trust. And in case any party shall have a right or claim to any land for a term of years, or any interest therein, in possession, reversion, or remainder, the value of any such estate, less than a fee simple, shall be estimated and determined in the manner hereinbefore set forth. And in case it shall be necessary for the company to enter upon any lands which are unoccupied, and of which there is no apparent owner or claimant, it may proceed to take and use the same for the purposes of said railroad, and 11 may institute proceedings, in manner described, for the pur- pose of ascertaining the value of, and of acquiring title to, the same ; but the judge of the court hearing said suit shall determine the kind of notice to be served on such owner or owners, and he may in its discretion appoint an agent or guardian to represent such owner or owners in case of his or their incapacity or non-appearance. Bat in case no claimant shall appear within six years from the time of the made within opening of said road across any land, all claims to damage against said company shall be barred. Sec. 8. And be it further enacted, That each and every conditions of grant, right and privilege herein are so made and given to, and accepted by, said Northern Pacific Railroad Company, upon and subject to the following conditions, namely; That the said company shall commence the work on said road within two years from the approval of this Act by the President, and shall complete not less than fifty miles per year after the second year, and shall construct, equip, furnish, and complete the whole road by the fourth day of July, Anno Domini eighteen hundred and seventy-six. Consequences Sec. 9. And be it further enacted, That the United States make the several conditioned grants herein, and that the of preach, said Northern Pacific Railroad Company accept the same, upon the further condition that if the said company make any breach of the conditions hereof, and allow the same to continue for upwards of one year, then, in such case, at any time hereafter, the United States, by its Congress, may do any and all acts and things which may be needful and neces- ; sary to insure a speedy completion of the said road. All people o f the IT. S. may Sec. 10. And be it further enacted, That all people of the S"^ fc United States shall have the right to subscribe to the stock of the Northern Pacific Railroad Company until the whole capital named in this Act of Incorporation is taken up, by complying with the terms of subscription; and no mort- 12 gage or construction bonds shall ever be issued by said corn- No mortgage pany on said road, or mortgage or lien made in any way ex- cept by the consent of the Congress of the United States. .Railroad to be Sec. 11. And be it further enacted, That said North- post route and J military road. ern Pacific Eailroad, or any part thereof, shall be a post route and a military road, subject to the use of the United States, for postal, military, naval, and all other Government service, and also subject to such regulations as Congress may impose restricting the charges for such Government trans- portation. company to Sec. 12. And be it further enacted. That the acceptance of signif yin writ- . . . ingr its accept- the terms, conditions, and impositions or this Act by the ance of terms. x . &c, of grant. sa jd Northern Pacific Eailroad Company shall be signified in writing under the corporate seal of said company, duly executed pursuant to the direction of its Board of Directors first had and obtained, which acceptance shall be made within two years after the passage of this Act, and not after- wards, and shall be served on the President of the United States. Directors to Sec. 13. And be it further enacted, That the directors of make annual . t . report and fix said company shall make an annual report of their proceed- and regulate . j fares, &c. jngs and expenditures, verified by the affidavits of the Pres- ident and at least six of the directors; and they shall from time to time fix, determine and regulate the fares, tolls and charges to be received and paid for transportation of per- sons and property on said road, or any part thereof. Sec. 14. And be it further enacted, That the directors chosen in pursuance of the first section of this act shall, so president and soon as may be after their election, elect from their own ' number a President and Vice-President; and said Board of Directors shall, from time to time, and so soon as may be after their election, choose a treasurer and a secretary, who shall hold their offices at the will and pleasure of the Board 13 of Directors. The treasurer and secretary shall give such bonds, with such security, as the said board from time to time may require. The secretary shall, before entering upon his duty, be sworn to the faithful discharge thereof, and said oath shall be made a matter of record upon the books of said corporation. No person shall be a director of said com- pany unless he shall be a stockholder, and qualified to vote for directors at the election at which he shall be chosen. Sec. 15. And be it further enacted, That the president, G f rm P res?dent vice-president, and directors shall hold their offices for the fleers, period indicated in the by-laws of said company, not exceed- ing three years, respectively, and until others are chosen in their place, and qualified. In case it shall so happen-that an election of directors shall not be made on any day ap- pointed by the by-laws of said company, the corporation shall not for that excuse be deemed to be dissolved, but such election may be