SOUTHWEST PACIFIC 
 
 RAILROAD COMPANY. 
 
 ATLANTIC & PACIFIC 
 
 RAILROAD COMPANY. 
 
 Statutes, Conveyances and Documents. 
 
 STOCK HOLDER JOB PRINTING OFFICE, 
 73 "William Street. 
 
 1807. 
 

 SOUTHWEST PACIFIC 
 
 RAILROAD COMPANY. 
 
 ATLANTIC & PACIFIC 
 
 RAILROAD COMPANY. 
 
 Statutes, Conveyances and Documents. 
 
 STOCKHOLDER JOB PRINTING OFFICE, 
 VS "William Street. 
 
 1867. 
 
{ 
 
 CONTENTS. 
 
 1 . Organization of the Southwest Pacific Railroad i. 
 
 2. Officers of the Southwest Pacific Railroad 1 
 
 3. Organization of the Atlantic and Pacific Railroad 3 
 
 4. Officers of the Atlantic and Pacific Railroad 5 
 
 5. Historical Memoir of the Southwest Pacific Railroad 7 
 
 6. Act of Congress granting right of way and public lands to the State 
 
 of Missouri. Approved June 10th, 1852 18 
 
 7. Act of Congress supplemental to Act granting lands, &c., to the 
 
 State of Missouri . Approved June 5th, 1862 16 
 
 8. Act of General Assembly of Missouri accepting grant from Congress, 
 
 and applying same to this road. Approved December 25th, 1852. 17 
 
 9. Act of the General Assembly of Missouri to secure the completion of 
 
 certain Railroads. Approved December 10th, 1855 20 
 
 10. Act of the General Assembly of Missouri to provide for the sale of 
 
 cei tain Railroads, &c. Approved February 19th, 1866 21 
 
 11. Act of the General Assembly of Missouri supplemental to an Act to 
 
 provide for the sale of certain Railroads, &c. Approved March 
 
 19th, 1866 82 
 
 13. Act of the General Assembly of Missouri incorporating the purchaser 
 
 or purchasers of any Railroad, &c. Approved March 20th, 1866. . 34 
 
 13. Notice of Sal e of the Southwest Pacific Railroad 37 
 
 14. Proposal of J. C. Fremont for the purchase of the Southwest Pacific 
 
 Railroad and contract thereon 41 
 
 15. Power of Attorney. J. C Fremont and wife to James Taussig 51 
 
 16. Deed of the State of Missouri to J. C. Fremont 53 
 
 17. Mortgage by J. C. Fremont and wife to the State of Missouri 56 
 
 18. Deed of J. C. Fremont and wife to the Southwest Pacific Railroad 
 
 Company 60 
 
 19. Mortgage of Southwest Pacific Railroad Company to Trustees 63 
 
 20. Note of Merger with the Atlantic and Pacific Railroad Company 74 
 
O R G- A N I Z AT I O 1ST 
 
 SOUTHWEST PACIFIC RAILROAD COMPANY, 
 
 Under Act of General Assembly of Missouri, approved 
 March 20th, 1866. 
 
 CAPITAL STOCK, 
 
 80,000 Shares, S10O each, . 88,000,000 
 
 Mortgage Bonds, . . . S7,25O,OOO 
 IN SUMS OF $1,000 EACH. 
 
 Issued at the rate of $25,000 per mile upon Completed Road. 
 Guaranteed by the " Atlantic and Pacific Railroad Company." 
 
 LENGTH OF ROAD. 
 
 Completed, ..... 90 Miles 
 
 In progress, * . 200 " 
 
 290 Miles 
 
 Number of Acres embraced in Land-Grant. 
 
 (One million two hundred and fifty thousand), 1,250,000 
 Of which there has been sold . . 200,000 
 
 BALANCE UNSOLD, . ; ; 1,050,000 Acres 
 
 Embracing Agricultural and Mineral lands. 
 JANUARY, 1867. 
 
OFFICE ES 
 
 OP THE 
 
 SOUTHWEST PACIFIC RAILROAD COMPANY, 
 
 1866-'67. 
 
 DOARD OF DIRECTORS. 
 
 GEN'L JOHN C. FREMONT, FREDERICK BILLINGS, 
 CHARLES H. WARD, LEVI PARSONS, 
 
 E. F. BEALE, J. P. ROBINSON, 
 
 JOSIAH CALDWELL, JAMES TAUSSIG, 
 
 CHAS. ZAGONYI, A. JACOBS, 
 
 J. J. GRAVELY, S. H. BOYD, 
 
 GEORGE T. M. DAVIS. 
 
 PRESIDENT: 
 
 GEN'L JOHN C. FREMONT, 
 
 VICE-PRESIDENT: 
 
 HON. LEVI PARSONS, 
 
 TREASURER: 
 
 WILLIAM A. STEPHENS. 
 
 SECRETARY: 
 
 C. F. MANSON. 
 
 CHIEF ENGINEER: 
 
 J. P. ROBINSON, 
 
 SUPERINTENDENT: 
 
 WILLIAM A. PILE. 
 
 AGENT OF LAND DEPARTMENT: 
 
 A. ALBERT. 
 
 Office. 54 William Street, New- York. 
 
O R G- A N I Z AT I O 1ST 
 
 OF THE 
 
 ATLANTIC AND PACIFIC KAILROAD COMPANY, 
 
 Under Act of Congress approved July 27th, 1866. 
 
 CAPITAL STOCK, 
 $100,000,000, 
 
 One Million Snares, of 10O Dollars each. 
 
 Mortgage per mile to be regulated by Act of Congress. 
 
 LENGTH OF EOAD, . i i 2,000 MILES, 
 
 Number of Acres embraced in Land-Grant. 
 (Mfty-five millions), . . 55,000,000. 
 
 JANUARY, 1867, 
 
OFFICERS 
 
 OF THE 
 
 ATLANTIC AND PACIFIC RAILROAD COMPANY. 
 
 JOHN C. FREMONT, NEW-YOBK. 
 Hex. LEVI PARSONS, " 
 
 PAUL S. FORBES, " 
 
 HENRY H. WARD, 
 
 ROBERT L. CUTTING, " 
 
 LEONARD W. JEROME, 
 
 CHARLES H. WARD, 
 
 J. P. ROBINSON, 
 
 CHARLES GOULD, 
 
 DANIEL R. GARRISON, ST. Louis, Mo. 
 E. W. FOX. 
 
 FREDERICK BILLINGS, CALIFORNIA. 
 L. L. ROBINSON, 
 
 PRESIDENT: 
 
 GEN'L JOHN C. FREMONT, New-York. 
 
 ASSISTANT PRESIDENT: 
 
 HON. LEVI PARSONS, New-York. 
 
 FIRST VICE-PRESIDENT: 
 
 DANIEL R. GARRISON, Missouri 
 
 SECOND VICE-PRESIDENT: 
 
 L. L. ROBINSON, California. 
 
 SECRETARY: 
 
 CHARLES H. HOWLAND, Missouri. 
 
 TREASURER: 
 
 WM. A. STEPHENS, New-York. 
 
 Office, 54: William Street, New- York- 
 
HISTOEIOAL MEMOIR 
 
 OF THE 
 
 SOUTHWEST PACIFIC RAILROAD, 
 
 PKEVIOFS to 1850, little or no attention had been given to the 
 subject of internal improvements in the State of Missouri. A 
 Board of Improvement had been created in 1840, but nothing 
 further was done than to make a survey for a railroad from St. 
 Louis to the Iron Mountain, by the way of Big river, and some 
 surveys of the Osage river, with a view of improving its navi- 
 gation. 
 
 The subject of a railroad across the continent having been dis- 
 cussed in various quarters, for several years, Col. Benton, then 
 United States Senator for Missouri, on the 7th of February, 
 1849, introduced a bill into the United States Senate to provide 
 for the location and construction of a central national road from 
 the Pacific ocean to the Mississippi river to be an iron railway 
 where practicable, and a wagon road where a railway was not 
 practicable and proposed to set apart seventy-five per cent, of 
 the proceeds of the sales of the public lands in Oregon and 
 California, and fifty per cent, of the proceeds of all other sales 
 of the public lands, to defray the cost of its location and con- 
 struction. 
 
 On the 20th February, a spirited public meeting was held at 
 the court-house in St. Louis, and a series of resolutions, intro- 
 duced by Thomas Allen, was adopted, requesting the Legis- 
 lature, then in session, to grant a charter and right of way, &o. 9 
 
for a railway across the state, from St. Louis to the western 
 boundary. 
 
 On the 12th of March, 1849, a charter was granted, providing 
 for a capital of $10,000,000, and with "power to survey, mark, 
 locate and construct a railroad from the city of St. Louis to the 
 city of Jefferson ; and thence to some point on the western line 
 of Van Buren county, in this state, with a view that the same 
 may be hereafter continued westwardly to the Pacific ocean." 
 The corporators named in the charter were John O'Fallon, Louis 
 V. Bogy, James H. Lucas, Edward "Walsh, George Collier, 
 Thomas B. Hudson, Daniel D. Page, Henry M. Shreve, James 
 E. Yeatman, John B. Sarpy, "Wayman Crow, Joshua B. Brant, 
 Thomas Allen, Robert Campbell, Pierre Chouteau, Jr., Henry 
 Shaw, Bernard Pratte, Ernst Angelrodt, Adolphus Meier, Louis 
 A. Benoist and Adam L. Mills. 
 
 At this time not a single railroad touched St. Louis on either 
 Bide of the Mississippi river, nor was any built in the vicinity. 
 The Erie Railroad was not completed, and enly 7,000 miles of 
 railroad had been constructed in the United States. At that 
 time there were large bodies of public land in the state open to 
 private entry, 29,216,000 acres as was stated in the memorial to 
 Congress, remaining unsold. 
 
 The following gentlemen were elected directors for the first 
 year: Thomas Allen, James II. Lucas, D. D. Page, Edward 
 "Walsh, George Collier, James E. Yeatman, L. M. Kennett, Louis 
 A. L:ibc:iunie and James Harrison. The preliminary surveys 
 were commenced on the 24th May, and were closed on the 29th 
 November, 1850. 
 
 Five different lines were surveyed, embracing in the whole 
 over 800 miles of survey. Taking into consideration as well the 
 estimated cost of construction of the different lines, as the pro- 
 bable need of a branch to the Iron Mountain, and to the south- 
 west part of the state, the location, by Mill creek valley, valley 
 of the River Des Peres, and by the valley of the Meramec, was 
 adopted on the 18th of June, 1851. 
 
 The first division of the road (33 miles) having been put under 
 contract, the first spadeful of earth was removed, in the absence 
 of the governor, by the then mayor of the city, Mr. Kennett, on 
 the 4th of July, in the presence of a large and enthusiastic 
 audience, who were first addressed by the president and lion. 
 Edward Bates. This memorable event took place at a point on 
 
9 
 
 the south bank of Chouteau Pond, on Mr. Minckes' ground, west 
 of Fifteenth street. 
 
 In the winter of 1850-'51, a plan for a complete system of 
 railroads for the state was laid before the Legislature by Thomas 
 Allen, president of the road, who had been elected to the state 
 senate, and including a form of state aid by a loan of the public 
 credit. This plan, which was soon adopted w^ith some variation 
 of starting points, contemplated the issue of state bonds to the 
 railroad company to an amount equal to the amount first to be 
 advanced by the stockholders, the company agreeing to pay the 
 interest and principal of the bonds, and the state reserving a first 
 lien on the road as security. The first act was approved Feb- 
 ruary 22d, 1851, and provided for the issue to the extent of two 
 millions of state bonds to the Pacific Railroad Company, in sums 
 of $50,000, upon satisfactory evidence being furnished to the 
 governor, at each application, that a like sum of $50,000 had 
 been expended by the company, derived from sources other than 
 state bonds ; and provided, that the bonds should not be sold 
 below par. These bonds having twenty years to run, and bear- 
 ing six per cent, interest, were sold for a premium for more than 
 a year and a half, and some were sold as high as 110. Some 
 important amendments to the charter were granted at the same 
 session, by an act approved March 1, 1851. 
 
 Congress, on the 10th June, 1852, passed an act granting to 
 the state of Missouri the alternate sections of land in a strip six 
 sections in width on each side of the line, for the construction of 
 a railroad from St. Louis to the western boundary of the state. 
 So largely, however, had individuals entered the public lands the 
 previous year or two, in consequence of the railroad surveys, 
 that it was found that the grant would be of little value for con- 
 structing a railroad in a direct line westward from St. Louis to 
 the western boundary. Therefore, in view of the immense dis- 
 trict of country lying at the south-west, known to be desirable 
 in soil, climate and minerals, yet theretofore inaccessible, and also 
 in view of the probability that a good route for the NATIONAL 
 ROAD to California might be found along the 35th parallel, it 
 was deemed advisable to make a fork in the line of road, and 
 run one branch nearly west in the direction of Kansas, via the 
 state capital, and the other fork in the southwestern direction. 
 To the road from St. Louis to the point of divergence from the 
 main line, and thence to the southwest boundary of the state, 
 
10 
 
 the state granted the lands by the act ot December 20th, 1852, 
 without bonus, and with an exemption from taxation until the 
 road could pay a dividend; and with also a further loan of 
 $1,000,000 to the Kansas branch, and $1,000,000 to the South- 
 west Road. The right of pre-emption to actual settlers already 
 on the lands, at $2.50 per acre, was, however, reserved. 
 
 Mr. Allen, president of the company, was appointed the agent 
 of the state to select the lands, and for that purpose he went to 
 Washington City. The lands selected, and the schedule of 
 which, as furnished by the General Land Office, has the force of 
 a patent, amounted to about 1,200,000 acres. 
 
 About this time provision was made by law providing for a 
 geological survey of the state, and $10,000 a year for two years 
 was appropriated for that object. One of the consequences 
 which has flowed from that law is, the accompanying interesting 
 report of the state geologist, upon the geology of the country, 
 rich in minerals, through which the Southwest Pacific Railroad 
 is located. 
 
 It was on the 31st March, 1853, that Congress provided for 
 such explorations and surveys as the War Department might 
 deem advisable, in order to ascertain the most practicable and 
 economical route for a railroad from the Mississippi river to the 
 Pacific Ocean. Very soon after, Mr. Allen, beinsr then in Wash- 
 ington, and believing a route in that direction practicable, pro- 
 posed to the Secretary of War to make a survey, without expense 
 to the government, for a railroad through southwestern Missouri, 
 and thence by the way of the Canadian river and Albuquerque, 
 <fcc., to California, which route has been since travelled in part 
 for some years by the overland mail. 
 
 In 1852, Thomas S. O'Sullivan, Esq., having been elected chief 
 engineer, on the resignation of Mr. Kirk wood, the Southwest 
 Branch was surveyed and located, under the immediate charge 
 of his assistant, James K. Ford, Esq. 
 
 In July, 1853, the first division was opened from St. Louis to 
 Franklin, thirty-eight miles. In the spring of that year, the 
 president being then in New York, a contract was made with 
 Diven, Stancliff & Co., for the construction of the whole South- 
 western Road. A meeting of stockholders was held at Mercantile 
 Library Hall, and it was proposed that the county of St. Louis 
 make an additional subscription of 81,200,000 to the capital stock 
 of the company, to be paid by taxation within four years, and 
 
11 
 
 that the stockholders claim no exemption from the tax, as the 
 law allowed, in consequence of their being already subscribers. 
 At the election which took place, on the question of making the 
 subscription and levying the heavy tax proposed on the part of 
 the county of St. Louis, it was decided affirmatively by a vote 
 of 3420 yeas to 1133 nays. Thus the people of St. Louis made 
 themselves the ficst example in the state under the law author- 
 izing the imposition of taxes for railroad purposes. 
 
 On the resignation of Mr. Allen, HUDSON E. BRIDGE, Esq., was 
 elected president April 25, 1854. The work was pushed forward 
 on all the contracts to Jefferson City in 1855; and in September, 
 the work under the contract for Southwestern Road was also 
 commenced. 
 
 A law was passed on the 7th of December, 1855, to secure the 
 prompt payment of the interest on the state bonds, by requiring 
 the setting apart out of the state treasury, on the 1st July, 1856, 
 the sum of $200,000 as a basis of a state interest fund, and the 
 further sum of $100,000 annually for thirteen years. The treas- 
 urer and auditor of the state were made commissioners of this 
 fund ; and in case any railroad company failed to deposit with 
 the treasury of the state a sufficient sum to meet the interest 
 upon any state bonds loaned to them thirty days before the 
 interest becomes due, the auditor is required to pay out of the 
 fund to the treasurer a sum sufficient to pay the interest as it 
 falls due, such sum to be refunded by the delinquent railroad 
 company, under penalty of receiving no more bonds and forfeit- 
 ing their road to the state. 
 
 The security of the state, being the first lien, was based not 
 only upon the roads themselves and their appurtenances, but also 
 upon large grants of land, amounting to over two millions of 
 acres, of which the fee simple title has absolutely passed by act 
 of Congress and the decision of the general land office. For a 
 breach of the conditions of the acts under which state aid was 
 granted to the several roads, the sale of several, among them the 
 Southwest Branch, now known as the Southwest Pacific Rail- 
 road, was decreed by statutes of the state, the text of which is 
 hereto subjoined. The various documents connected with the 
 sale of the road and its transfer to the present Southwest Pacific 
 Railroad Company are also herewith printed. 
 
 Inasmuch as this road is to become and to be known as the 
 Missouri Division of the Atlantic and Pacific Railroad, chartered 
 
12 
 
 by act of Congress approved July 27th, 1866, the guaranty of 
 the latter company has been affixed to the bonds of the South- 
 west Pacific Railroad. The broader land grant of the Atlantic 
 and Pacific Company, ten alternate sections on either side of the 
 road within the limits of Missouri and twenty sections from 
 the western boundary of the state to the Pacific ocean, 
 covers a portion of the route of the Southwest Pacific in 
 Missouri. In view of which the names of the officers and 
 board of directors of the former company are published here- 
 with, the organization having been fully completed in accord- 
 ance with the act of Congress and certificate thereof filed in the 
 Department of the Interior, according to the requirements of the 
 statute. The preliminary steps for a merger of the two com- 
 panies have already been taken. The land grant in aid of the 
 construction of the Atlantic and Pacific Company embraces 
 about 55,000,000 acres in Missouri, the- Indian Territory, Xew 
 Mexico, Arizona and California. The route enters ai ; 
 along the zone of fertile land which, as the thirty-fourth parallel 
 of latitude is approached, extends some 350 miles farther i 
 than such land is found to the northward of that vicinity, even 
 to the forty-ninth parallel of latitude, where the nine! y->e\ enth 
 meridian is the general \\estern limit of the arable belt. The 
 Missouri Division of this givat line between the Missouri river 
 at St. Louis and the Pacific, as well from its local as from its 
 contemplated through traffic, must be deemed one of the most 
 valuable sections of railway in the country. For the business 
 of the region it serves it nowhere encounters competition from 
 navigable waters; and having been a favored line in Missouri, 
 the recipient of aid both in money and lands, it may be said, 
 so far as parallel or rival projects are concerned, that very 
 many years must elapse before even the boldest projectors will 
 seek to confront the formidable expenditure already represented 
 in the cash and land capital of the road. 
 
13 
 
 CHAPTER XLV. 
 
 An Act granting the Right of Way to the State of Missouri, 
 and a portion of the Public Lands, to aid in the construction 
 of certain Railroads in said State. 
 
 JBe it enacted by the Senate and House of Representatives of the 
 United States of America, in Congress assembled : 
 
 That the right of way through the public lands be, and the same 
 is hereby granted to the State of Missouri, for the construction of 
 railroads from the town of Hannibal to the town of St. Joseph, 
 in said state, and from the city of St. Louis to such point on the 
 western boundary of said state, as may be designated by the au- 
 thority of said state, with the right also to take necessary materials 
 of earth, stone and timber for the construction thereof from the 
 public lands of the United States adjacent to said railroads ; 
 provided, that in locating the railroads aforesaid, and assigning 
 the limits to the easement, no more land shall be taken from the 
 "United States than is necessary for a convenient construction and 
 use of said roads as public ways for transportation, including 
 stations, with the usual buildings of all kinds, turnouts and such 
 other appurtenances as are usually enjoyed by railroad com- 
 panies, and a copy of the location of said roads, made under the 
 direction of the Legislature, shall be forwarded to the proper 
 local land offices respectively, and to the general land office at 
 Washington city, within ninety days after the completion of the 
 same, to be recorded. 
 
 SEC. 2. And be it further enacted, That there be and is hereby 
 granted to the State of Missouri, for the purpose of aiding in 
 making the railroads aforesaid, every alternate section of land 
 designated by even numbers, for six sections in width on each 
 side of said road ; but in case it shall appear that the United 
 States have, when the line or route of said roads, or either of 
 them, shall be definitely fixed by the authority aforesaid, sold 
 any section or any part thereof granted as aforesaid, or that 
 
14 
 
 the right of pre-emption has attached to the same, then it shall 
 be lawful for any agent or agents to be appointed by the governor 
 of said state, to select, subject to the approval of the Secretary 
 of the Interior, from the lands of the United States most con- 
 tiguous to the tier of sections above specified, so much land in 
 alternate sections, or parts of sections, as shall be equal to such 
 lands as the United States have sold, or to which the right of 
 pre-emption has attached as aforesaid; which lands, thus 
 selected in lieu of those sold, and to which pre-emption rights 
 have attached as aforesaid, together with the sections and parts 
 of sections designated by even numbers as aforesaid, and appro- 
 priated as aforesaid, shall be held by the State of Missouri for 
 the use and purposes aforesaid ; provided that the lands to be so 
 located shall in no case be further than fifteen miles from the line 
 of the road in each case ; provided further, that the lands hereby 
 granted shall be exclusively applied in the construction of that 
 road for which it was granted and selected, and shall '> dispOMd 
 of only as the work progresses, and the same shall In- applied to 
 no other purpose whatsoever; and provided further, that any 
 and all lands heretofore reserved to the Unit' - by any 
 
 act of Congress, or in any other manner by competent authority. 
 for the purpose of aiding in any object of internal improvement, 
 or for any other purpose whatsoever, be and the same are hereby 
 reserved to the United States from the operation of this act, ex- 
 cept so far as it may be found necessary to locate the route of 
 the said railroads through such reserved lands, in which case the 
 right of way only shall be granted. 
 
 SEC. 3. And be it farther enacted, That the sections and parts 
 of sections of land which, by such grant, shall remain to the 
 United States, within six miles on each side of said roads, shall 
 not be sold for less than double the minimum price of the public 
 lands when sold ; which lands shall from time to time be offered 
 at public sale to the highest bidder, under the direction of the 
 Secretary of the Interior, and shall not be subject to entry until 
 they shall have been so offered at public sale. 
 
 SEC. 4. And be it further enacted, That the said lands hereby 
 granted to the said state shall be subject to the disposal of the Leg- 
 islature thereof for the purposes aforesaid, and no other; and the 
 said railroads shall be and remain public highways for the use 
 of the government of the United States, free from toll or other 
 
15 
 
 charge upon the transportation of any property or troops of the 
 United States. 
 
 SEC. 5. And be it further enacted, That the lands hereby grant- 
 ed to said state shall be disposed of by said state only in manner 
 following, that is to say: that a quantity of land not exceeding 
 one hundred and twenty sections on each road, and included 
 within a continuous length of twenty miles of said road, may be 
 sold ; and when the governor of said state shall certify to the 
 Secretary of the Interior that said twenty miles of said road is 
 completed, then another like quantity of land hereby granted 
 may be sold ; and so from time to time, until said road is com- 
 pleted ; and if said road be not completed within ten years, no 
 further sales shall be made, and the land unsold shall revert to 
 the United States. 
 
 SEC. 6. And be it further enacted. That the United States mail 
 shall at all times be transported on said railroads under the di- 
 rection of the Post Office Department, at such price as Congress 
 may by law direct. 
 
 Approved June 10th, 1852. 
 
16 
 
 CHAPTER XCVIL 
 
 An Act supplemental to " An Act granting the Right of Way to 
 the State of Missouri, and a portion of the Public Lands to 
 aid in the construction of certain Railroads in said State," 
 approved June tenth, eighteen hundred and fifty-two. 
 
 Be it enacted by the Senate and Ilouse of Representatives of 
 the United States of America in Congress assembled, That the 
 time required by the act to which this is supplemental, for the 
 completion of the road therein described, " from the city of St. 
 Louis to such point on the western boundary of said state as may 
 be designated by the authority of said state," as well as the time 
 of reversion to the United States of the lands thereby granted to 
 the state of Missouri for the use of said road, is hereby extended 
 for ten years, from the tenth day of June, eighteen hundred and 
 sixty-two: provided, that in case said company fail to complete 
 said road within the time as thus extended, the said lands shall 
 then revert to the United States. 
 
 Approved June 5th, 1862. 
 
-A.3ST A.CT 
 
 To accept a grant of land made to the State of Missouri by the 
 Congress of the United States, to aid in the construction of 
 certain Railroads in this State, and to apply a portion there- 
 of to the Pacific Railroad. 
 
 He it enacted by the General Assembly of the State of Mis- 
 souri as follows : 
 
 SEC. 1. That all that portion of the lands granted to this state 
 by the act of Congress, entitled, "An act granting the right of 
 way to the state of Missouri, and a portion of the public lands 
 to aid in the construction of certain railroads in said state," ap- 
 proved June 10th, 1852, so far as the same are applicable to the 
 construction of a railroad from the city of St. Louis to such point 
 on the western boundary of this state as may be designated by 
 the Pacific Railroad (Company), and which may be selected or 
 located in conformity with the provisions of said act, together 
 with all the rights and privileges thereto belonging or in said 
 act granted, shall vest in full and complete title in the Pacific 
 Railroad (Company), for the uses and purposes, and subject to 
 the conditions, reversion and provisions set forth and contained 
 in said act of Congress and in this act. 
 
 SEC. 2. The Pacific Railroad (Company) may lay out, con- 
 struct and maintain a line of railway, or branch railroad, with a 
 single or double track, from any point on the main line of the 
 Pacific Railroad east of the Osage River, to any point on the 
 western Jboundary of this state, south of the Osage River, which 
 the said corporation may select, and for that purpose shall have 
 the same rights, powers and privileges, and be subject to the 
 game provisions and conditions in respect to the right of way, 
 depot grounds, water stations, engine houses, machine shops, 
 stopping stages, and other buildings, and the use of materials, 
 and the location, construction, maintaining and operation of the 
 said branch railroad as are made applicable to the Pacific Rail- 
 road, by the act entitled "An act to incorporate the Pacific Rail- 
 
18 
 
 road," approved March 12th, 1849, and the act amendatory there- 
 of, approved March 1st, 1851. 
 
 S !:<. 8. As soon as practicable after the passage of this act, 
 the Pacific Railroad (Company) shall, at their own expense, pro- 
 ceed to locate said southwestern line or branch railroad, and to 
 locate and select the lands granted by the said act of Congress, 
 by any agent or agents they may designate, under the appoint- 
 ment of the governor, subject to the approval in said act speci- 
 fied, along the main line of said Pacific Railroad, from its com- 
 mencement in the city of St. Louis to the point on said main line 
 where the said Southwestern Branch shall diverge, and thence 
 along said southwestern line or branch railroad to the western 
 boundary, south of the Osage River. And a copy of the loca- 
 tion of the aforesaid part of the main line and of the whole of 
 said Southwestern Branch of the Pa.-'i-r Railroad shall be made 
 and certified by the president and chief engineer' of said 
 and under the corporate seal of said company, and forwa 
 to the local land offices, and to the general land office, as in 
 said act of Congress specified, 
 
 SEC. 4. And the said Pacific Railroad shall apply the lands 
 granted as aforesaid, or the proceeds thereof, to the construction 
 of the said main line, from its commencement in the city of St. 
 Louis to the point of di\ -i -i^ence therefrom of the said Souths 
 ern Branch, and to the said Southwestern Branch, so that 
 lands shall be applied to the construction of a railroad from St. 
 Louis to the western boundary of the state, south of the Osage 
 River, in conformity with said act of Congress. 
 
 SEC. 5. For the purpose of raising funds from time to time, 
 for the construction and completion of the said branch railroad, 
 the said company may sell the said lands in the manner provided 
 for by the said act of Congress, and may issue their bonds in 
 such sums as they may deem proper, at rates of interest not ex- 
 ceeding seven per cent, per annum, payable serni-annually, and 
 the principal of said bonds payable at such time and place as 
 they may designate ; and may secure the payment of said bonds 
 by mortgage of said lands, or any part thereof, to be executed by 
 said company, and may make the said bonds convertible into 
 land or stock of the company within such periods as they may 
 prescribe ; provided, that the faith of the state is in no manner 
 pledged for the redemption of said bonds or any part thereof; 
 and provided further, that nothing in this act contained shall be 
 
19 
 
 construed to authorize said company to sell, dispose of, or apply 
 the said lands, or the proceeds thereof, in any other manner or to 
 any other purpose than as required and limited by the said act 
 of Congress. 
 
 SEC. 6. The said company shall, within one year after the 
 said South western Branch Railroad shall have been located, 
 cause to be made a map and profile thereof, and a map of the 
 land located for the use of said branch road, embracing also the 
 main line of the Pacific Railroad from its connection with said 
 Southwestern Branch to the eastern terminus thereof, and file 
 the same in the office of the secretary of state, and also maps of 
 the parts thereof located in the different counties, and cause the 
 same to be recorded in the office for recording deeds in the coun- 
 ties respectively in which said parts of said road may be located. 
 
 SEC. 7. Each and every person who, on the tenth day of June, 
 one thousand eight hundred and fifty-two, was the owner of any 
 improvement made previous to that date on any land embraced 
 in the grant aforesaid, and who became such owner with a view 
 to a residence on, or occupation of such land, for agricultural 
 purposes, shall have the right to purchase at not exceeding two 
 dollars and fifty cents per acre, subject to the reversion in said 
 act provided for, a quantity of the land so occupied, to be bounded 
 by the legal sub-divisions, not exceeding one quarter section, to 
 consist of quarter quarter, half quarter or quarter section, which 
 will include the improvement aforesaid ; provided, that any per- 
 son claiming the right to purchase under the provisions of this 
 act, shall, within four months from the date of the location of 
 the land, file in the clerk's office of the circuit court of the county 
 in which the land claimed is situated, a notice to the said corpora- 
 tion of his, her or their claims, describing the land by its numbers, 
 accompanied with an affidavit stating the date and object of the 
 improvement, the time and manner when and how he, she or they 
 became owner thereof, and also the affidavits of at least two resi- 
 dents of the county, proving the facts in relation to such claim ; 
 and provided further ^ that the right of way upon and across any lot 
 of land sold under the provisions of this section, not exceeding 
 two hundred feet in width, shall be reserved and retained for the 
 passage of the road, as the same may be located and constructed ; 
 but no sale or conveyance of any lot of land under the provisions 
 of this section shall affect the rights or equities of two or more 
 parties claiming the same as between each other. 
 
20 
 
 SEC. 12. The said Pacific Railroad and the said Southwestern 
 ]> ranch 1 Jail road shall be exempt from taxation respectively, 
 until the same shall he completed, opened and in operation, and 
 shall declare a dividend, when the road bed, buildings, machinery, 
 engines, cars and other property of such completed road, at the 
 actual cash value thereof, shall be subject to taxation at the rate 
 d by the state on other real and personal property of like 
 value. 
 
 SEC. 13. It shall be lawful for any city, county or incorpo- 
 rated company to subscribe to the capital stock of the said Pacific 
 Kail road, for the purpose of aiding the construction of said rail- 
 road, or either of its branches, and may issue the bonds of such 
 city, county or company, to raise funds to pay the stock thus 
 subscribed, and appoint an agent to represent its interest, give 
 its vote, and receive its dividends, and may take proper Btepf 
 guard and protect the interest of such city, county or 
 tion in relation thereto. 
 
 This act shall take effect and be in force from and alter its 
 passage. 
 
 Approved December 25th, 1852. 
 
 .A.CT 
 
 To secure the completion- of certain Railroads in this State 
 (Missouri). 
 
 SEC. 28. In case the Pacific Railroad fails to complete the 
 said first division of said Southwest II ranch in three years from 
 the passage of this act, or to pay the interest on said gnaran 
 bonds, or to hold the state harmless from said guarantee, then, 
 and in that case, the said Southwest Uraneh Railroad, the lands 
 appropriated to the construction thereof, belonging to the 
 railroad company at the time of such default, and all appurte- 
 nances and franchises, shall at once, by operation of law, and 
 without any process or proceeding, become the property of the 
 state, subject only to the aforesaid mortgage. And the governor 
 of this state, upon the failure of said company to perform all or 
 fit her of the above conditions, may take possession thereof in 
 behalf of the state, and manage and control the same until 
 otherwise disposed of by act of the Legislature. 
 
 ****.,** 
 
 Passed December 10th, 1855. 
 
21 
 
 STATE OF MISSOURI. 
 
 -AJST 
 
 To provide for the Sale of certain Railroads and Property by the 
 Governor, to foreclose the State's lien thereon, and to secure 
 an early completion of the Southwest Branch Pacific, the 
 Platte Country, the St. Louis and Iron Mountain, and the 
 Cairo and Fulton Railroads, of Missouri. 
 