holden on any day which shall be ap- pointed by the directors. The directors, of whom seven, including the president, shall be a quorum for the trans- action of business, shall have full power to make and pre- Q uorum - scribe such by-laws, rules and regulations as they shall deem By-laws, needful and proper, touching the disposition and manage- ment of the stock, property, estate, and effects of the com- pany, the transfer of shares, the duties and conduct of their officers and servants touching the election and meeting of the directors, and all matters whatsoever which may apper- tain to the concerns of said company; and the said Board of Directors may have full power to fill any vacancy or va- cancies that may occur from any cause or causes from time to time in their said board. And the said Board of Directors shall have power to appoint such engineers, agents, and J^^rrctore* subordinates as may from time to time be necessary to carry into effect the object of the company, and to do all acts and things touching the location and construction of said road. 14 Payment of Sec. 16. And be it farther enacted, That it shall be lawful ments. for the directors of said company to require payment of the sum often per centum cash assessment upon all subscrip- tions received of all subscribers, and the balance thereof at such time and in such proportions and on such conditions as they shall deem to be necessary to complete the said road and telegraph line within the time in this Act prescribed. Sixty days' previous notice shall be given of the payments required, and of the time and place of payment, by publish- Notice. - Q g a not } ce once a wee k in one daily newspaper in each of the cities of Boston, New York, Philadelphia, and Chicago; and in case any stockholder shall neglect or refuse to pay, in pursuance of such notice, the stock held by such person feit C ed to &c efor " s ^ a ^ ^e forfeited absolutely to the use of the company, and also any payment or payments that shall have been made on account thereof, subject to the condition that the Board of Directors may allow the redemption on such terms as they may prescribe. Company may Sec. 17. And be it further enacted, That the said company accept grants. . . . &c., is authorized to accept to its own use any grant, donation, loan, power, franchise, aid, or assistance which may be granted to, or conferred upon, said company by the Con- gress of the United States, by the Legislature of any State, or by any corporation, person or persons; and said corpor- ation is authorized to hold and enjoy such grant, donation, loan, power, franchise, aid, or assistance to its own use for the purpose aforesaid. Sec. 18. And be it further enacted, That said Northern Company t o Pacific Eailroad Company shall obtain the consent of the obtain consent i of state Legis- Legislature of any State through which any portion of said railroad line may pass, previous to commencing the con- struction thereof; but said company may have the right to put on engineers and survey the route before obtaining the consent of the Legislature. 15 Sec. 19. And be it further enacted, That unless said North- Act to be void, ern Pacific Railroad Company shall obtain bona fide sub- scriptions to the stock of said company to the amount of two millions of dollars, with teu per centum paid within two years after the passage and approval of this act, it shall be null and void. Sec. 20. And be it further enacted: That the better to ac- R i g h t to amend. complish the object of this act, namely; to promote the public interests and welfare by the construction of said rail- road and telegraph line, and keeping the same in working order, and to secure to the Government at all times (but particularly in time of war) the use and benefits of the same for postal, military, and other purposes, Congress may, at any time, having due regard for the rights of said Northern Pacific Railroad Company, add to, alter, amend or repeal this act. Approved July 2, 1864. AMENDMENTS TO CHARTER. 14 Stat., 355. A Resolution extending the Time for the Completion of the Union Pacifie Railway, Eastern Division. ****** **** Sec. 2. And be it further enacted, That the time for com- Extension of mencingand completing the Northern Pacific Railroad, and all its several sections, is extended for the term of two years. Approved May 7, 1866. Joint Resolution extending the Time for the Completion of the Northern 15 Stat., 255. Pacific Railroad. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section eight of an act entitled " An act granting lands to time. 16 aid in the construction of a railroad and telegraph line from Lake Superior to Puget Sound, on the Pacific coast," is hereby so amended as to read as follows : ffionrf ^ nat ea k an( * every grant, right, and privilege herein are so made and given to, and accepted by said Northern Pacific Railroad Company, upon and subject to the following conditions, namely: That the said company shall commence the work on said road within two years from and after the second day of July, eighteen hundred and sixty-eight, and shall complete not less than one hundred miles per year after the second year thereafter, and shall construct, equip, furnish and complete the whole road by the fourth day of July, Anno Domini, eighteen hundred and seventy -seven. Approved July 1, 1868. 15 Stat., 346. Joint Resolution granting Consent of Congress provided for in section ten of the Act incorporating the Northern Pacific Railroad Com- pany, approved July second, eighteen hundred and sixty-four. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That foTslue^nd^ tne consent of the Congress ot the United States is hereby given to the Northern Pacific Railroad Company to issue its bonds, and to secure the same by mortgage upon its rail- road and its telegraph line, for the purpose ot raising funds with which to construct said railroad and telegraph line be- tween Lake Superior and Puget Sound, and also upon its branch to a point at or near Portland, Oregon ; aud the term I Sfne fc d. Sound " Puget Sound," as used here and in the act incorporating said company, is hereby construed to mean all the waters con- nected with the straits of Juan De Fuca, within the terri- tory ot the United States. Approved March 1, 1869. 17 Joint Resolution granting Right of Way for the Construction of a 16 Stat., p. 57. Railroad from a Point at or near Portland, Oregon to a Point west of the Cascade Mountains, in Washington Territory. Be it resolved by the Senate and House of Representatives Branch from _ 7 # 7 n-ii Portland to of the United /States of America in Congress assembled, lhatPuget Sound. the Northern Pacific Railroad Company be, and hereby is, authorized to extend its branch line from a point at or near Portland, Oregon, to some suitable point on Puget Sound, to be determined by said company, and also to connect the same with its main line west of the Cascade Mountains, in the Territory of Washington; said extension being subject to all the conditions, and provisions, and said company in respect thereto being entitled to all the rights and privileges conferred by the act incorporating said company, and all acts additional to and amendatory thereof: Provided, That said .... . " . . , . 11 No subsidy for company shall not be entitled to any subsidy in money, bonds, this branch, or additional lands of the United States in respect to said ex- tension of its branch line as aforesaid, except such lands as may be included in the right of way on the line of such ex- tension as it may be located : And provided further, That at least twentv-five miles of said extension shall be constructed when to be * constructed. before the second day of July, eighteen hundred and seventy- one, and forty miles per year thereafter until the whole of said extension shall be completed. Approved April 10, 1869. A Resolution authorizing the Northern Pacific Railroad Company to 16 Stat., 378. issue bonds for the construction of its road and to secure the same by mortgage, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Northern Pacific Railroad Company be, and hereby is au- thorized to issue its bonds to aid in the construction and equipment of its road, and to secure the same by mortgage on its property, and rights of property of all kinds and de- 18 scriptions, real, personal, and mixed, including its franchise as a corporation ; and, as proof and notice of its legal exe- cution and effectual delivery, said mortgage shall be filed gag? r to bere- and recorded in the office of the Secretary of the Interior ; and also to locate and construct under the provisions and with the privileges, grants, and duties provided for in its Authorized to act of incorporation, its main road to some point on Puget locate and r ' r construct. Sound, via the valley of the Columbia Kiver, with the right to locate and construct its branch irom some convenient point on its main trunk line across the Cascade Mountains indemnity, to Puget Sound ; and in the event of there not being in any State or Territory in which said main line or branch may be located, at the time of the final location thereof, the amount of lands per mile granted by Congress to said company, within the limits prescribed by its charter, then said company shall be entitled, under the directions of the Secretary ot the Interior, to receive so many sections of land belonging to the United States, and designated by odd numbers, in such State or Territory, within ten miles on each side of the said road beyond the limits prescribed in said charter, as will make up such deficiency, on said main line or branch, except mineral and other lands as excepted in the charter of said company of eighteen hundred and sixty-four, to the amount of the lands that have been granted, sold, reserved, occupied by homestead settlers, pre-empted " or otherwise disposed of subsequent to the passage of the act of July two, eighteen hundred and sixty-four. And that twenty-five miles of said main line between its western ter- minus and the city of Portland, in the State of Oregon, shall be completed by the first day of January, Anno Domini, eighteen hundred and seventy-two, and forty miles of the remaining portion thereof each year thereafter, until the Disposition of whole shall be completed between said points: Provided, or" mortared that all lands hereby granted to said company, which completion of shall not be sold or disposed of, or remain subject to the mortgage by this act authorized, at the expiration of five 19 years after the completion of the entire road, shall be sub- ject to settlement and pre-emption like all other lands, at a price to be paid to said company, not exceeding two dollars and fifty cents per acre; and if the mortgage hereby author- ized shall at any time be enforced by foreclosure or other legal proceeding, or the mortgaged lands hereby granted, or any of them, be sold by the trustees to whom such mort- gage may be executed, either at its maturity, or lor any failure or default of said company under the terms thereof, such lands shall be sold at public sale, at places within the States and Territories in which they shall be situate, after not less than sixty days' previous