 [Approved February 19, 1866.J 
 
 Be it enacted by the General Assembly of the State of Missouri, 
 as follows : 
 
 SECTION 1. The Governor is hereby directed and required to 
 take immediate possession of the Southwest Branch of the Pacific 
 Railroad, together with all the appurtenances, real estate, rolling 
 etock, cars, engines, depots and other property, real or personal, 
 and all rights and franchises thereunto attached or in anywise 
 belonging, as is provided by law, and the said railroad, together 
 with all the lands heretofore appropriated to the construction of 
 said railroad, and belonging to the Pacific Railroad Company 
 for the use and benefit of said Southwest Branch, at the time of 
 its default, as provided by the act entitled " An act to accept a 
 "grant of land made to the State of Missouri by the Congress of 
 " the United States, to aid in the construction of certain rail 
 " roads in this State, and to apply a portion thereof to the Pacific 
 "Railroad," approved December 25, 1852, and all other acts 
 relating to said Southwest Branch, and all the appurtenances 
 and franchises thereunto attached, having become the property 
 of this State by operation of law, it shall be the duty of the 
 governor to do all things necessary and proper by him to be 
 done to secure the same to this state free from all claims or 
 incumbrances of all other claimants whomsoever, and upon 
 obtaining such possession the governor shall turn said road and 
 the other property and assets aforesaid over to a board of com- 
 
22 
 
 missioners hereinafter created, by them to be operated and sold in 
 the interest of the state according to the terms and conditions of 
 this ac.t. It shall be the further duty of the governor to adver- 
 tise the St. Louis and Iron Mountain Railroad, the Cairo and 
 Fulton Railroad of Missouri, and the Weston and Atchison, 
 Atchison and St. Joseph, and Platte Country Railroads, ami 
 every part and section of each of said roads, as far as the same 
 are constructed or projected, together with their appurtenances, 
 rolling stock, and property of every description, ami all rights 
 and franchises thereto belonging, for sale,and to sell tin 1 same- at 
 auction to the highest bidder, in pursuance of the provisions of 
 the several acts creating a lien on said railroads, their appur- 
 tenances, rights and franchises in favor of the state. The said 
 Weston and Atchison, Atchison and St. Joseph, and the Platte 
 Country Railroads shall l>e known and designated hereinafter, 
 and after the passage of this act, as the Platte Country Rail- 
 road. The said Southwest Branch of the Pacific Railroad 
 shall be known and designated hereafter as the Southwest 
 Pacific Railroad. 
 
 SKC. 2. A Board of Commissioners composed of three mem- 
 bers, who shall be nominated by the governor and confirmed by 
 the senate, is hereby established for each of said railroads, viz : 
 The Southwest Branch of the Pacific Railroad, the St. Louis ami 
 Iron Mountain Railroad, the Cairo and Fulton Railroad of .Mis- 
 souri, and the Platte Country Railroad. A majority of the 
 members of each board shall at all times constitute a quorum for 
 the transaction of business ; and in case of a vacancy occurring 
 in said boards, such vacancy shall be filled by appointment by 
 the governor, subject to the confirmation of the senate at its next 
 session thereafter. Said commissioners shall, before entering on 
 the discharge of their duties, take and subscribe the same oath 
 prescribed for other state officers. They shall each enter into 
 bond, with such security and for such amount as the governor 
 shall from time to time order and approve, conditioned for the 
 faithful performance of their duties under the law. They may 
 employ counsel and such agents and assistants as they may 
 require in the performance of their duties. They shall account 
 for and pay over to the state treasurer all moneys that may 
 come into their hands belonging to the state, whether derived 
 from the sale or the net earnings of the respective roads, taking 
 
23 
 
 duplicate receipts therefor, one of which shall be deposited with 
 the state auditor. They shall make quarterly reports to the 
 governor of their proceedings, and a final report of all matters 
 relating to the interests and trusts confided to them, immediately 
 after the sale of their respective roads. And all letters, bids, 
 proposals, oaths, bonds, books, papers and other documents that 
 come into their hands, or into the hands of the governor, or which 
 they have executed to the state, shall be deposited with the 
 secretary of state. And they and their employees shall receive 
 such compensation, besides necessary expenses, for their services 
 as the governor from time to time may allow and certify to the 
 auditor, who shall audit such allowance and draw his warrant for 
 the same, to be paid out of any funds in the treasury not other- 
 wise appropriated ; provided, that the amount allowed for ser- 
 vices shall not exceed in the aggregate one thousand dollars to 
 each commissioner. All vacancies in any board of commissioners 
 shall be certified to the governor by the remaining commissioner 
 or commissioners within twenty days after such vacancy occurs. 
 
 SEC. 3. It shall be the duty of the boards of commissioners 
 appointed for the Southwest Branch of the Pacific Railroad, and 
 the Platte Country Railroad, to receive possession of said roads, 
 appurtenances, lands, choses in action and other property belong- 
 ing thereto, from the hands of the governor, and to manage, 
 operate, and dispose of the same in the manner and for the pur- 
 pose provided in this act. It shall also be the duty of the com- 
 missioners respectively appointed for the St. Louis and Iron 
 Mountain Railroad, the Cairo and Fulton Railroad of Missouri, 
 and the Platte Country Railroad, to attend the sale of their 
 respective roads as advertised by the governor, and to bid in the 
 same for the use and benefit of the state, for an amount not ex- 
 ceeding the respective liens on said roads in favor of the state. 
 And if said roads, or either of them, are struck off and sold to 
 said commissioners, they shall take possession and hold the same, 
 with their appurtenances and property; manage, operate and 
 dispose of the same in the manner provided for in this act. 
 
 SEC. 4. Within thirty days after they shall have been ap. 
 pointed and qualified, the respective boards of commissioners 
 aforesaid shall publish a notice of their appointment as such ; of 
 their authority to take possession of or to buy in said roads, 
 together with the lands belonging to their respective roads, and 
 
24 
 
 again to sell the same ; and they shall invite proposals for the 
 purchase of their respective roads, lands and appurtenances and 
 franchises from said commissioners. The notice in relation to 
 the Southwest Branch Railroad shall be published for at least 
 sixty days. The notices in relation to the St. Louis and Iron 
 Mountain Railroad, the Cairo and Fulton Railroad, and the Platte 
 Country Railroad, shall each be published in conjunction with the 
 respective notices of sale of said roads required by the first sec- 
 tion of this act to be published by the governor. They shall be 
 published in the same manner, in the same newspapers, for the 
 same time, and for sixty days thereafter. All such notices shall 
 be published in at least two newspapers in the cities of St. Louis, 
 New York, Philadelphia, and Boston. 
 
 SEC. 5. The proposals of bidders, under the provisions of the 
 foregoing section, shall each state the price bid for the respective 
 roads, and shall state that they are based on the following terms 
 and conditions, which are hereby established to govern the xile 
 of said roads by said boards of commissioners : first. The price 
 or consideration bid shall be payable as follows : One-fourth on 
 closing the contract, and the balance in five equal annual install- 
 ments; the first installment payable- iii one year, the second in 
 two, the third in three, the li.mrth in lour, and the fifth in live 
 years thereafter, with six percent, interest on deferred payin 
 payable annually ; provided, that all sums bid may be paid at 
 any time, in either cash or the bonds or other liabilities of the 
 state, or bonds guaranteed by the state. Second. The roads and 
 all rolling stock belonging thereto shall be kept in good 
 able condition during the progress of the work to completion of 
 said roads. Third. The Southwest Branch of the Pacific Rail- 
 road shall be finished to a point opposite the town of Lebanon, in 
 Laclede county, within three years; to the town of Springfield, 
 in Greene county, within four years ; and to the western line of 
 the state in five years after the date of sale ; and the purchaser 
 shall expend at least five hundred thousand dollars in each and 
 every year between the date of sale and date fixed for the com- 
 pletion aforesaid in the work upon the graduation, masonry or 
 superstructure of said extension. The St. Louis and Iron Moun- 
 tain Railroad shall be finished to a point south of Pilot Knob, to 
 connect with the Cairo and Fulton Railroad line, in three years, 
 and finished to the Mississippi river, opposite to or below Colum- 
 
25 
 
 bus, Kentucky, in five years after the date of sale of said road ; 
 and the purchasers of said road shall expend in each and every 
 year between the date of sale and the completion of the road, at 
 least the sum of five hundred thousand dollars in the work of 
 graduation, masonry or superstructure on said extension. And 
 the Cairo and Fulton Railroad of Missouri shall be completed 
 from the Mississippi river, opposite the town of Cairo, Illinois, or 
 Columbus, Kentucky, to the intersection of the St. Louis and 
 Iron Mountain Railroad line, within three years after the date of 
 Bale thereof. The Platte Country Railroad aforesaid shall be 
 finished from a point on the Missouri river, opposite the city of 
 Kansas, to the city of Weston, and from Savannah to Forest 
 City, in two years from the date of sale, and shall be completed 
 to the Iowa state line in three years thereafter ; and the pur- 
 chaser of said road shall expend, in each and every year between 
 the date of sale and the time fixed for the completion aforesaid, 
 in graduation, masonry and superstructure of said road, the sum 
 of at least two hundred and fifty thousand dollars ; provided, 
 that the faithful annual expenditures required in this section shall 
 entitle the respective companies to an extension of time of pay- 
 ment of principal of purchase money due that year until two 
 years after maturity of last installment ; and provided, that an 
 annual statement of expenditures on each road shall be made, 
 under oath, by the treasurer and two directors thereof, and filed 
 with the secretary of state. 
 
 SEC. 6. On the day named in the respective notices of sale of 
 said roads, by said commissioners, the respective boards shall 
 proceed to compare the several bids and proposals by them 
 received, and shall, as soon thereafter as is practicable, award the 
 roads and every part and section thereof, their franchises and 
 appurtenances, and all lands and other property, real and per- 
 sonal, to the highest and best bidders, whose bids are made in 
 compliance with the terms and conditions of the foregoing sec- 
 tions of this act ; provided, that the governor shall approve said 
 awards ; and provided further, that all proposals may be rejected 
 if the commissioners deem them unsatisfactory. 
 
 SEC. 7. In case all the bids for any road are declared unsatis- 
 factory, as provided in the preceding section, notices of sale shall 
 be renewed from time to time, and shall be published, in con- 
 formity with the requirements heretofore provided for, for three 
 
20 
 
 months, and the same" proceedings shall be had in relation to pro- 
 posals, comparison of bids and awards, and all other matters 
 relating thereto, as is hereinbefore provided for, until a sale of all 
 said roads is effected ; provided, that if, in the opinion of the 
 governor, the interest of the state will be promoted, and a more 
 expeditious and advantageous sale secured thereby, and work on 
 said Southwest Branch Railroad be more speedily commenced, 
 he shall direct, in writing, the commissioners for said road to sell 
 said road and all its lands, property, franchises and appurtenances, 
 at private sale, without notice of sale as herein required, on such 
 conditions as to the payment of the purchase money, the mode 
 of completion, and the rights of the purchaser to borrow money 
 for the completion of said road, as the parties contracting may 
 agree upon ; provided, however, that no sale, under the pro- 
 visions of this section, shall be made which shall not preserve to 
 the state a lien for the amount of purchase money remaining un- 
 paid, or which shall not secure the completion of the South 
 Pacific Railroad to a point opposite the town of Lebanon, in 
 Laclede county, within three years; to the town of Springfield, 
 in Greene county, within four years ; and to the western line of 
 the state within five years after the date of sale; or whieh shall 
 not secure the expenditure of at least five hundred thousand 
 dollars each year in the construction and equipment of said r 
 until the same is completed; and provided, however, no sale 
 made shall be completed until first approved by the governor. 
 
 SECTION 8. Whenever and as soon as an award is made and 
 approved under either of the foregoing sections, the commis- 
 sioners and the purchasers shall execute in duplicate a contract 
 embracing all the terms, stipulations and conditions to be per- 
 formed by either party, and on which such sales and purchases 
 are made ; which duplicate agreements shall be approved by the 
 governor, and one copy filed with the secretary of state ; and 
 thereupon the Governor shall, in the name and on behalf of the 
 state, execute and deliver to such purchasers a formal deed of 
 conveyance, under the great seal of the state, which shall be con- 
 strued as other deeds conveying real estate, and shall have the 
 effect to convey, transfer and make over to the purchasers said 
 road and all of the franchises, privileges, rights, title and inter- 
 esis appertaining to the road so sold, all roads, road beds, rolling 
 stock, machine shops and all other property, both real and per- 
 
27 
 
 eonal, of every description, belonging or in any wise appertain- 
 ing thereto ; and in the case of the Southwest Branch of the 
 Pacific Railroad, all the lands granted by the United States to 
 the State of Missouri by act of Congress approved June 10, 1852, 
 and by the State of Missouri granted to the said Pacific Railroad 
 for the construction of the said Southwest Branch, by an act ap- 
 proved Dec. 25, 1852, which have been forfeited to the state; 
 and the purchasers shall execute and deliver to the State of Mis- 
 souri mortgages on said roads, franchises, lands and property 
 aforesaid, as is required by this act to secure the payment of the 
 purchase money ; provided, that nothing in this act shall be so 
 construed as to convey or to authorize the commissioners to con- 
 vey to the purchasers of the Cairo and Fulton Railroad any of 
 the lands subscribed by counties to the stock of said road. 
 
 SECTION 9. The companies or persons purchasing any of the 
 above named roads, or either of them, shall have all the rights, 
 franchises, privileges and immunities which were had and enjoy- 
 ed by the companies for whose default said roads were sold, 
 under the charter and the laws amendatory thereof; subject, 
 however, to the conditions and limitations therein contained, and 
 not inconsistent with the provisions of this act. 
 
 SECTION 10. The companies or persons purchasing the above 
 named railroads, or either of them, under the provision of the 
 6th section of this act and the first part of the 7th section, which 
 provides for a sale to the highest bidders, may have the privilege, 
 and they are hereby authorized to borrow such sums of money 
 for the completion of their respective roads, as contemplated by 
 this act, or for the payment of the balance due the state or any 
 part thereof, on such terms and at such rate of interest as they 
 may deem expedient, and for that purpose they may issue con- 
 struction bonds] in denomination of five hundred or one thousand 
 dollars, as they think proper, and to secure the payment of which 
 they may execute in due form their respective mortgages on said 
 roads, appurtenances and rolling stock, subject only, however, to 
 the state's lien for the amount of the purchase money remaining 
 unpaid. Said bonds shall be prepared by said companies, and on 
 the back of each bond shall be printed this law, and in connec- 
 tion therewith shall be indorsed or printed a certificate, which 
 shall be signed by the governor and countersigned by the secre- 
 tary of state, under the seal of the state, to the effect that such 
 
28 
 
 bond is issued by authority of this act, and secured by a mort- 
 gage on the road and appurtenances and lands as aforesaid; the 
 number of miles finished, the amount of the state's lien, and the 
 amount expended by said company in the extension shall also be 
 embraced in said certificate ; but such indorsement shall in no 
 wise be construed into any liability on the part of the state for 
 the payment of said bonds or any part thereof. Said bonds shall 
 be numbered and registered in the office of the secretary of 
 state and delivered to said companies as follows : Whenever the 
 Bum of one hundred thousand dollars has been in good faith ex- 
 pended and paid out in cash on the work of extending either of 
 said roads, as herein provided, since the purchase thereof, or 
 since the last application for bonds, and the acting president, 
 treasurer and chief engineer of said road shall file in the office of 
 the secretary of state their certificate to that effect, verified to 
 the satisfaction of the governor, by their affidavit, then the gov- 
 ernor shall cause one hundred and twenty-five thousand dollars 
 of said bonds to be endorsed and delivered to said company, 
 who shall receipt to the secretary of stiito thm-for. Said bonds 
 may be delivered in larger amounts at any single application, 
 jyrovided the expenditures in cash on which such application is 
 based bear the same ratio to the bonds issued as is established 
 above; provided further, that expenditures in cash on account 
 of the Cairo and Fulton Railroad, and the Platte Country Kail- 
 road extension to the amount of fifty thousand dollars or over, 
 shall entitle them to bonds in the same ratio of amount : pro- 
 vided further, that the books, papers and vouchers of said com- 
 panies shall always be subject to the inspection of the governor 
 or his agent appointed therefor, and any evidence of bad faith in 
 the application for bonds or in the representation of amounts of 
 expenditures, until -removed or obviated to the satisfaction of 
 the governor, shall be sufficient cause for the suspension of fur- 
 ther delivery of bonds ; and provided, that no lien shall be 
 created on said road or appurtenances and rolling stock in any 
 other manner than as allowed in this act, prior to the completion 
 of said roads, respectively ; but all such prohibited liens shall be 
 null and void. 
 
 SECTION 11. The act approved March 2d, 1861, entitled "an 
 act concerning the bonds of the Pacific Railroad guaranteed by 
 the state," shall remain in force, and the state hereby assumes 
 
29 
 
 the full payment of such guaranteed bonds not exchanged, as 
 provided for in said act, and will hold said company purchasing 
 the Southwest Branch Railroad and the Pacific Railroad Com- 
 pany's main line harmless on account of said outstanding "bonds, 
 and the governor shall take all steps necessary and advisable to 
 carry into effect the foregoing terms. When the company pur- 
 chasing the said road shall have constructed, and in running 
 order, twenty miles of said road extending on their line west of 
 Rolla, and shall exhibit satisfactory proof thereof to the governor 
 of the state, in order that said company may be enabled to make 
 title to such lands as they are authorized to sell, it is hereby 
 made the duty of the governor to issue the necessary certificate 
 to the Secretary of the Interior, as provided for in section five of 
 the act of Congress entitled " an act granting the right of way to 
 the State of Missouri, and a portion of the public lands to aid in 
 the construction of certain railroads in said state," approved 
 June 10, 1852 ; provided, that nothing in this act shall be con- 
 strued so as to impair in any manner the rights of any person to 
 a pre-emption on any of the lands of the said Southwest Branch 
 Railroad acquired under former or existing laws, and any action 
 or proceedings in law, which may be commenced by said com- 
 missioners before a sale, shall be continued after a sale in their 
 names for the benefit of the purchaser. 
 