notice, in single sections or subdivisions thereof, to the highest and best bidder: Pro- vided further, that in the construction of the said railroad American iron or steel only shall be used, the same to be manufactured from American ores exclusively. Sec. 2. And be it further resolved, That Congress may at any time alter or amend this joint resolution,, having due regard to the rights of said company, and any other par- ties. Approved May 31, 1870. AN ACT making Appropriations for sundry civil expenses of tlie 16gtat 291 Government tor the year ending June thirty, eighteen hundred and seventy-one, and for other purposes. For the survey of the public lands within the limits of the land grant to the Northern Pacific Eailroad Company in a direct line extending from Du Luth, on Lake Superior, to Georgetown, on the Eed Kiver of the North, ninety-five thousand nine hundred and eighty dollars : Provided, That five thousand dollars of this appropriation shall be expended for office work by the Surveyor-General of Minnesota : And provided further, That before any land granted to said com- pany by the United States shall be conveyed to any party 20 entitled thereto under any of the acts incorporating or re- lating to said company, there shall first be paid into the Treasury of the United States the cost of surveying, select- ing and conveying the same by the said company or party interested. Approved July 15, 1870. 17 Stats. 417. AN ACT to authorize the Northern Pacific Railroad Company to construct and maintain a bridge across the Saint Louis River. Be'it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled, That the Northern Pacific Eailroad Company is hereby author- ized to construct and maintain a draw-bridge across the Saint Louis Eiver, between Eice's Point, in the State of Minnesota, and Connor's Point, in the State of Wisconsin. That the said bridge shall be not less than ten feet above the level of the water of said river at the point where its construction is hereby authorized; that said bridge shall have a pivot-draw, giving two clear openings of one hun- dred feet each, measured at right angles to the current at the average stage of water in the river, and located in a part of the bridge that can be safely and conveniently reached at that stage ; and the next adjoining spans to the draw shall not be less than one hundred and fifty feet, if the proper lo- cation of the draw over the channel will admit spans of this width between it and the shore ; and said span shall not be less than ten feet above extreme high-water mark, measur- ing to the bottom chord of the bridge ; that said draw shall be opened promptly, upon reasonable signal, for the passage of boats whose construction shall not be such as to admit of their passage under the stationary span of said bridge, ex- cept when trains are passing over the same; but in no case shall unnecessary delay occur in opening the said draw be- fore or after the passage of trains. 21 Sec. 2. That the piers of the said bridge shall be built parallel with the current at that stage of the river which is most important for navigaiion, and that no ripraps or other outside protection for imperfect foundation will be permitted in the channel-way of the draw openings. Sec. 3. That the said Northern Pacific Railroad Com- pany shall submit to the Secretary of War, for his examina- tion, a design and drawings of the bridge and piers, and a mapof the location, giving, for the space of at least one mile above and one mile below the proposed location, the topo- graphy of the banks of the river, the shorelines at high and low water, the direction of the current at all stages, and the soundings accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject by the Secre- tary of War, and if the Secretary of War is satisfied that the provisions of the law have been complied with in re- gard to location, the building of the piers may be at once commenced; but if it shall appear that the conditions pre- scribed by this act cannot be complied with at the location where it is desired to construct the bridge, the Secretary of War shall, after considering any remonstrances filed against the building of said bridge, and furnishing copies of such remonstrances to the board of engineers provided for in this act, detail a board composed of three experienced offi- cers of the Corps of Engineers to examine the case, and, on their recommendation, authorize such modifications in the requirements of this act, as to location and piers, as will permit the construction of the bridge, not, however, di- minishing the width of the spans contemplated by this act: Provided, That the free navigation of the river be not ma- terially injured thereby. Sec. 4. That all parties owning, occupying or operating the said bridge shall maintain, at their own expense, from sunset to sunrise throughout the year, such lights on their 22 bridges as may be required by the Light-house Board for the security of navigation ; and all persons owning, occupy- ing, or operating the said bridge shall, in any event, main- tain all lights on their bridge that may be necessary for the security of navigation. Sec. 5. That any bridge constructed under this act, and according to its limitations, shall be a lawful structure, and shall be recognized and known as a post route, upon which, also, no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, than the rate per mile paid for the transportation over the railroads of public highways leading to said bridge ; and the United States shall have the right of way for postal-telegraph purposes across such