 SEC. 12. It shall be the duty of the commissioners for the 
 Southwest Branch Road to ascertain the quantity of land sold 
 by said Pacific Railroad Company prior to March 3d, 1861, which 
 had been granted to said company to aid in construction of said 
 Southwest Branch, the price for which the same was sold, the 
 names of the purchasers, and the quantity and description of the 
 land purchased by each, and the amount of money received by 
 said company on account of such sales ; and it shall be the duty 
 of said commissioners to require all money so received by said 
 company, and not heretofore paid to the treasurer of the state, 
 as required by law, to be at once paid into the treasury of the 
 state ; and in all cases where the said company have received the 
 purchase money for any such lands, it is hereby made the duty 
 of the treasurer of the state to execute to such purchaser a deed 
 to said lands, signed by himself, and acknowledged before the 
 secretary of state, who shall certify the same under the seal of 
 his office. 
 
30 
 
 SEC. 13. In the case of the Southwest Pacific Railroad, said 
 commissioners shall have the power, and it is made their duty, to 
 investigate and arrange all matters of account between the said 
 Branch Railroad and the other Pacific Railroad line, and for this 
 purpose they shall have access to the books and papers of the 
 Pacific Railroad Company, and they shall have power to institute 
 and prosecute all suits and other proceedings authorized by law 
 to recover from said Pacific Railroad Company any balance which 
 may be found due and owing from said Pacific Railroad Com- 
 pany to or on behalf of said Southwest Branch, or otherwise 
 arrange the same as may be just and equitable ; and said com- 
 missioners are hereby authorized, when put in possession of the 
 said Southwest Branch, to negotiate, contract and adjust with 
 the Pacific Railroad Company terms and conditions for business 
 and running arrangements and connections, and do all things 
 needed and proper to be done to continue to the owners of the 
 said Southwest Branch tin- ri^lit o/ running their locomotives 
 and cars from the town of Paeilir, in Franklin county, to the city 
 of St. Louis, for the transportation of freight and pu>>enirers in 
 the interest and for tlie benefit of such owners of said Southwest 
 Branch, to and from said points in the cars of the South vs 
 Pacific Railroad; and said commissioners are further empowered 
 and directed to take all proper steps to adjust and determine the 
 rights and relations existing between the Southwest Pacific Rail- 
 road and the residue of the railroad line of the Pacific Railroad 
 Company and the rights and interests of the owners or managers 
 of said railroad lines in the said railroad between the said town 
 of Pacific and the city of St. Louis, and to do every thing which 
 may be necessary to perpetuate to the said Southwest Branch a 
 connection with the said city of St. Louis ; and any contract, 
 arrangement, or privilege which shall be negotiated or otherwise 
 arranged by said commissioners for and on behalf of said South- 
 west Pacific Railroad, and the owners thereof, under and by virtue 
 of the foregoing provisions, shall pass and inure to the purchaser 
 or purchasers of said Southwest Branch. 
 
 SEC. 14. Any failure on behalf of said companies, or either 
 of them, to pay the purchase money, or to expend the sums of 
 money which by the terms of this act or by the terms of any con- 
 tract herein called for are required to be annually expended in 
 the work of extending and completing said roads respectively, 
 
31 
 
 shall work a forfeiture of said roads so in default, tlieir fran- 
 chises, rolling stock, appurtenances and other property, both real 
 and personal, which belong to said companies respectively, to the 
 State of Missouri ; and in such case the governor shall proceed 
 at once to take possession of the same, without the aid of any 
 writ or process of law, if in his opinion it would be to the interest 
 of the state ; and shall hold and operate the same, through such 
 agents as he may appoint therefor, until the General Assembly 
 shall otherwise dispose of the same for the purpose of foreclosing 
 the state's lien or mortgage. 
 
 SEC. 15. In the case of the sale of the St. Louis and Iron 
 Mountain Railroad, it shall be made a condition of sale that the 
 Legislature shall have, and reserves, the power from time to time 
 to regulate the price of freight on iron ore and coal. 
 
 SEC. 16. All acts and parts of acts inconsistent with the pro- 
 visions of this act are hereby repealed. 
 
 SEC. 1 7. This act shall take effect and be in force from and 
 after its passage. 
 
 Approved, February 19, 1866. 
 
32 
 
 STATE OF MISSOURI. 
 
 Supplementary to and explanatory of an Act entitled " An 
 Act to provide for the sale of certain railroads and 
 property by the Governor, to foreclose the State's lien there- 
 on, and to secure an early completion of the Southwest 
 Branch Pacific, the Platte Country, the St. Louis and Iron 
 Mountain, and the Cairo and Fulton Uailroad> ;iri." 
 
 [Approved March 19, 1SGG.J 
 
 Be it enacted by the General Assembly of the State of Missouri, 
 as follows : 
 
 SECTION 1. Whenever in said acts the "Southwest Ilranch" 
 or "Southwest Branch of the Pacific Railroad" nr they 
 
 shall be held to mean the same ivad designated in the iirst 
 tion of said act, as the Southwest Pacific Railroad. 
 
 SECTION 2. The fourth section of said act shall not be con- 
 strued to require any new advertisement on the part of the 
 governor, of any railroad he may have advertised under the 
 law creating Hens on railroads prior to the time of the appoint- 
 ment or organization of a board of commissioners for such road. 
 But such sales, so advertised by the governor, shall proceed, 
 without reference to the time of the insertion in the same papers 
 of the notice by the commissioners. 
 
 SECTION 3. The tenth section of said act shall be so construed 
 as to leave it optional with the purchaser or purchasers of any 
 of said railroads issuing bonds under the provisions of said act, 
 whether to print the said act and the certificate of the governor 
 in full on the back of such bonds, or any part thereof, or to 
 wholly omit the same, as such parties issuing such bonds may 
 eeem best ; but said bonds shall be numbered and registered by 
 the secretary of state, and his attestation thereof, under the 
 seal of the state affixed thereto. 
 
33 
 
 SECTION 4. Upon the production to the state treasurer of 
 the certificate of the Pacific Railroad of the payment in full of 
 the purchase money for any lands referred to in the twelfth sec- 
 tion of said act, issued by said railroad prior to the date hi said 
 section mentioned, the state treasurer shall execute a deed as 
 in said section required, and the register of lands shall preserve 
 a record of such deeds. The said certificate of payment shall be 
 filed and preserved by the state treasurer, and the commis- 
 sioner for the Southwest Pacific Railroad may allow to the Paci- 
 fic. Railroad such sum in their settlement with said railroad for 
 expenditure in construction as they find has been faithfully ex- 
 ponded out of the receipts from the sales of pre-empted lands ; 
 provided, this act shall not be so construed as to grant deeds to 
 any person who has not a clear right to such lands in accordance 
 with the act of Congress, approved June 10th, 1852, which act 
 prescribed the mode of disposing of said lands, and also in ac- 
 cordance with the provisions of the several acts of the Legisla- 
 ture of this state, having reference to the same. 
 
 SEC. 5. The fourth section of said act shall not be construed 
 to require the commissioners to advertise notices of sale of said 
 roads respectively in more than one newspaper in either city 
 therein named ; nor to require them to commence the publica- 
 tion of such notices respectively, earlier than twenty days before 
 the date fixed by the governor for the sale thereof to foreclose 
 the state's lien ; provided, that in all cases the notices shall be 
 published at least sixty days. 
 
 SEC. 6. This act to take effect and be in force from and after 
 its passage. 
 
 Approved March 19th, 18G6. 
 
34 
 
 STATE OF MISSOURI. 
 
 ACT 
 
 Authorizing the Incorporation of the Purchaser or Purchasers of 
 any Railroad, or of any part, section or branch thereof, which 
 has heretofore, or may hereafter become forfeited to, and 
 sold by the State. 
 
 [Approved March 20, 1SGG.] 
 
 Be it enacted by the General Assembly of the State of Missouri, 
 as follows: 
 
 SECTION 1. In case any railroad in this state has heretofore, 
 or may hereafter, become forfeited to the state, for any cause 
 now provided, or hereinafter to be provided, by law, or in case 
 any part, section or branch thereof, so forfeited, shall be sold by 
 the state or its agents, according to law ; any individual or asso- 
 ciation of individuals who may become the purchaser or pur- 
 chasers of said railroad, or of any part, section or branch thereof, 
 shall be authorized by this act to incorporate himself or them- 
 selves with a number of stockholders sufficient to make the 
 whole number of corporators at least thirteen, for the purpose 
 of taking possession of the property, real and personal, choses in 
 action, franchises, rights and privileges to him or them conveyed 
 or transferred by the state, in pursuance of such sale, and to 
 enable the said purchaser or purchasers and his or their associ- 
 ates to complete, furnish, equip, operate, manage and control 
 such road, or part, section or branch thereof, and the property, 
 
35 
 
 franchises and appurtenances thereto belonging or in anywise ap- 
 pertaining. 
 
 SEC. 2. Said articles of incorporation shall state the name of 
 the company, which name shall be that now fixed, or which may 
 hereafter be fixed by law, as the name of such railroad, or part, 
 section or branch thereof; and if no name be so affixed, then the 
 name shall be designated by the corporators. Said articles shall 
 also state the number of miles, if any, as near as may be, requi- 
 site to be built to complete such road, and the number of years 
 the incorporation is to continue. They, said articles, shall also 
 fix and determine the amount of the capital stock of said com- 
 pany, not exceeding ten millions of dollars, and the number of 
 shares of which said capital stock shall consist ; and they shall 
 further state the name and places of residence of the directors of 
 the company not less than five nor more than thirteen in number, 
 who shall manage its affairs for the first year, and until others 
 are chosen in their places. Each corporator named in said arti- 
 cles shall subscribe thereto his name, place of residence, and the 
 number of shares of stock he agrees to take in said company. 
 
 SEC. 3. As soon as at least one thousand dollars of stock for 
 every mile of railroad, necessary to be made to complete the 
 road, shall have been subscribed, and five per cent, paid thereon 
 in good faith and in cash to the directors named in said articles 
 of incorporation, and as soon as these shall be indorsed thereon 
 or annexed thereto, an affidavit, made by at least three of the 
 directors named therein, that the amount of stock required by 
 this section, has been in good faith subscribed, and five per cent, 
 paid in cash thereon, as aforesaid, and that it is intended in good 
 faith to complete or maintain and operate the road mentioned in 
 said articles, then said articles of incorporation shall be filed in 
 the office of the secretary of state, who shall endorse thereon 
 the date of filing, and shall record the same in a book to be pro- 
 vided by him for that purpose, and from and after the day of the 
 filing of said articles said company shall become and be a body 
 corporate, empowered to act as such in all matters pertaining to 
 the business thereof. 
 
 SEC. 4. Each corporation provided under this act shall have 
 the same powers, franchises, rights and privileges, and be subject 
 to the same liabilities and restrictions as the corporation to 
 which it shall become the successor may have had and by its 
 
36 
 
 original charter and the amendments thereto, in, to and over 
 the property and franchises, forfeited and sold as aforesaid, 
 and the time and manner of electing directors of any corpora- 
 tion hereunder created or formed, the election or appointment of 
 its officers, agents or servants, the enactment of by-laws, the 
 transfer of stocks, the collection of unpaid balances of subscrip- 
 tion to stock, and all other acts, which by such original charter 
 and the amendments thereto have been or may hereafter be re- 
 gulated shall be determined and regulated by and performed in 
 accordance with said original charter and amendments thereto, 
 except as herein otherwise provided. 
 
 SEC. 5. This act shall not be so construed as to deprive any 
 purchaser or purchasers of the railroads, or parts, sections or 
 branches thereof, mentioned and described in an act entitled 
 " An Act to provide for the sale of certain railroads and proper- 
 ty by the governor, to foreclose the state's lien thereon, to secure 
 an early completion of the Southwest Branch Pacific, the Platte 
 Country, the St. Louis and Iron Mountain, and tin- Cairo and Ful- 
 ton Railroads, of Missouri," approved February 19, 1866, from 
 any of the benefits, powers and privileges by said act conferred 
 upon such purchaser or purchasers. 
 
 SEC. 6. Nothing in this act shall be so construed as to make 
 it obligatory upon the purchaser or purchasers of any railroad, 
 or part, section or branch thereof, which may be sold as afore- 
 said to incorporate under this or any other act of the Legislature, 
 but such purchaser or purchasers may, if he or they see fit, pro- 
 ceed, without such incorporation, to take possession and control 
 of, construct, manage and operate the same in accordance with 
 the terms of this particular act, under which such railroad, or 
 any part, section or branch thereof, may have been sold to him 
 or them, and such purchaser or purchasers may avail himself or 
 themselves of such corporate rights or franchises as he or they 
 may have acquired by such purchase. 
 
 SEC. 7. Nothing in this act shall be so construed as to relieve 
 the purchaser or purchasers of any of the railroads sold under 
 the act in the preceding section mentioned, from the terms, con- 
 ditions and limitations of such act. 
 
 SEC. 8. This act shall take effect and be in force from and 
 after its passage. 
 
 Approved March 20, 1866. 
 
37 
 
 NOTICE OF SALE 
 
 OP THE 
 
 SOUTHWEST PACIFIC RAILROAD. 
 
 (Heretofore called the Southwest Branch of 
 the Pacific Railroad.) 
 
 OFFICE OP THE BOARD OF COMMISSIONERS FOR THE SOUTH- 
 WEST PACIFIC RAILROAD, 
 
 ST. Louis, Mo., March 2, 1866. 
 
 The undersigned hereby give public notice that, in pursuance 
 of an act of the General Assembly of the State of Missouri, en- 
 titled " An act to provide for the sale of certain railroads and 
 property by the governor, to foreclose the state's lien thereon, 
 and to secure an early completion of the Southwest Branch Pa- 
 cific, the Platte Country, the St. Louis and Iron Mountain, and 
 the Cairo and Fulton Railroads, of Missouri," approved Februa- 
 ry 19th, 1866, the undersigned have been duly appointed, con- 
 firmed, qualified and established a Board of Commissioners, un- 
 der the terms and provisions of said act, with full authority to 
 take possession of, manage and operate said Southwest Pacific 
 Railroad, (heretofore called the Southwest Branch of the Pacific 
 Railroad,) and to buy in and re-sell, or to sell and dispose of the 
 same to others, with all and singular the lands heretofore ap- 
 propriated to the construction of said railroad and belonging to 
 the Pacific Railroad, for the use and benefit of said Southwest 
 Branch, at the time of its default, as provided by the act of said 
 General Assembly, entitled " An act to accept a grant of land 
 made to the State of Missouri by the Congress of the United 
 States, to aid in the construction of certain railroads in this 
 state, and to apply a portion thereof to the Pacific Railroad," 
 approved December 25th, 1852; also, with all and singular the 
 rolling stock and other personal property, machine shops, depots, 
 
38 
 
 real estate, leasehold or other interest therein, and all the rights, 
 privileges and franchises to said Southwest Pacific Railroad 
 (heretofore known as said Southwest Branch of the Pacific 
 Railroad) appertaining or in any wise belonging. 
 
 And the undersigned, commissioners as aforesaid, in further 
 pursuance of the terms of said act, approved February 19th, 
 1866, do hereby invite written and sealed proposals for the pur- 
 chase of said Southwest Pacific Railroad, (heretofore known as 
 the Southwest Branch of the Pacific Railroad,) and all the other 
 property, appurtenances, privileges and franchises aforesaid; in 
 which proposals must be stated the price bid for the same, 
 and that such proposal is based upon the following terms and 
 conditions, viz : 
 
 First. The price or consideration bid, shall be payable as fol- 
 lows : One-fourth on closing the contract, an<l the balance in 
 five equal annual installments ; the first installment payable in 
 one year, the second in two, the third in three, the fourth in 
 four, and the fifth in five years thereafter, with six per eent. in- 
 terest on deferred payments, payable annually \provi<1l that all 
 sums bid may be paid at any time in either cash or the bonds 
 or other liabilities of the state, or bonds guaranteed by the 
 state. 
 
 Second. The roads and all rolling stock belonging thereto, 
 shall be kept in good serviceable condition during the progress 
 of the work to completion of said roads. 
 
 Third. The said Southwest Pacific Railroad (formerly known 
 as the Southwest Branch of the Pacific Railroad) shall be finish- 
 ed to a point opposite the town of Lebanon, in Laclede county, 
 within three years ; to the town of Springfield, in Greene coun- 
 ty, within four years, and to the western line of the state in five 
 years after the date of sale ; and that if the bid be ace epted, 
 the bidder or bidders shall expend at least five hundred thou- 
 sand dollars in each and every year between the date of sale and 
 date fixed for the completion aforesaid, in the work upon the 
 graduation, masonry or superstructure of said extension. Pro- 
 vided, that the faithful annual expenditures required as aforesaid, 
 shall entitle the company to an extension of time of payment of 
 principal of purchase money due, that year, until two years af- 
 ter maturity of last installment ; and provided, that an annual 
 
39 
 
 statement of expenditures on the road shall be made under oath 
 by the treasurer and two directors thereof, and filed with the 
 secretary of state. 
 
 Proposals will be received until the 9th day of May, A. D. 
 1866. 
 
 They must be directed to P. Jos. Osterhaus, president of 
 the board of commissioners of the Southwest Pacific Railroad, 
 St. Louis, Mo., and indorsed " Proposals for purchase of South- 
 west Pacific Railroad." 
 
 Awards must be approved by the governor before they will 
 be binding upon the state. 
 
 The undersigned commissioners, as aforesaid, reserve the right 
 to reject any and all proposals not satisfactory. 
 
 Copies of the act, approved February 19th, 1866, under which 
 this board is acting, can be obtained upon application to the 
 commissioners. 
 
 As soon as practicable a catalogue of the rolling stock and per- 
 sonal property to be sold, will be issued, and can also be had 
 upon application to the commissioners. 
 
 P. JOS. OSTERHAUS, 
 ROBT. J. McELHANEY, 
 A. W. MAUPIN. 
 
 Board of Commissioners. 
 ST. Louis, March 2d, 1866. 
 
41 
 
 PKOPOSAL 
 
 OP 
 
 JOHN C. FREMONT. 
 
 P. JOS. OSTERHAUS, ROBERT J. McELHANEY, and 
 A. W. MAUPIN", Commissioners for the SOUTH wssr 
 PACIFIC RAILBOAD: 
 
 In pursuance of your notice, dated St. Louis, May 10th, 1866, 
 inviting proposals to buy the Southwest Pacific Railroad and 
 appurtenances at private sale, based upon the terms of the sev- 
 enth section of the Act of the General Assembly of the State of 
 Missouri, approved February 19th, 1866, 1 herewith make the 
 following offer : 
 
 1. I propose to buy under the provisions of said seventh sec- 
 tion, for the sum of one million and three hundred thousand 
 ($1,300,000) dollars, the Southwest Pacific Railroad and all the 
 franchises, privileges, rights, titles appertaining to the same, the 
 rolling stock, machine shop, and all the property, real and per- 
 sonal of every description, belonging or in any wise appertain- 
 ing thereto, and the lands granted by the United States to the 
 State of Missouri by Act of Congress approved June 10th, 1852, 
 and by the State granted to the Pacific Railroad, for the construe- 
 
42 
 
 tion of the Southwest Branch, by Act of the General Assembly 
 of Missouri, approved December 25th, 1852. 
 
 2. The purchase money is to be paid in the following install- 
 ments : One-fourth of said sum shall be payable on the execution 
 and delivery to me of the deed of conveyance provided for in 
 section eight of the Act to provide for the sale of certain rail- 
 roads, approved February 19th, 3866, and the balance in four 
 equal annual installments the first installment payable in one 
 year, the second in two years, the third in three years, and the 
 fourth in four years after the execution and delivery of said deed, 
 with six per cent, interest on the deferred payments, payable an- 
 nually; provided that any part or the whole of said sums may 
 be paid at maturity, or at any time before maturity, in either 
 cash or bonds, or other liabilities of the State, or bonds guaran- 
 teed by the State, which bonds are to be taken in payment for 
 the amount of principal and interest due on the same ; and in 
 case of payment of any installment before maturity, interest on 
 the same shall be collected only to the day of payment of the 
 same. 
 
 3. The Southwest Pacific Railroad and rolling stork belong- 
 ing thereto shall be kept in good serviceable condition during the 
 progress <>f the work to the completion of the road. 
 
 4. The work of construction shall be commenced by me, my 
 associates or assigns, within thirty days after the delivery of the 
 deed to me, and shall be finished to a point opposite the town of 
 Lebanon, in Laelede County, within one year and nine months 
 thereafter; to the town of Springfield, in Greene County, within 
 two years and six months thereafter; and to the western line of 
 the State in three years and six months thereafter; provided that 
 if on examination it shall be found practicable and lawful to 
 avoid a proposed tunnel and heavy embankment between Little 
 Piney and the town of Lebanon, which proposed works are the 
 ruling feature of the present location of the road, the period of 
 completion to the points named shall be shortened so as to be as 
 follows : to Lebanon within one year and six months, to Spring, 
 field within two years, and to the State line in three years. 
 
 5. I bind myself to expend at least five hundred thousand dol- 
 lars in each and every year between the date of sale and date 
 
43 
 
 fixed for the completion aforesaid, in work upon the graduation, 
 masonry, superstructure and equipment of said extension. 
 
 6. This purchase shall be made subject to the conditions of for- 
 feiture enumerated in the fourteenth section of the Act of the 
 General Assembly approved February 19th, 1866, providing for 
 the sale of certain railroads, &c. 
 
 7. For the amount of purchase money remaining unpaid, the 
 State shall retain and have a first lien on all property and 
 franchises purchased by me, which lien shall be evidenced by a 
 mortgage to be executed by me, my associates and assigns in 
 conformity with the provisions of the eighth section of said 
 act. 
 
 8. By said purchase, I shall be deemed to have acquired all 
 the rights, franchises, privileges and immunities granted to the 
 purchaser by the provisions of said Act, and the act amenda- 
 tory thereto, and particularly those enumerated in the ninth 
 section of said act. 
 
 9. As purchaser of said road, franchises, etc., I, my associates 
 and assigns shall have the right to borrow money for the com- 
 pletion of said road and payment of the purchase money to the 
 State, in such amounts and denominations, on such terms and in 
 such form as may be thought proper by myself, associates and 
 assigns. And I, my associates and assigns, shall have the right 
 to secure the money borrowed and the evidence thereof- 
 whether in the shape of bonds or otherwise, by a mortgage or 
 deed of trust or pledges of the finished or unfinished portion of 
 the road and appurtenances and lands acquired by said purchase, 
 without being subject in relation to such loans, bonds, mortga- 
 ges and pledges, to any conditions or restrictions enumerated in 
 the tenth section of said act of the General Assembly, providing 
 for the sale of certain railroads, etc., approved February 19th, 
 1866. 
 
 10. In consideration of the premises, the State shall carry out 
 the provisions of the eleventh section of said act, and you, gen- 
 tlemen, Commissioners, are expected and requested to use your 
 best endeavors to carry into effect the provisions of the thir- 
 
44 
 
 teenth section of said act before the execution and delivery of 
 the deed. 
 
 11. To enable me to carry out this proposal, if accepted by 
 you, it is necessary that no time should be lost in commencing 
 work. I, therefore, request an acceptance of or reply to my 
 proposition within two days, reserving to myself the right to 
 withdraw the same if not accepted within that time. In case of 
 an acceptance of my proposal, I expect the necessary com r 
 and deeds to be executed within reasonable time. 
 
 (Signed) J. C. FREMOXT. 
 
 EMIL PRKETOEIUS, his Attorney in fact. 
 
 ST. Louis, Mo., May 12th, 1866. 
 
 Commissioners' Office, S. W. P. R. R., May 12th, 1866. 
 
 Tin- f.i reining proposal is accepted by us, and is recommend- 
 ed for approval to his excellency the Governor of Missouri. 
 
 (Signed) P. JOS. OSTKRIIATS, 
 
 R. J. McELIIAXKY, 
 A. AV. MAUPIX. 
 
 Approved. 
 
 (Signed) THOMAS C. FLETCHER. 
 
 In testimony whereof, I, Thomas C. Fletcher, Governor of the 
 State of Missouri, have hereunto set my hand and ea 
 
 [L.S.] to be affixed the great seal of the State of Missouri. 
 
 Done at the city of Jefferson, this seventeenth day of 
 May, A. D., 1866. 
 
 By the Governor. 
 
 (Signed) FRANCIS RODMAN, 
 
 Secretary of State. 
 
45 
 
 W7iereas, By virtue and under authority of the fourth section 
 of an Act of the General Assembly of Missouri, entitled " An 
 "Act to provide for the sale of certain railroads and property by 
 " the Governor, to foreclose the State lien thereon and to secure 
 " an early completion of the Southwest Branch Pacific, the 
 " Platte Country, the St. Louis and Iron Mountain, and the Cairo 
 "and Fulton Railroads, of Missouri, approved February 19th, 
 " 1866," the undersigned Board of Commissioners did publish a 
 notice for at least sixty days, inviting proposals for the purchase 
 of the Southwest Pacific Railroad (formerly known as the South- 
 west Branch of the Pacific Railroad), together with the lands, 
 appurtenances and franchises thereto belonging ; and whereas, 
 on the day named in said notice, to wit, on the 9th day of May, 
 A. D. 1866, said Board of Commissioners proceeded to compare 
 the several bids and proposals by them received, and deeming 
 them unsatisfactory, rejected the same ; and, whereas, in pursu. 
 ance of the seventh section of said act, the Governor of the State 
 of Missouri did in writing direct the said Commissioners, on the 
 10th day of May, 1866, to sell said road and all its lands, prop- 
 erty, franchises and appurtenances at private sale ; and, whereas, 
 John C. Fremont, on the twelfth day of May, 1866, made a pro- 
 posal in writing to said Commissioners, for the purchase of 
 said road at private sale, under the provisions of the seventh sec- 
 tion of said act, a true copy of which proposal is hereto attached 
 and made part of this contract, except so far as the terms there- 
 of are modified by the terms herein provided ; and, whereas, said 
 proposal was, on the twelfth day of May, 1866, duly accepted by 
 said board of Commissioners, and the sale so made was approved 
 by said Governor ; Nowjherefore, this agreement, made and enter- 
 ed into this twenty-eighth day of May, A. D. 1866, by and between 
 P. Jos. Osterhaus and Robt. J. McElhaney, constituting a major- 
 ity of the Board of Commissioners aforesaid, acting on behalf of 
 the State of Missouri, under the authority of the act aforesaid, 
 parties of the first part, and John C. Fremont, of the City of 
 New York, party of the second part, Witnesseth: First, that 
 said John C. Fremont has agreed, and by these presents does 
 agree to buy, and said Commissioners have agreed to sell to said 
 John C. Fremont, for the sum of one million and three hundred 
 thousand dollars ($1,300,000), the Southwest Pacific Railroad 
 (formerly called the Southwest Branch of the Pacific Railroad), 
 
46 
 
 and all the franchises, privileges, rights, titles, choses in action 
 and easements appertaining to the same ; the rolling stock, cars, 
 engines, depots, machine shops, and all the property, real and 
 personal of every description, belonging or in any wise appertain- 
 ing thereto,and the lands granted by the United States to the State 
 of Missouri, by an act of Congress entitled "An Act granting the 
 ' right of way to the State of Missouri, etc.," approved June 10, 
 1852, and by said State granted to the Pacific Railroad Compa- 
 ny for the construction of the Southwest Branch of the Pacific 
 Railroad by act of the General Assembly of .Missouri, approved 
 December 25th, 1852, and all other subsequent acts relating to 
 said Southwest Branch Railroad and the Pacific Railroad ; and 
 generally all property, rights, titles and franchises appertaining 
 to said Southwest Ilram-li Railroad which have become the prop- 
 erty of the State by operation of law, whether reduced t 
 sion by the State or the Governor of the State, or not. 
 
 Secondly. That the purchase money is to be paid in the fol- 
 lowing installments : one-fourth of said sum shall be payable on 
 the execution and delivery to said John C. Fremont of the formal 
 deed of conveyance provided to be executed and delivered to the 
 purchaser by the Governor of the State, under the provisions of 
 the eighth section of the act of February 10th, 1806, afnvsaid. 
 The balance of said purchase money shall be paid in four equal 
 annual installments; the first payable in one year, the second in 
 two years, the third in three years, and the fourth in four years 
 after the execution and delivery of said deed, with six per cent, 
 interest on the deferred payments, payable annually ; j>/ 
 that any part or the whole of said sums may be paid at maturity 
 or any time before maturity, either in cash or bonds, or other lia- 
 bilities of the State, or bonds guaranteed by the State, which 
 bonds are to be taken in payment for the amount of principal and 
 interest due on the same, and in case of payment of any install- 
 ment before maturity, interest on the same shall be collected only 
 to the day of payment thereof. 
 
 Thirdly. The Southwest Pacific Railroad and rolling stock be- 
 longing thereto shall be kept in good serviceable condition by 
 the purchaser, or his representatives or assigns, during the pro- 
 gress of the work to the completion of the road. 
 
47 
 
 Fourthly. The work of construction shall be commenced 
 by said John C. Fremont, his associates or assigns, within thirty 
 days after the delivery to him of the deed, and shall be finished 
 to a point opposite the town of Lebanon, in Laclede County, 
 within one year and nine months thereafter ; and to the town of 
 Springfield, in Greene County, within two years and six months ; 
 and to the western line of the State in three years and six months 
 after the delivery of the said deed ; provided that if upon examina- 
 tion it shall be found practicable and lawful to avoid a propo sed 
 tunnel and heavy embankment between the Little Piney and the 
 town of Lebanon, which proposed works are the ruling features 
 of the present location of the road, the change may be adopted, 
 and the periods of completion to the points named shall be short- 
 ened so as to be as follows : to Lebanon within one year and six 
 months, to Springfield within two years, and to the western line 
 of the State in three years. 
 
 Fifthly. The said John C. Fremont binds himself and his asso- 
 ciates, representatives and assigns, to expend at least five hun- 
 dred thousand dollars in each and every year between the date 
 of sale and the date fixed for the completion of the road as pro- 
 vided herein, in work upon the graduation, masonry, superstruc- 
 tures and equipment of said extension. 
 
 Sixthly. Any failure on the part of said John C. Fremont, his 
 associates or assigns, to pay the purchase money as herein pro- 
 vided, and to expend the sums of money required as herein 
 stated, for the completion of the road, or any failure to keep and 
 perform any of the conditions of this agreement, by him or them 
 to be kept and performed, shall work a forfeiture of said road, its 
 franchises, rolling stock, appurtenances and other property, both 
 real and personal, to the State of Missouri ; and in case the Gov- 
 ernor deem it advisable, he shall then proceed at once to take 
 possession of the same, without aid of any writ or process of law ; 
 shall hold and operate the same through such agents as he may 
 appoint therefor, until the General Assembly shall otherwise dis- 
 pose of the same, for the purpose of foreclosing the State's lien 
 or mortgage, or, at his option, may proceed to sell the same to 
 the highest bidder, for cash or bonds of the State, at public ven- 
 due, at the east front door of the Court House in St. Louis, Mis- 
 
48 
 
 souri, first having given notice of the time, terms and place of 
 sale, and of the property to be sold, by advertisement in one 
 daily newspaper published in each of the cities of St. Louis, Xew 
 York, Boston and Philadelphia, for three months prior to the day 
 of sale. 
 
 Seventhly. For the amount of purchase money rcmainii; 
 paid, and for the performance of each and all of the condition! 
 and undertakings by the said John C. Fremont and his associ- 
 ates or assigns, to be performed under this contract, the state 
 shall have the first lien which said Fremont can give upon all the 
 property and franchise! purchased by said Fremont. Hen 
 
 shall be evidenced by a mortgage upon said propi : '-an- 
 
 chise<, in .hie form of law, and in accordance with the terms of 
 this contract. 
 
 AV;/// //////. By the purchase and deed of conveyance above men- 
 tioned, the said John ( '. I-'n i-mont and his represent:, 
 ates or a>-i'_rns, shall acquire all the rights, franchises, privii* 
 ai.d immunities granted to the purchaser by the pr<>\ 
 
 .".ct authorizing this contract, and tl 
 
 of; and said Fremont, his a<s<>ri ; n - -nt- 
 
 atives, shall thereby ae^uire, and may at their vail 
 
 themselves of all the rights, franchise's, privileges ami immuni- 
 
 . which were had and enjoyed by the Pacilic kailn 
 pauy, for whose' default said Southwest Pacific Railr- ld, 
 
 under the charter of the said Pa-i!i,- Railroad Company and the 
 laws amendatory thereof, subject, however, to the c< 
 limitations therein contained, and not inconsistent with the 
 under which this contract is made. 
 