bridge ; and in case of any litigation arising from any obstruction or alleged obstruction to the navigation of said river, created by the construction of said bridge under this act, the cause or question arising may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. Sec. 6. That all railway companies desiring to use the said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. Sec. 7. That the right to alter or amend this act, so as to prevent or remove all material obstructions to the naviga- tion of said river by the construction of the said bridge, is hereby expressly reserved, without any liability of the gov- ernment for damages on account of the alteration or amend- ment of this act, or on account of the prevention or re- quiring the removal of any such obstructions; and if any change be made in the plan of construction of any bridge 23 constructed under this act, during the progress of the work thereon or before the completion of said bridge, such change shall be subject to the approval of the Secretary ot War; and any change in the construction, or any alteration of said bridge that may be directed at any time by Congress, shall be made at the cost and expense of the owners there- of. Approved February 27, 1873. AN" ACT to accept and ratify an agreement with 1he Crow Indians 22 stats., 157. for the sale of a portion of their reservation in the Territory of Montana required for the use of the Northern Pacific Hailroad, and to make the necessary appropriations for carrying out the same. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a ratified and . confirmed. certain agreement made between the United States of America, represented by Llewellyn A. Luce, William II. Walker, and Charles A. Maxwell, special agents duly ap- pointed in that behalf by the Secretary of the Interior, of the one part, and the Crow tribe of Indians resident on the Crow Reservation, in the Territory of Montana, acting under the supervision and with the approval of the Secretary of the Interior, of the other part, be, and the same is hereby, ratified and confirmed. Said agree- ment is executed by a majority of all the adult male In- dians of the Crow tribe occupying or interested in the lands therein more particularly described, in conformity with the provisions contained in article eleven of the treaty with the Crow Indians of May seventh, eighteen hundred and sixty -eight, and is in the words following, namely : " Whereas by section one of an act of Congress, ap- proved July second, eighteen hundred and sixty -four, Agreement# entitled, c An act granting lands to aid in the construc- tion of a railroad and telegraph line from Lake Superior to Puget Sound, on the Pacific coast, by the northern 24 route' (thirteenth Statutes at Large, page three hundred and sixty-five,) the [Northern Pacific Railroad Company was authorized and empowered to lay out, locate, con- struct, furnish, maintain, and enjoy a continuous railroad and telegraph line, with the appurtenances, namely: Be- ginning at a point on Lake Superior, in the State of Minnesota or Wisconsin, thence westerly by the most eligible railroad route, as shall be determined by said company, within the territory of the United States, on a line north of the forty-fifth degree of latitude, to some point on Puget Sound; and "Whereas by section two of said act Congress granted to said company the right of way for the construction of said railroad and telegraph line to the extent of two hundred feet in width on each side of said railroad where it may pass through the public domain, including all necessary ground for station-buildings, workshops, depots, machine-shops, switches, side-tracks, turn-tables, and water-stations ; and "Whereas, by said section two, Congress provided that the United States should extinguish, as rapidly as may be consistent with public policy and the welfare of the Indians, the Indian titles to all lands falling under the operation of this act, and acquired in the donation to the road named in the act; and "Whereas by treaty between the United States and the Crow Indians concluded at Fort Laramie, May seventh, eighteen hundred and sixty-eight, and duly rati- fied and proclaimed (fifteenth Statutes at large, page six hundred and forty-nine), a district of country in the Territory of Montana was set apart as a reservation for the absolute and undisturbed use and occupation of said Indians ; and " Whereas, there is no provision or stipulation in said treaty authorizing said company or recognizing its right to construct its road through said reservation; and 25 "Whereas the said company did, on the twenty-fifth Map ofdeftotte 1 J ' \ location filed day of June, eighteen hundred and eighty-one, tile in ihe Juner., i88i. I department of the Interior a map showing the definite location of its line of railroad from the one hundred and seventh degree of longitude west from Greenwich west- wardly through said reservation and adjacent territory to the western boundary of the said reserve, as provided by said act of eighteen hundred and sixty-four, the com- pany having first obtained the permission of the Secre- tary of the Interior to survey its line in said reservation ; an d "Whereas the said company desires to construct its line of railroad upon such designated route, and claims the right by virtue of said act so to do: "Now, therefore, in order to fulfill the obligations of the government in the premises, this agreement, made this twenty-second day of August anno Domini eighteen hundred and eighty-one, between the Crow tribe of In- dians resident on the Crow Reservation, in the Territory