 Xl/ttJtl>/. As purchasers of said road, franchises, etc., said John 
 C. Fremont, his associates and assigns, shall have the right to 
 borrow money for the completion of said road and payment of 
 the purchase money to the State, in such amounts and denomina- 
 tions, on such terms and form as they may deem best, without 
 being subject to the requirements or conditions of the t< 
 tion of said act, approved February 19th, 1866 ; i>r< d it 
 
 is hereby understood, that the lien of the state for any of the mat- 
 ters aforesaid is not to be waived, or in any wise impair 
 
49 
 
 Tenthly. In consideration of the premises, the State of Missouri 
 has agreed to carry into effect the provisions, and to perform the 
 conditions, of the eleventh section of said act of the General As- 
 sembly, approved 19th February, 1866, under which this sale is 
 made ; and in pursuance of said provisions, the State of Missouri 
 hereby agrees that the act approved March 2d, 1861, entitled 
 " An Act concerning the bonds of the Pacific Railroad guaran- 
 " teed by the State," shall remain in full force, and that the State 
 assumes the full payment of such guaranteed bonds, not exchang- 
 ed, as provided for in said act, and will hold said John C. Fre- 
 mont, his associates, assigns, and legal representatives, harmless 
 on account of said outstanding bonds, and that the Governor shall 
 take all steps necessary and advisable to carry out the foregoing 
 terms. 
 
 When said Fremont, his associates, assigns and legal rep- 
 resentatives, shall have constructed and in running order twenty 
 miles of said road, extending on their line west of Holla, and 
 shall exhibit satisfactory proof thereof to the Governor of the 
 State, in order that said Fremont, his associates, and assigns, and 
 legal representatives, may be enabled to make title to .such lands 
 as they are authorized to sell, the Governor of the State shall 
 and will issue the necessary certificate to the Secretary of the In- 
 terior, as provided for in section five of the act of Congress entitled 
 " An Act granting the right of way to the State of Missouri, 
 &c.," approved June 10, 1852. And in consideration of the prem- 
 ises, the Commissioners will use their best endeavors to carry into 
 effect the provisions of the thirteenth section of the act under 
 which this contract is made, and the said John C. Fremont shall 
 have the benefit of any action taken under the provisions of said 
 act ; and any act or proceeding in law which may be commenced 
 by said Commissioners before a sale be completed, shall continue 
 thereafter in their names for the benefit of said Fremont, his as- 
 sociates, assigns and legal representatives. 
 
 In witness whereof, the said Commissioners of the Southwest 
 Pacific Railroad, by the majority thereof, on behalf of the State, 
 and by virtue of the power in them vested by the acts aforesaid, 
 and the said John C. Fremont, by his lawfully appointed attorney 
 
50 
 
 in fact, have hereto set their hands and seals the said twenty, 
 eighth day of May, A. D. 1866. 
 
 (Signed) 
 
 Board of Commissioners j P. JOS. OSTERIIArs, [SF.AL.] 
 Southwest Pacific Railroad, ( 11. J. McELHANEY. |SI:AI..J 
 
 JOHN C. FIJEMOXT. |s:.u,] 
 By EMIL PJREETOKIUS, his Attorney in 
 
 Done in duplicate. 
 
 All interlineations, erasures and alterations 
 made before delivery hereof. 
 
 Witness: (Signed) CHESTER HARDING, JR. 
 
 JAMES TAUSSIG. 
 
 Approved June the 13th, A. D. 1866. 
 
 In testimony whereof, I have hereunto set my hand and en' 
 the Gri'it - s ' // of he */'f/t <>f J//XNO///V to lie ntlixed. 
 
 Done at tlie City of Jefferson, tliis thirteenth day .f 
 r -, -Tune. A. I). 1866, of the independence of the I'nited 
 
 States the ninetieth, and of the State of Missouri the 
 forty-sixth. 
 
 TIIOS. C. FLETCIT 
 
 By the Governor, 
 
 FUANCM KODMAH, Secretary of State. 
 
 Office of the Secretary of State, ) 
 City ofJelferxm, Missouri. j 
 
 I, Francis Hodman, Secretary of the State of Missouri, hereby 
 certify, that the annexed pages c.ntain a true, Complete, and full 
 copy of the proposals made and contract entered into l>y and le- 
 tween John C 1 . Fremont and the Hoard of Commissioners of the 
 Southwest Pacific Railroad, relative to the sale of the said South- 
 west Pacific Railroad, as appears by comparing the same with the 
 original roll of said proposal and contract, now on tile, as the 
 law directs, in this office. 
 
 In testimony whereof^ I have hereunto set my hand and 
 [SEAL.] affixed my official seal. Done at office, this fourteenth 
 day of June, A. D. eighteen hundred and sixty-six. 
 
 FRANCIS RODMAN, 
 
 Secretary of State. 
 
SI 
 
 U. S. STAMP. 
 
 $1.00 
 J. C. F. 
 
 June 4, '66. 
 
 Know all men ly these Presents : 
 
 That we, John C. Fremont, of the City of New York, and 
 State of New York, and Jessie Benton Fremont, wife of 
 said John C. Fremont, have made, constituted and appointed, 
 and by these presents do make, constitute and appoint, James 
 Taussig, of the City of St. Louis, and State of Missouri, our true 
 and lawful attorney, for us and in our names, place and stead, 
 or in the name, place and stead of either of us, to execute, ac- 
 knowledge and deliver to the State of Missouri, or to the Gov- 
 ernor of that State, or other proper officer, a mortgage on the 
 Southwest Pacific Railroad, its franchises, lands, and property, 
 pursuant to the act of the General Assembly of the State of Mis- 
 souri, entitled "An Act to provide for the sale of certain rail- 
 " roads," &c., &c., approved February 19th, 1866, to secure the 
 payment of the unpaid portion of the purchase money for said 
 Southwest Pacific Railroad, its franchises, lands and property 
 lately purchased by said John C. Fremont, under the authority 
 of said act ; also to secure the performance of the other un- 
 dertakings, covenants and agreements mentioned and set forth 
 in the contract of sale of said road to said Gen'l John C. Fremont, 
 made and entered into on the 28th day of May, 1866, between 
 the State of Missouri, by its commissioners, under said act, and 
 said John C. Fremont, and by him or his assigns and representa- 
 tives to be performed ; and to execute, acknowledge and deliver 
 any contracts, deeds, covenants or instruments relating to said 
 purchase and sale, giving and granting unto our said attorney 
 full power and authority to do and perform all and every act and 
 thing whatsoever requisite and necessary to be done in and about 
 the premises as fully to all intents and purposes as we might or 
 could do if personally present, with full power of substitution 
 and revocation, hereby ratifying and confirming all that our said 
 attorney or his substitute shall lawfully do or cause to be done 
 by virtue hereof. In witness whereof, we have hereunto set our 
 
52 
 
 hands and seals, the fourth day of June in the year one thousand 
 eight hundred and sixty-six. 
 
 (Signed) JOHN C. FREMONT. [L.S.] 
 
 JESSIE BENTON FREMONT. [L.S.] 
 
 The words " of said road " 
 interlined before execution. 
 
 Sealed and delivered in the presence of 
 
 CHAS. NETTLETON, 
 
 A. N ALMA NX. 
 
 STATE OP NEW YORK, ) gg 
 
 CITY AND COUNTY OF NEW YORK, i 
 
 I, Charles Nettlcton, .1 Commissioner for Missouri in the State 
 nnd City of New York, d> hereby certify that on this fourth 
 day of June, A. I), one thousand eight hundred and sixty-six, 
 >nally came before me John C. Fremont and Josie I>cnton 
 Fremont, liis wife, who are personally !<n<.wn to m- to be the 
 same pc, id in find whose namee d to the 
 
 within and foregoing power of attorney as parlies thereto, and 
 severally a<-kno\\ -led^ed the>:i;ne lobe their act and <leel tor the 
 uses and purposes therein mentioned, nnd the said .! . it on 
 
 Fremont, wife of the said John C. Fremont, h:: D by mo 
 
 first made acquainted with the contents of said power <>f attor- 
 ney, acknowledged <>n an i-x.-nuinntion apart from her husband 
 that she executed the same, and thereby relinquished and author- 
 i/ed the reliiKjiiishment of her dower in the real estate therein 
 mentioned, freely and without compulsion or undue inilucn< 
 her husband. In witness whereof, I have hereunto set my hand 
 and allixed my official seal on this 4th day of June, A. D. 1866. 
 
 (Signed) CHARLES NETTLETOX, 
 
 [SEAL.] Commissioner lor Missouri, in New York. 
 
 STATE OP MISSOURI, ) 
 COUNTY OP ST. Louis, f ! 
 
 I, the undersigned, Recorder for said County, certify that the 
 foregoing instrument of writing was filed for record in my office 
 June 15th, 1866, and is truly recorded in Book 320, page 171. 
 
 Witness my hand and official seal, date aforesaid. 
 [SEAL.] JULIUS CONRAD, Recorder. 
 
53 
 
 Not subject to 
 Duty. 
 TAUSSIG 
 
 Stamp Duty. I 
 W. TAUSSIG. ) 
 
 THIS DEED made and entered into this fourteenth day of June, 
 in the year of our Lord one thousand eight hundred and sixty- 
 six, by and between the State of Missouri, party of the first 
 part, and John C. Fremont, of the city of New-York, in the 
 State of New- York, party of the second part, icitnesseth, that 
 the said State of Missouri, party of the first part, acting through 
 Thomas C. Fletcher, Governor of the State, who executes these 
 presents by virtue and under authority of the power vested in 
 him by the provisions of the eighth section of an act of the Gen- 
 eral Assembly of the State of Missouri, entitled " An act to pro- 
 " vide for the sale of certain railroads and property, &c.," ap- 
 proved February 19th, 1866, in consideration of the sum of one 
 million and three hundred thousand dollars, paid to the said 
 party of the first part by the said party of the second part, the 
 receipt whereof is hereby acknowledged, and in further consider- 
 ation and pursuance of the terms of a duplicate contract entered 
 into by the Board of Commissioners for the Southwest Pacific 
 Railroad with said party of the second part, on the twenty- 
 eighth day of May, A. D. 1866, approved by the Governor and 
 filed in the office of the Secretary of State as provided by law, 
 has granted, bargained, sold, conveyed, confirmed, assigned and 
 transferred, and by these presents does grant, bargain, sell, con- 
 vey, confirm, assign and transfer unto the said John C. Fremont 
 the Southwest Pacific Railroad, formerly known as the South- 
 west Branch of the Pacific Railroad, and all the franchises, 
 privileges, rights, choses in action and easements appertaining 
 to the same ; the rolling stock, cars, engines, depots, machine- 
 shops, tanks and all property real and personal of every descrip- 
 tion belonging or in anywise appertaining thereto, and also the 
 lands granted by the United States to the State of Missouri by 
 an act of Congress, entitled " An act granting the right of way 
 "to the State of Missouri and a portion of the public lands, &c.," 
 approved June 10th, 1852, and by the State of Missouri granted 
 to the Pacific Railroad by an act of the General Assembly of the 
 State of Missouri, entitled " An act to accept a grant of land 
 made to the State of Missouri," approved December 25th, 1852, 
 and all other subsequent acts of said General Assembly relating 
 
54 
 
 to said Southwest Branch Railroad and Pacific Railroad, and 
 generally all property, rights, titles and franchises appertaining 
 to said Southwest Branch Railroad and Pacific Railroad which 
 have become the property of the State by operation of law, 
 whether reduced to possession by the State, or the Governor of 
 the State, or not. To have and to hold the said premises and 
 appurtenances unto the said party of the second part, his heirs 
 and assigns forever. And the State of Missouri, party of the 
 first part, by these presents covenants to and witli the said party 
 of the second part, his heirs, executory administrators mid as- 
 signs, that the said party of the first part shall and will well and 
 truly perform the conditions and stipulations of the eleventh 
 section of said act of the General A<semMy, approved February 
 19th, 1866; and that the said party of the lirst part shall and will 
 well ami truly perform and fulfil the conditions by her :issu?n 
 be performed by the terms of the contract of sale hereinbefore re- 
 ferred to. And it is hereby further covenanted un-l agreed by 
 and between the parties hereto that the said John C. Fremont, 
 his heirs, assigns or legal representatives may at their option 
 avail themselves of all the rights, franchises, privileges and im- 
 munities which were had and enjoyed by the Pacific Railroad, 
 for whose default said Southwest Pacific Railroad was sold, 
 under the charter of said Pacific Railroad and the laws amenda- 
 tory and supplementary thereto, subject, however, to the condi- 
 tions and limitations therein contained. In tt-xttimmy whereof^ 
 I, Thos. C. Fletcher, Governor of the State of Missouri, have 
 hereunto set my hand and caused the great seal of the State of 
 Missouri to be affixed hereto. 
 
 Done at the city of Jefferson, this 14th day of June, A. D., 1 866. 
 of the independence of the United States the ninetieth, 
 and of the State of Missouri the forty-sixth. 
 
 THOMAS C. FLETCHER. [L. s.j 
 
 [STATE SEAL.] By the Governor. 
 
 FBANCIS RODMAN, 
 
 Secretary of State. 
 
 STATE OF MISSOURI, ss. 
 
 Be it remembered, that Thomas C. Fletcher, who is personally 
 known to the undersigned, Clerk of the Supreme Court withjj* 
 
55 
 
 and for the State aforesaid, to be the same person whose name is 
 subscribed to the foregoing deed as party thereto, this day ap- 
 peared before me and acknowledged that he executed and de- 
 livered the same as the act and deed of the State of Missouri, by 
 and through him, the said Thomas C. Fletcher, as Governor of 
 said State, for the uses and purposes therein contained. 
 
 In testimony whereof, I hereto set my hand and affix the seal 
 of our said Supreme Court, at office in the city of Jeffer- 
 [L.S.] son, this fourteenth day of June, A. D. eighteen hun- 
 dred and sixty- six. 
 
 N. C. BURCH, Clerk. 
 Filed and recorded June 15th, 1866. 
 
 JULIUS CONKAD, Recorder. 
 
 Not subject to Stamp Duty. ) 
 WM. TAUSSIG, V 
 
 Collector of Internal Revenue. j 
 
 STATE OF MISSOURI,) 
 
 COUNTY OF ST. Louis, j ' 
 
 I, the undersigned, Recorder for said County, certify that the 
 foregoing instrument of writing was filed for record in my office 
 June 15th, 1866, and is truly recorded in book 320, page 170. 
 
 Witness my hand and official seal, date aforesaid. 
 
 [L.S.] JULIUS CONRAD, Recorder. 
 
 STATE OF MISSOURI, ) 
 COUNTY OF ST. Louis, j 
 
 I, the undersigned, Recorder for the said county, certify the 
 foregoing to be a true and complete copy of an instrument of 
 writing from the State of Missouri to John C. Fremont, and of 
 the certificate of acknowledgment, and of the date of filing and 
 recording thereof, as fully as the same remains of record in my 
 office, in book 320, page 170. 
 
 Witness my hand and official seal, this the 19th day of 
 
 June, 1866. 
 [L.S.] JULIUS CONRAD, 
 
 Recorder. 
 
56 
 
 U. S. STAMP. 
 
 $1000 
 
 J. C. P. 
 
 June 14. - fi6. 
 