of Montana, represented by their chiefs, headmen, and heads of a majority of families, and being a majority of all the adult male Indians occupying or interested in the lands hereinafter described, the said Indians acting ur- der the supervision and with the approval of the Secretary of the Interior of the United States, of the one part, and the United States of America, represented by Llewellyn A. Luce, William H. Walker, and Charles A. Maxwell, special agents duly appointed in this behalf by the Sec- retary of the Interior, of the other part, witnesseth: That for the consideration hereinafter mentioned the Crow tribe of Indians do hereby surrender and relinquish Reiin qui sn- ... . merit to the to the United States all their right, title and interest in united states. and to all that part of the Crow Reservation situate in the Territory of Montana and described as follows, namely : " A strip of land not exceeding four hundred feet in Jf^y?* riRht 26 width, that is to say, two hundred feet on each side of the line laid down on the map of definite location here- inbefore mentioned, wherever said line runs through said reservation between the one hundred and seventh de- gree of longitude west of Greenwich on the east, and the mid-channel of the Big Boulder river on the west, containing five thousand three hundred and eighty-four acres, more or less. An official copy of said map of de- finite location was, on this twenty -second day of August, anno Domini eighteen hundred and eighty-one, produced before said special agents and the Indians in council, was fully explained to said Indians, and is hereunto attached, marked A, and made a part of this agreement. Also Land for sta- the several parcels of land situate along and adjoining the said strip of land hereinbefore mentioned between the one hundred and seventh degree of longitude west of Greenwich on the east, and the mid-channel of the Big Boulder river on the west, as defined and described on a map produced before said special agents and the In- dians in council on the day and date above mentioned, and fully explained to and understood by said Indians; said tracts being designated on the aforesaid map by the letters A, B, C, D, E, F, G, II, I, J, and K, and contain- ing, respectively, the following area, that is to say: Tract A, twenty-six and twenty-three hundredths acres; tract B, twenty-eight and fifty-four hundredths acres; tract C, twenty-six and twenty-three hundredth acres; tract E, twenty-six and twenty-three hundredths acres; tract F, twenty-six and twenty -three hundredths acres; tract G, twenty-six and twenty -three hundredths acres; tract H, twenty-six and twenty -three hundredths acres; tract I, twenty-six and twenty-three hundredths acres; tract J, twenty-eight and thirty- two hundredths acres; tract K, twenty-six and twenty- three hundredths acres, aggregat- ing two hundred and sixty-six acres, more or less, said map being hereunto attached, marked B, and made a 27 part of this agreement ; which last mentioned tracts are intended for the use of said Northern Pacific Lailroad Company for station-houses, depots, switches, and so forth. It is further stipulated and agreed that the United States will not permit the said railroad company- its employees or agents, to trespass upon any part of the lands of the Crow Indian Keservation not hereby relin- quished, nor permit said company, its employees or agents, to cut any timber, wood, or hay from the lands embraced in said reservation. " And it is further stipulated and agreed that the Sec- retary of the Interior, upon such terms as he may see fit to impose, may permit to be constructed, maintained, and used within said Crow Indian Reservation wagon-roads not exceeding three in number, in addition to any estab- lished wagon-roads which maybe now in use therein; the said three roads to connect with the line of said rail- road at such points as the Secretary of the Interior may designate; all of which wagon-roads shall be under the control of the Government of the United States. " In consideration for the lands hereby relinquished, amounting in the aggregate to five thousand six hundred and fifty acres, more or less, and for the privileges herein granted, the United States stipulates and agrees to pay to the Crow tribe of Indians the sum of twenty-five thousand dollars, to be deposited in the Treasury of the United States to the credit of the said tribe of Indians upon the ratification of this agreement by Congress, and the necessary appropriation made therefor, the sum aioresaid to be expended for the benefit of said Indians in such manner as the Secretary of the Interior may direct; the same to be in addition to any and all moneys to which the said Indians are entitled under the provi- sions of the treaty of May seventh, eighteen hundred and sixty-eight, hereinbefore mentioned. " All provisions of existing treaties with the Crow In- BAKCROFT LIBRARY 28 dians not affected by this agreement are to remain in full force and effect, and this agreement is to be subject to ratification by Congress. "Executed at Crow Agency, in the Territory of Mon- tana, this twenty-second day of August, anno Domini eighteen hundred and eighty-one, as witness the follow- ing signatures." Appropria- Sec. 2. That for the purpose of carrying the provisions tlon ' of this act into effect the sum of twenty-five thousand dollars is hereby set aside, out of any moneys in the United States Treasury not otherwise appropriated, to be deposited in the United States Treasury to the credit of the Crow tribe of Indians, and to be expended for the benefit of