 Know oilmen l>y these Presents: That we, John C. Fremont 
 and Jessie Benton Fremont, his wife, both of the City 
 York, in the State of New York, acting by and through James 
 Taussig, of St. Louis, Missouri, our duly autliori/ed attorney, in 
 consideration of the sura of one dollar to us paid by Thoma< ( \ 
 Fletcher, Governor of the State of Missouri, on belialf of said 
 State, the receipt whereof we do hereby acknowledge, do give, 
 grant, sell, transfer and assign unto the State of ]\[i-^uri, the 
 Southwest Pacific Uailroad (formerly known as the South \: 
 Branch of the Pacific Railroad), and all the franchises, privilt 
 chosrs in action and easements appertaining to the same: the 
 rolling stock, cars, engines, depots, machin- Miiks and all 
 
 the property, real and personal of every description, belonging 
 or in any wise appertaining thereto, and also all the lands grant- 
 ed by the United States to the State of Missouri, by an act of 
 Congr. ss, entitled "An Act granting the right of way to the 
 itc of Missouri, etc.," approved June 10th, 1852, and by the 
 State granted to said John C. Fremont, by deed of even dato 
 herewith, and generally all property, rights, titles and franc! 
 appertaining to said Southwest Branch Railroad, which wer 
 quired by said John C. Fremont by the formal deed of convey- 
 ance' of the State of Missouri to him, of even date herewith, and 
 hereinafter particularly referred to; Provided, nevertJuli**. and 
 this conveyance is made upon the express condition that win- 
 on the twenty-eighth day of May, A, D. eighteen hundred and 
 sixty-six, the Board of Commissioners of the Southwest Pacific 
 Railroad did, on behalf of the State of Missouri, enter into a du. 
 plicate contract with said John C. Fremont, for the sale of the 
 said Southwest Pacific Railroad, and all its appurtenances, which 
 contract was afterwards, to wit, on the thirteenth day of June, 
 A. D. 1863, approved by the Governor, and one copy whereof was 
 afterwards filed in the office of the Secretary of State, all of 
 which proceedings were had in pursuance of the provisions of 
 the act of the General Assembly of Missouri entitled " An Act 
 "to provide for the sale of certain railroads and property by the 
 
57 
 
 "Governor, &c.," approved February 19th, 18C6; and whereas, 
 in pursuance of the condition of said contract, and the provisions 
 of said act, the Governor of the State of Missouri has executed 
 and delivered to said John C. Fremont a formal deed of convey- 
 ance of the premises hereinbefore described ; and whereas it is 
 provided in said contract, a copy whereof, duly certified by the 
 Secretary of State, is hereto attached, and made part and parcel 
 of this deed ; that in consideration of the execution and delivery 
 of said deed, and of the other agreements and obligations entered 
 into by the State in said contract, he, the said John C. Fremont, 
 should secure the portion of the purchase money remaining un- 
 paid, to wit : the sum of nine hundred and seventy-Jive thousand 
 dollars, and the due performance of the obligations by him as- 
 sumed in said contract, by a mortgage on the property so to him 
 conveyed ; Now, therefore, if the said John C. Fremont, his assigns, 
 legal representatives or successors, shall well and truly pay to the 
 State of Missouri the installments of the purchase money men- 
 tioned in said contract and remaining unpaid, at or before the 
 maturity thereof, with interest, according to the terms of said 
 contract, and if the said John C. Fremont, his assigns, successors 
 or legal representatives, shall well and truly perform each and 
 all of the conditions and undertakings to be by him performed 
 under said contract, then this deed shall be absolutely void to all 
 intents and purposes, and the lien thereby created shall be re- 
 leased at the cost of the said Fremont or his legal representatives, 
 by a deed of release duly executed on behalf and in the name of 
 the State, by the Governor thereof for the time being. But if the 
 said John C. Fremont, his 'assigns, successors, or legal represen- 
 tatives, shall fail to make any of the payments as in said contract 
 provided, or shall fail to perform any of the conditions or under- 
 takings of said contract by him to be performed, then and in 
 such case this deed shall remain in force, and the Governor of 
 the State for the time being may, if in his opinion it would 
 be to the interest of the State, proceed to sell the Railroad^ 
 its appurtenances and franchises, as herein conveyed, for cash 
 or bonds of the State, at public vendue, at the east front door 
 of the Court House in St. Louis, Missouri, first having given no- 
 tice of the time, terms and place of said sale, and of the property 
 to be sold, by advertisement in one daily newspaper published in 
 each of the cities of St. Louis, New York, Boston, and Philadel- 
 
58 
 
 phia, for three months prior to the day of sale ; and upon such 
 sale the Governor of the State shall execute and deliver to the 
 purchaser or purchasers of said Railroad a deed of conveyance of 
 the property sold, and out of the proceeds of such sale the Gov- 
 ernor shall pay over to the Treasurer of the State, or such other 
 ] i-^on as the General Assembly may designate, whatever of the 
 debt herein secured may then remain unpaid, and the balance, if 
 any, shall be paid over to said John C. Fremont or his legal 
 representatives. And it is hereby covenanted and agreed, that 
 until* default of the payment of the said sums or interest herein 
 secured, or other default as herein provided, the said mortgagee 
 shall have no right to enter and take possession of the prem 
 Audit is further covenanted and agreed, by and between the 
 parties hereto, that nothing herein contained shall be so construed 
 as to curtail, diminish or destroy the right of the said John C. 
 Fremont, his assigns, legal representatives or successors, to bor- 
 row money for the completion of said Southwest Pacific Kail- 
 road and payment of the purchase money to the State, in such 
 amounts and denominations, on such terms and in such form as 
 may be thought proper by him, his assigns or successors; and to 
 secure tin 1 money SO borrowed and the evidence thereof, whether 
 in the shape of bonds or otherwise, by mortgage or deeds of trust, 
 or pledges <f the finished or unfinished portion of the road and 
 appurtenances and lands acquired by said purchase, without 
 ing subject in relation to such loans, bonds, mortgage's, deeds of 
 trust and pledges to any conditions or restrictions enumerated 
 in the tenth section of the said act of the General Assembly, 
 approved February 19th, 1866, provided that such loans, bonds, 
 mortgages, deeds of trust and pledges shall not in anywise im- 
 pair the lien of the State created by these presents. 
 
 In testimony whereof, the said John C. Fremont and Jessie 
 Benton Fremont have hereunto set their hands and 
 affixed their seals, this fourteenth day of June, A. D. 
 
 I860, 
 
 (Signed) 
 
 JOHN C. FREMONT, [SEAL.] 
 
 By JAMES TAUSSIG, his attorney in fact. 
 
 JESSIE BEXTON FREMONT, [SEAL.] 
 By JAMES TAUSSIG, her attorney in fact. 
 
59 
 
 STATE OF MISSOURI, ss. 
 
 Be it remembered, that on this fourteenth day of June, A. D. 
 1866, before me, the undersigned, Clerk of the Supreme Court of 
 the State aforesaid, appeared James Taussig, who is personally 
 known to me to be the same person whose name is subscribed 
 to the foregoing instrument of writing as party thereto, and ac- 
 knowledged the same to be the act and deed of John C. Fre- 
 mont and Jessie Benton Fremont by and through the said 
 James Taussig, their attorney in fact, for the uses and purposes 
 therein mentioned, and the said James Taussig acknowledged 
 said instrument to be his act and deed as the attorney in fact of 
 John C. Fremont and Jessie Benton Fremont, for the uses and 
 purposes therein mentioned, and the said James Taussig further 
 acknowledged that by virtue and authority of the power of at- 
 torney to him executed by the said John C. Fremont and Jessie 
 Benton Fremont, he relinquishes the dower of said Jessie Ben- 
 ton Fremont in the real estate in said instrument described and 
 conveyed, and that she, the said Jessie Benton Fremont, through 
 her said attorney, relinquishes her dower in the real estate in 
 said instrument described, and conveys freely and voluntarily 
 and without compulsion or undue influence on the part of her 
 eaid husband. 
 
 In testimony whereof, I hereto set my hand and affixed the 
 seal of our said Supreme Court, at office in the City of 
 [L.S.] Jefferson, this fourteenth day of June, A. D. 1866. 
 
 (Signed) N. C. BURCH, 
 
 Clerk Supreme Court of Missouri. 
 
 Filed and recorded June 15th, 1866. 
 
 JULIUS CONEAD, Recorder. 
 
 STATE OF MISSOURI,) 
 
 COUNTY OF ST. Louis, j ss ' * 
 
 I, the undersigned, Recorder for said county, certify the fore- 
 going to be a true and complete copy of an instrument of writ- 
 ing from John C. Fremont to the State of Missouri, and of the 
 certificate of acknowledgment and of the date of filing and re- 
 cording thereof as fully as the same remains of record in my 
 office, in book 320, page 171. 
 
 Witness my hand and official seal, this the 19th day of 
 
 June, 1866. 
 [L.S.] (Signed) JULIUS CONRAD, Recorder. 
 
60 
 
 DEED, 
 
 J. C. Fremont and wife to the Southwest 
 Pacific Railroad Company. 
 
 Tins INDENTURE, made the twelfth day of September, in the 
 year of our Lord one thousand eight hundred and sixty-six, 
 Between John C. Fremont, and Jessie Benton Fremont, his wife, 
 of the city, county and state of New York, of the first part, and 
 the Southwest Pacific Railroad Company, a corpora 
 under and by virtue of an act of the General Assembly of the 
 state of Missouri, entitled "An Act authorising the i aion 
 
 of the purchaser or purchasers of any Railroad, &c." "a 
 March 20th, 1806," party of the second part, \\itin-SM-th, that the 
 said parties of the first part, for and in consideration of 
 of one million three hundred thousand dollars, lawful money of 
 the United States of America, to them in hand paid by the 
 party of the second part, at or before the CUM aling and deli 
 of these presents, the receipt where. f i> hereby acknowledged, 
 hath granted, bargained, sold, aliened, remised, relea>ed, con- 
 veyed and continued, and by these presents doth grant, bargain, 
 Bell, alien, remise, release, convey and confirm unto the said party 
 of the second part and to its successors and assigns forever, til 
 the Southwest Pacific .Railroad formerly known as the Southwest 
 Branch of the Pacific Railroad, and all the franchises, privileges, 
 rights, choses in action and easements appertaining to the same, 
 the rolling stock, cars, engines, depots, machine shops, tanks, and 
 all property, real and personal, of every description, belonging or 
 in anywise appertaining thereto, and also all the land granted 
 by the United States to the said state of Missouri to aid in the 
 construction of said road, by an act of Congress entitled "An Act 
 granting the right of way to the state of Missouri and a portion 
 of the public lands, <fcc.," approved June 10th, 1852, and which 
 by the said state of Missouri were granted to the said John C. 
 Fremont, one of said parties of the first part, by deed dated June 
 14th, 1866, and duly recorded in the office of the recorder of St. 
 
61 
 
 Louis county, state of Missouri, in book 321, p. 170, on 15th June, 
 1866, and generally all property, rights, titles and franchises 
 appertaining to said Southwest Branch Railroad wliich were so 
 acquired by the said Fremont as aforesaid, subject nevertheless 
 to a certain Indenture of Mortgage, bearing date the 14th day of 
 June, 1866, made by the said parties hereto of the first part to 
 the state of Missouri, to secure the sum of nine hundred and 
 seventy-five thousand dollars, and recorded in the office of the 
 recorder of St. Louis county, Missouri, in book 320, p. 171, which 
 mortgage the said party of the second part hereby assumes and 
 agrees to pay as part of the consideration money hereof, together 
 with all and singular the tenements, hereditaments, and appur- 
 tenances thereunto belonging or in any wise appertaining, and 
 the reversion and reversions, remainder and remainders, rents, 
 issues and profits thereof; and also all the estate, right, title, in- 
 terest, dower and right of dower, property, possession, claim and 
 demand whatsoever, as well in law as in equity, of the said par- 
 ties of the first part, of, in, or to the above-described premises, 
 and every part and parcel thereof, with the appurtenances. To 
 have and hold all and singular the above-mentioned and described 
 premises, together with the appurtenances, the said party of the 
 second part, its successors or assigns forever. 
 
 In witness whereof, the said parties of the first part have 
 hereunto set their hands and seals, the day and year first above 
 written. 
 
 J. C. FREMONT, [L.S.] 
 
 JESSIE BENTON FREMONT. [L.S.] 
 
 Sealed and delivered ) CHARLES NETTLETON, 
 in the presence of j SUSAN C. HASKELL. 
 
 STATE OF NEW YORK, ) 
 
 CITY AND COUNTY OP NEW YORK, j 
 
 I, Charles Nettleton, Commissioner of Missouri in New York, 
 do hereby certify that on this twelfth day of September, A. D. 
 one thousand eight hundred and sixty-six, came before me John 
 C. Fremont and Jessie Benton Fremont, his wife, who are per- 
 
G2 
 
 ionally known to me to be the same persons whose names are 
 subscribed to the within indenture as parties thereto, ami sever- 
 ally acknowledged the same to be their act and deed for the 
 purposes therein mentioned, and the said Jessie Benton Fremont, 
 wife of the said John C. Fremont, having been by me first made 
 acquainted with the contents of said indenture, acknowledged on 
 an examination apart from her husband that she executed the 
 same, and relinquishes lier dower in the real estate therein men- 
 tioned freely and without compulsion or undue influence of her 
 husband. In testimony whereof, I have hereto set my hand and 
 affixed my official seal the day and year aforesaid. 
 
 [SEAL.] 
 
 (Signed) 
 
 CHARLES NETTLETOX, 
 Commissioner for Missouri in New York. 
 
 $1,300 
 Int. Rev. 
 
 Stamp 
 Cancelled. 
 
 [This deed is duly recorded in the several counties of Missouri 
 through which the route of the road runs or in which the lands lie.] 
 
63 
 
 MOETGAGE 
 
 OP THE 
 
 SOUTHWEST PACIFIC KAILROAD COMPANY, 
 
 TO 
 
 JOHN P. YELVERTON AND CHARLES H. WARD. 
 
 THIS INDENTUEE OP MOETGAGE, made this fifteenth day of 
 September, in the year of our Lord eighteen hundred and sixty- 
 six, Between THE SOUTHWEST PACIFIC RAILEOAD COMPANY, a 
 corporation created under and by virtue of an act of the General 
 Assembly of Missouri, entitled " An act authorizing the incor- 
 poration of the purchaser or purchasers of any railroad," &c., ap- 
 proved March 20th, 1866, of the first part, and John P. Yelver- 
 ton and Charles H. Ward, of the City of New York, of the 
 second part 
 
 Witnesseth, That whereas the said parties of the first part 
 were incorporated as aforesaid, for the purpose of purchasing 
 from John C. Fremont, of New York, and taking possession of 
 the said Southwest Pacific Railroad (formerly known as the 
 Southwest Branch of the Pacific Railroad), theretofore sold to 
 said Fremont by the State of Missouri, and of the property, real 
 and personal, choses in action, franchises, rights and privileges 
 to the said Fremont conveyed by the said State of Missouri in 
 pursuance of such sale, and to enable the said Fremont and his 
 associates to complete, furnish, equip, operate, manage, and con- 
 trol such road, and the property, franchises and appurtenances 
 thereto belonging, or in anywise appertaining. 
 
 AND WHEEEAS, the said John C. Fremont and Jessie Benton 
 Fremont his wife, did, by deed bearing date the twelfth day of 
 
64 
 
 September, A. D. 1866, and duly recorded, convey to the said 
 parties of the first part, their successors and assigns, the said 
 road, and all the franchises, privileges, choses in action and ease- 
 ments appertaining to the same, the rolling stock, cars, engines, 
 depots, machine shops, tanks and all the property, real and per- 
 sonal, of every description belonging or in anywise appertaining 
 to said road, and also all the lands granted by the United St:. 
 to the State of Missouri to aid in the construction ef said road, 
 by an act of Congress, entitled " An act granting the right of 
 way to the State of Missouri," &c., approved June 10th, 1852; 
 and by said State granted to said Fremont, by deed dated June 
 14th, 18C6, and duly recorded, and generally all property, rights, 
 titles and franchises appertaining to said Southwest Branch Rail- 
 road which were so acquired by the said Fremont as aforesaid. 
 
 AND WIIEUEAS, in and by the contract of sale of the said 
 Southwest Pacific Railroad and its appurtenances, made in pur- 
 suance of an act of the General Assembly of Missouri, entitled 
 " An act to provide for the sale of certain railroads and property 
 by the Governor," &c., approved February 19th, 1866, bct\. 
 tiir Hoard of Commissioners of said road on behalf of the S- 
 of Missouri, and the eaid Fremont (which contract boars date 
 the 21st day of May, 1866, and is filed in the oflice of the S( 
 tary of State of Missouri), the said Fremont, his associates and 
 fissions, are authorized to borrow money for the completion of 
 said road, and payment of the purchase money to the State, in 
 such amounts and denominations, on such terms and in such 
 form, as they may deem best, without being subject to the re- 
 quire men ts or conditions of the tenth section of said act. 
 
 AND WHEREAS the said parties of the first part, for the pur- 
 poses aforesaid, propose to make and issue their bonds or obliga- 
 tions in pursuance of such contract, and of their legal rights, to 
 the extent of seven millions two hundred and fifty thousand dol- 
 lars, in the manner hereinafter mentioned, and thereby to become 
 indebted to divers persons, bodies politic or corporate who shall 
 become holders thereof; each of such bonds to bear date on the 
 fifteenth day of September, A. D. 1866, to be for the sum of one 
 thousand dollars, or of five hundred dollars each, and to be pay- 
 able on the fifteenth day of September, A. D. 1886, and interest 
 on each of said bonds at and after the rate of seven per centum 
 
65 
 
 per annum, to be payable on the successive first days of July 
 and January in every year until said principal sums named in 
 said bonds respectively, shall be severally paid, and the principal 
 as well as interest of all said bonds to be payable in the city of 
 "New York. 
 
 N"OW, THEKEFOBE, THIS INDENTURE WITNESSETH, that the Said 
 
 parties of the first part, for the purpose of securing the payment 
 of the sums of money mentioned in said bonds or obligations, 
 and each of them, with the interest thereon, according to the 
 true intent and meaning thereof, and also for and in consideration 
 of the sum of one dollar in hand paid by said parties of the 
 second part, the receipt whereof is hereby acknowledged, have 
 granted, bargained, sold, remised, released, conveyed and con- 
 firmed, and by these presents do grant, bargain, sell, remise, re- 
 lease, convey and confirm unto the said parties hereto of the 
 second part, and the survivor of them, and to their successors in 
 said trust, the Southwest Pacific Railroad (formerly known as 
 the Southwest Branch of the Pacific Railroad), including all and 
 singular the several pieces or parcels of land, being the roadway, 
 stations and depots of said road, as now completed to Rolla, in 
 the county of Phelps, and all and singular the roadway, stations 
 and depots of said road to be completed from Rolla aforesaid to 
 a point in the western boundary of the State of Missouri south of 
 the Osage river, a further distance of about two hundred miles, 
 and all the franchises, privileges, choses in action, and easements 
 appertaining to the same, the rolling stock, cars, engines, depots, 
 machine shops, tanks and all other personal property of every 
 description, belonging or in anywise appertaining thereto. 
 