the said Indians in such manner as the Sec- retary of the Interior may direct. Rijrht of way Sec 3. That the right of way over the land relinquished and lands for . a Irantedto'the^ sa ^ agreement to the United States for the construc- company. ^ on f ga ^ Northern Pacific Railroad, and the use of the several parcels of land so relinquished intended to be used for depots, stations, sidings, and so forth, for said railroad, are hereby granted to said Northern Pacific Rail- road Company, its successors and assigns, for the uses and purposes in said agreement set forth; but the land, or any " part thereof, relinquished to the United States by said agreement shall not be used for railroad purposes by or for the said Northern Pacific Railroad Company, its suc- cessors or assigns, except upon the condition precedent Company to o ? r r r Stotes e for"th d ^ iat ^ e sa *^ company, its successors or assigns, shall, lands. within sixty days from the taking effect of this act, pay to the Treasurer of the United States said sum of twenty- five thousand dollars hereby appropriated to be paid by the United States for the lands relinquished to the United States by said agreement, and shall within the same time file with the Secretary of the Interior its written acceptance of the conditions of this section; nor shall said land, or any part thereof, be continued to be 29 used for railroad purposes by or for said Northern Pacific Railroad Company, its successors or ' assigns, except upon the further condition that said company, its successors or assigns, will pay any and all damages which the United States or said Indians, individ- ually or in their tribal capacity, or any other Indians lawfully occupying said reservation, may sustain by reason or on account of the act or acts of said company, its successors or assigns, its agents or employees, or on account of fires originating by or in the construction or operation of said railroad, the damages in all cases to be recovered in any court of the Territory of Montana hav- ing jurisdiction of the amount claimed, upon the suit or action instituted by the proper United States attorney in the name of the United States: Provided, That the said United States attorney may accept such sum of money in satisfaction .of any such injury or damages as in his discretion may be just; and if so accepted before suit or action is commenced, no suit or action shallbe instituted, and if accepted after commencement of suit or action, the same shall be dismissed at the cost of said company, its successors or assigns. Sec. 4. That all moneys accepted or recovered under r^ money to the provisions of section three of this act shall be covered n t C o ve t h e into the Treasury of the United States, and if accepted reasury - or recovered on account of damages sustained by said In- dians as aforesaid, they shall be placed to the credit of said Indians in their tribal-names, to be expended by the Secretary of the Interior for the benefit of said Indians in such manner as he may deem for their best interest, except in the case of an individual Indian, when the amount covered into the Treasury shall be expended for his sole benefit. Approved, July 10, 1882. 30 CONSENT OF STATES MINNESOTA. Special Laws 1865, page 228. AN ACT to aid in the construction of the "Northern Pacific Railroad and Telegraph Line " from Lake Superior to Puget's Sound. Whereas, the Congress of the United States of America did, by an act entitled 'An act granting lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget Sound, on the Pacific coast, by the northern route," approved the second day of July, 1864, create a body politic and corporate by the name, style, and title of the " Northern Pacific Railroad Company," and, among other things, did authorize and empower said com- pany to lay out, construct, furnish, maintain, and enjoy a con- tinuous railroad and telegraph line, with the appurtenances namely: beginning at a point on Lake Superior, in the State of Minnesota or Wisconsin, thence westerly by the most eli- gible railroad route to be determined by said company, within the territory of the United States, on a line north of the forty- fifth degree of latitude, to some point on Puget's, Sound, with a branch, via the valley of Columbia River to a point at or near Portland, in the State of Oregon, leaving the maintrunk line at the most suitable place not more than three hundred miles from its western terminus, and did also vest in said company all the rights, powers, privileges and immunities necessary to carry into effect the purposes of said act as therein set forth. And whereas, the Congress of the United States did also, by said act, authorize said Northern Pacific Railroad Com- pany to accept, hold and enjoy to its own use any grant, 31 donation, loan, powers, franchise, aid or assistance which might be granted to said company by the Congress of the United States, by the Legislature of any State, or by any corporation, person or persons, for the purposes of said act. And whereas, the said Northern Pacific Railroad Com- pany was also required by said act to obtain the consent of the Legislature of any State through which any portion of said railroad line might pass previous to commencing the construction thereof; Now, therefore. Be it enacted by the Legislature of the State of Minnesota: Sec. 1. That the consent of the State be and the same is here- by given to the said Northern Pacific Railroad Company to survey, lay out, locate, construct, furnish, maintain and en- joy a continuous railroad and telegraph line with the ap- purtenances, within its limits, on the line in said act of Congress authorized; and for the purposes aforesaid in said act of Congress set forth, and in order to carry the same into full effect, the said Northern Pacific Railroad Company, its successors and assigns, are hereby vested with all the rights, powers, privileges, and immunities, within the limits of this State, which are by said act of Congress conferred upon them within the territories and jurisdiction of the United States, subject to the conditions in said act contained, and to the following proviso: Provided, That should the said company elect to make the eastern terminus of said road east of the eastern boundary of the State of Minnesota, then, and in that case, they shall construct, or cause to be con- structed, a line of railroad from the said main line to the navigable waters of Lake Superior, within the State of Min- nesota, of the same gauge as said main line, for which purpose the same powers, rights, and privileges are hereby granted to said company as they have or may have to con- struct said main line within the State of Minnesota: And provided further, That nothing in this act contained shall be construed as exempting the road-bed and other prop- erty of said company within this State from taxation. Approved March 2, 1865. 32 WISCONSIN. Private and Local Laws 1865, page 290. AN ACT to authorize the Northern Pacific Railroad and telegraph company, incorporated by an act of Congress entitled "An act granting lands to aid in the construction of a railroad and tele- graph line from Lake Superior to Puget's Sound, on the Pacific coast, by the Northern route," approved July 2d, 1864, to con- struct their railroad and telegraph line through the State of Wis- consin. The people of the State of Wisconsin represented in Senate and Assembly do enact as follows : Sec. 1. The consent of the State of Wisconsin is hereby given to the Northern Pacific Railroad Company, incor- porated by an act of Congress entitled "An act granting lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget Sound, on the Pacific coast, by the Northern route," approved July 2d, 1864, to survey, lay out, locate, construct, finish, maintain and enjoy a contin- uous railroad and telegraph line, with the appurtenances, within its limits, on the line within the said act of Congress indicated and authorized ; and for the purposes aforesaid, and in said act of Congress set forth, and in order to carry the same into full effect, the said Northern Pacific Railroad Com- pany, its successors and assigns, are hereby vested with all the rights, powers, privileges, and immunities within the limits of this State which are by said act of Congress con- ferred upon them within the territories and jurisdiction of the United States : provided, That said Northern Pacific Railroad Company shall be prohibited at any time prior to the actual building or equipment of said 'railroad, from allowing any railroad company chartered by the laws of the State of Minnesota, to use or enjoy any of the privileges hereby granted to the Northern Pacific Railroad Company, to be exercised in the State of Wisconsin : And provided further, That nothing herein contained shall be construed to prevent the said Northern Pacific Railroad Company, after the building and equipment of said road through the 33 State of Wisconsin, from making such contracts for connec- tions with Minnesota railroads, in the State of Wisconsin, [as] they may deem proper. Sec. 2. This act shall take effect and be in force from and after its passage and publication. Approved April 10, 1865. OREGON. Laws of 1874, page 101. AN ACT granting to the Northern Pacific Railroad Company, a cor- poration created by, and existing under, the laws of the United States, the consent of the State of Oregon to Construct its Railroad and Telegraph Line within the limits of this State. Be it enacted by the Legislative Assembly of the State of Oregon : Section 1. That the consent of this State be, and is, here- by given to the Northern Pacific Railroad Company, a cor- poration chartered by an act of the Congress of the United States, approved July 2, 1864, to construct its road and tele- graph line, or any portions of the same, within the bound- aries of this State, and to enjoy, within said boundaries, the rights and privileges which said corporation has, or may have, under the laws of the United States by virtue of said Act of Congress, and the amendments thereto ; Provided That nothing herein, or in any law of this State contained, shall be so construed as to authorize the said Northern Pa- cific Railroad Company to exclude other railroad corpora- tions from laying down a track within the limits of the right of way allowed to said Northern Pacific Railroad Company in mountain or river passes, where there is not otherwise room, at ordinary and reasonable expense, for two or more roads. Sec. 2. Said Northern Pacific Railroad Company shall 34 not be assessed for taxation upon its road, right of way, or the materials used or provided for use, in this State, in the construction of its road or telegraph line, except upon those portions of its line of road as shall be so far completed as to be thrown open to public use. Sec. 3. Nothing in this act shall have the effect, or be so construed, as in any manner interfering with or obstructing the location, or construction of the Portland, Dalles and Salt Lake Kailroad, or any section thereof, or its depots, stations, or side-tracks, as provided by an Act approved the 15th day of October, 1872, and an Act approved the 20th day of October, 1874. Approved, October 28, 1874.