 AND ALSO, six hundred and eighty-eight thousand acres of 
 land, situate, lying and being in the State of Missouri, adjoining 
 and adjacent to the uncompleted portion of said road, parts and 
 parcels of the lands which were granted by the said act of Con- 
 gress to the State of Missouri, to aid in the construction of said 
 road as aforesaid, which six hundred and eighty-eight thousand 
 acres of land constitute two-thirds of the land so granted by the 
 said act of Congress, and now unsold, and are to be selected b 
 the parties to this indenture of the first part, and specially sc 
 aside and appropriated to the purposes of this mortgage, anJ 
 proper schedules and lists thereof prepared, approved and coi* 
 
66 
 
 firmed, under the corporate seal ef the parties of the first part, 
 to be deposited with the said parties of the second part, so as to 
 give to the same the effect of a particular and detailed descrip- 
 tion of each separate piece or parcel of land set forth in this in- 
 denture ; together with all and singular the emoluments, income 
 and advantages, tenements, hereditaments and appurtenances 
 thereunto belonging or in anywise appertaining, and the reversion 
 and reversions, remainder and remainders, rents, issues and pro- 
 fits thereof, and also all the estate, right, title and interest, pro- 
 perty, possession, claim and demand whatsoever, at law and in 
 equity, of the said parties of the first part of, in and to the same, 
 and each and every part and parcel thereof, with the appurten- 
 ances. To have and to hold, all and singular the lands, premises 
 and property hereby granted, or intended so to be, and c.-u-li and 
 every part and parcel thereof, with the appurtenances, unto the 
 said parties of the second part, and the survivor of them and 
 their successors in said trust, as joint tenants, and not as tenants 
 in common, for the uses and purposes in this indenture set forth 
 and declared, subject to the provisions and requirements of the 
 before mentioned act of Congress, and to the several acts of the 
 General Assembly of Missouri relating to the same, and subject 
 also to the possession, control and management of the directors 
 of the said parties of the first part, so long as said bonds or obli- 
 gations shall remain unforfeited by the proper performance of all 
 the stipulations thereof: Provided always, and these presents 
 are upon the express condition that if the said parties of the 
 first part shall well and truly pay or cause to be paid to the 
 holders of said bonds or obligations, and every of them, the 
 principal sums of money therein mentioned according to the true 
 intent and meaning of these presents, that then and from thence- 
 forth this indenture and the estate hereby granted shall cease, 
 determine and be utterly void. 
 
 AND THIS INDENTURE FURTHER VTITNESSETII, that these pre- 
 sents and the said bonds or obligations are made, executed and 
 delivered upon the terms, conditions and agreements following; 
 "hat is to say: 
 
 First. That the actual possession, use, management and con. 
 ,i'ol of the said Railroad, with all the appurtenances thereto 
 belonging 1 , shall be and remain with the parties of the first part, 
 
67 
 
 so long as the said bonds or obligations shall remain without 
 default or forfeiture, and the said parties of the first part shall 
 perform and keep the stipulations thereof. 
 
 Second. That in case any further grants of land in said State 
 shall be made by any act or resolve of the United States, or of 
 the said State of Missouri, to, or shall be otherwise acquired by, 
 the said parties of the first part, two-thirds of the same are, by 
 the said parties of the first part, to be conveyed to the said 
 parties of the second part or their successors in said Trust, to be 
 held in mortgage and trust, in the same manner and for the 
 same purposes as the other lands which are embraced by this 
 Indenture, and the remaining third of such lands are to be held 
 by the said parties of the first part, and appropriated by them to 
 the purposes mentioned in the seventh article of this Indenture, 
 as hereinafter set forth. 
 
 Third. That of the bonds to be issued for the purpose afore- 
 said, two millions thereof, and no more, shall be issued for the 
 portion of the Road already completed to Rolla aforesaid, and 
 the further issue thereof is restricted to twenty-five thousand 
 dollars for each mile of Road beyond Rolla, as and after each 
 mile shall be completed ; and each of said bonds shall be counter- 
 . signed by said parties of the second part. 
 
 Fourth. That the six hundred and eighty-eight thousand 
 acres granted as aforesaid shall be carefully valued and appraised 
 by the said parties of the first part, their officers and agents, and 
 the relative value of each piece or parcel of land established for 
 the purpose of division and allotment thereof, into seven classes 
 of the following number of acres and valuations, that is to say : 
 
 1st Class. Consisting of lands of developed lead mines, 640 acres, 
 
 minimum valuation $500 per acre $320,000 
 
 2d Class. Lands of lead mines not fully developed, but 1st class, 
 
 1,920 acres, minimum valuation $300 per acre 576,000 
 
 3d Class. Mineral lands of special value, containing iron, coal, copper 
 
 and lead, 25,000 acres, minimum valuation $50 per acre 1,250,000 
 
 4th Class. 1st class agricultural lands situated near towns and stations, 
 
 12,800 acres, minimum valuation f 30 per acre 256,000 
 
 6th Class. Superior timber and agricultural lands from peculiarity 
 
 of location on line of Road, 202,306 acres, minimum valuation 
 
 $15 per acre 3,034,590 
 
 6th Class. Superior agricultural and timber lands, 224,000 acres, 
 
 minimum valuation $8 per acre 1,792,000 
 
 7th Class. Good agricultural and timber lands, 221,334 acres, minimum 
 
 valuation $5 per acre 1,106,670 
 
 Forming an aggregate of 688,000 acres of $8,335,260 
 
cs 
 
 All of which the said parties of the first part, with as little delay 
 as practicable, shall certify and declare to the said parties of the 
 second part, by proper lists and schedules under seal, with such 
 description as shall enable the parties of the second part to as- 
 certain and establish the precise location, position and boundaries 
 of each and every piece or parcel of said lands, and the class to 
 which the same belongs, and the price or sum for which the same 
 may be sold or conveyed, which price or sum may be varied and 
 changed from time to time, at the pleasure of said parties of the 
 first part. Provided, however, that the selling price of any piece 
 or parcel of land shall in no case be less than the minimum 
 valuation of the same hereinbefore given, and of the class to 
 which it is allotted, until the aggregate sum actually realized 
 and received in money, evidences of debt, or by the surrender of 
 the said bonds or obligations as hereinafter provided, shall 
 amount to the aggregate valuation of any of the classes above 
 set forth and declared, when the said parties of the first part may 
 instruct and empower the said parties of the second'part to sell 
 and convey any remaining pieces or parcels of land of said c] 
 at such price as they may deem proper, even below the minimum 
 valuation of the class, but not to alter or change the mode of 
 selling, or the appropriation of the proceeds and receipts from 
 such sales. 
 
 Fifth. Tliat the parties of the first part shall be at all times 
 at liberty to contract for the sale of any of the divisions or pa: 
 of said lands, at a price not less than that fixed in the valuations 
 aforesaid, and to contract to receive payment therefor in cash, 
 or with the written consent of the said parties of the second part 
 may give credit on said sales, and upon the payment of such 
 purchase money to said parties of the second part, said parties of 
 the second part shall, by proper deeds or instruments by them 
 executed, join in a release and conveyance of such parcel or 
 parcels of land to the purchasers thereof, and when and so often 
 as from the net proceeds of sales of said lands, after deducting 
 all charges connected with the execution of said trust, there shall 
 remain in the hands of said parties of the second part a sum 
 equal to forty thousand dollars, said parties of the second part 
 shall apply the same to the payment and discharge of the said 
 bonds, secured hereby in manner following, that is to say: The 
 said parties of the second part shall give sixty days' notice, by 
 
69 
 
 publication in one or more newspapers printed in Missouri and 
 in the city of New York, of their readiness to redeem said bonds 
 at the lowest rates below, and not exceeding five per cent, above 
 the par value thereof and interest due thereon, at which the 
 holders of said bonds may offer to sell the same, and all bonds 
 that may be thus offered for redemption, shall be classified by the 
 said parties of the second part, and shall be paid and discharged 
 by them in the order of the lowest rates, within the limits afore-- 
 said, at which they may be so offered, to the extent of the sum 
 in the hands of the said parties of the second part, and in case of 
 insufficiency of funds to pay and discharge all the "^onds of the 
 same class offered for redemption, the said parties of the second 
 part shall determine by lot the bonds of such class which shall 
 be entitled to be so paid and discharged ; and in the event that 
 no bonds shall be offered for redemption within the limits afore- 
 said, or not a sufficient amount thereof, to absorb the sum in the 
 hands of the said parties of the second part, then such sum or so 
 much thereof as shall not have been appropriated in the manner 
 aforesaid, shall, at the option of the said parties of the first part, 
 be payable to the said parties of the first part, to be used by 
 them in the construction of said Road, upon their surrendering 
 to the said parties of the second part, to be cancelled, an equal 
 amount of said bonds unissued, at the par value thereof, provided, 
 however, that by the terms of this mortgage, the said parties of 
 the first part shall have the right at that time to issue such bonds; 
 and in case the said sum of forty thousand dollars shall not be 
 appropriated in any of the ways above provided for, then such 
 sum or so much thereof as may not have been so appropriated 
 shall be invested by said parties of the second part in United 
 States bonds and securities, which, with the income thereof, may 
 be applied from time to time to the redemption of said bonds, in 
 the manner and within the limits aforesaid, or such securities 
 may be retained by the said parties of the second part, and with 
 the income thereof accumulated to form a sinking fund for the 
 payment of said bonds, when they shall become due and payable. 
 
 Sixth. That the holders of any of the bonds hereby secured, 
 shall have the right at any time to receive in payment thereof at 
 par and interest any of said parcels of land, except the mineral 
 lands, at the valuation so fixed as aforesaid, at schedule rates at 
 time of such payment, provided the same shall not have been 
 
70 
 
 previously sold or contracted to be sold, and provided also that 
 the land so taken in payment for said bonds, shall not, in any 
 instance, be in quantity less or other than the lots into which 
 said lands have Leen divided for sale as aforesaid, and any ex- 
 in value of lands thus taken in payment, beyond such bonds and 
 interest, shall be paid by the holders thereof in cash, to - 
 parties of the second part, and in all such cases of the payment 
 of any of said bonds by lands as aforesaid, said parties of the 
 second part shall and may as well in the names of the parties of 
 the first part as in their own names, execute and acknoxvl- 
 and deliver proper deeds of release or conveyances of the lands 
 so taken in payment as aforesaid, and all bonds received in pay- 
 ment for said lands or otherwise as aforesaid, shall be by 
 parties of the second part forthwith cancelled, the corpoi 
 of the parties of the first part taken therefrom, and the same be 
 filed anil preserved by said parties of the second part. 
 
 Seventh. That three hundred and forty-four thousand a< 
 land, parts and parcels of the lands which were granted by the 
 said act of Congress to the State of Missouri, to aid in the con- 
 struction of paid road, being one-third of the lands 1 by 
 said State to the said Fremont, and by said Fremont to said 
 parties of the first part as aforesaid, and which are not included 
 in this mortgage, shall be held and set apart by the said par 
 of the first part, for purposes of sale from time to time, and the 
 proceeds of such sales shall be appropriated, in case of deli i. IK y 
 from other sources, to the payment of interest of said bonds and 
 to the maintaining and operating of said road, or to the c 
 struction thereof, as the exigent * cf the business of said pa: 
 of the first part may require, and if not so appropriated, the pro- 
 ceeds of such sales or the balance thereof after such appropriation, 
 if any, shall go to and form part of the sinking fund for the 
 redemption of said bonds hereinbefore provided for. 
 
 And this Indenture further witnesseth, that said parties of the 
 first part do covenant and agree to pay to the holders of said 
 bonds respectively, the said principal sums of money therein 
 respectively mentioned, together with the interest as stipulated 
 therein ; and that if default shall be made in the payment of the 
 interest of said bonds or either of them, payment thereof beinir 
 duly demanded, and said default shall continue for the period of 
 six months, or if default shall be made in the payment of the 
 principal of said bonds or obligations, that then and from the 
 
71 
 
 forth it shall and may be lawful for the said parties of the second 
 part to enter into and upon, and take possession of all and 
 singular the said Railroad, and all the property included or 
 intended to be included in this mortgage, and also all the engines, 
 tenders, cars, carriages, tools, machinery, and materials in any 
 way belonging or appertaining to said road then owned by the 
 said parties of the first part, in the same manner as if the same 
 had actually been included in and held by this Indenture of 
 Mortgage, and that the said parties of the second part shall, and 
 may by themselves, their officers and agents, take, receive, and 
 collect the income and profits of said railroad, first applying the 
 same to the payment and discharge of all the current expenses 
 of said railroad, and its needful repairs, and then to the payment 
 of the interest and principal of said bonds or obligations in such 
 manner as they may deem proper. And further, that the said 
 parties of the second part having entered into full possession of 
 the said railroad and all the equipments thereto belonging, as 
 above provided, may proceed to dispose of the same, and all and 
 singular the lands hereinbefore particularly set forth and describ- 
 ed, remaining unsold at the time of such entry, if any there be, 
 and also each and every piece or parcel of land and premises, 
 parts and parcels of the lands so granted to the State of Missouri 
 by the said act of Congress, to aid in the construction f said 
 road, and which have not been and are not intended to be in- 
 cluded in this mortgage, which may then remain unsold, in the 
 same manner as if said lands had been included in these presents 
 and mortgaged for the purposes herein set forth and declared, 
 and may make such sale of the said premises, each and every of 
 them, and all benefit and equity of redemption of the said parties 
 of the first part therein, at public auction, after giving public 
 notice of the time and place of such sale, by advertising the 
 same in one or more newspapers printed in the State of Missouri 
 and in the city of New York, at least six months before the time 
 fixed for such sale ; and the said parties of the second part, as the 
 attorneys of said parties of the first part, are hereby authorized, 
 constituted and appointed to make and deliver to the purchaser 
 or purchasers, good and sufficient deed or deeds of conveyance 
 in the law for the same, in fee simple, and good and sufficient 
 transfers and assignments of such personal property j and out of 
 the money arising from such sale and sales, to retain the principal 
 and interest which shall then be due on said bonds or obligations, 
 
72 
 
 for the benefit of the holders thereof, together with the costs and 
 charges of advertisement and sale of said premises, rendering the 
 overplus of the purchase money, if any, unto the said parties of 
 the first part, their successors or assigns, which sale shall forever 
 be a perpetual bar against the said parties of the first part, their 
 successors and assigns, and all other persons claiming or to claim 
 the premises, or any part thereof, by, from, or under them or 
 either of them. 
 
 And it is hereby mutually agreed by and between the parties 
 to these presents, that the said parties of the second part, and 
 their successors in said trust, their heirs, executors, or administra- 
 tors, shall not be answerable for the acts, defaults, or omissions 
 of each other, and that each shall be responsible for gross negli- 
 gence and willful default only. 
 
 And it is further agreed, by and between the said parties of 
 the second part, that whenever a vacancy among said parties of 
 the second part or their successors shall occur by death, resigna- 
 tion, or inability to discharge the duties of said trust, the remain- 
 ng Trustee shall immediately proceed and make an appointment 
 of a successor from among the holders of said bonds or obligations, 
 by endorsing such appointment in writing upon this Indenture, 
 and the person so appointed shall endorse his acceptance of siu-h 
 appointment upon the Indenture, and thereupon such person shall 
 become Trustee with the surviving or remaining party of the 
 second part, and the said surviving or remaining party of the 
 second part shall, by appropriate instruments, vest in the party 
 so appointed, the necessary legal estate and interest to enable 
 him to execute said trust, and in case said vacancy shall not be 
 filled within thirty days from the occurrence thereof, by 
 remaining Trustee as aforesaid, or in case of the death or i < 
 nation of both of said Trustees, then and thereupon such vacancy 
 or vacancies may be filled by the parties of the first part, from 
 among the holders of said bonds, in the manner aforesaid, such 
 bondholder or bondholders so chosen as last aforesaid to fill such 
 vacancy or vacancies, to be each the bona fide owner of not less 
 than twenty thousand dollars of said bonds, at par value thereof. 
 All such resignations so made as aforesaid shall be in writing 
 endorsed hereon, and signed by the party so resigning, and any 
 such disability certified hereon by the remaining Trustee and 
 confirmed by the vote of the Directors of the parties of the first 
 part, shall be taken and deemed to bo conclusive in the premises. 
 
73 
 
 And it is further agreed by said parties of the first part, that 
 they, their successors, and all and every person or persons whom- 
 soever legally or equitably deriving any estate, right, title or 
 interest of, in, or to the premises hereinbefore granted by, from, 
 under or in trust for them, shall and will, at any time or times 
 hereafter, upon the reasonable request and at the proper costs 
 and charges in the law of the said parties of the second part, 
 their heirs and assigns, make, do and execute, and cause to be 
 mp.de, done and executed, all and every such further and other 
 reasonable acts, conveyances and assurances in the law for the 
 better and more effectually vesting and confirming the premises 
 hereby granted or intended so to be, in and to the said parties of 
 the second part, their heirs and assigns forever, as by the said 
 parties of the second part, their heirs or assigns, or their counsel 
 learned in the law, shall be reasonably desired, advised or 
 required. 
 
 And it is further agreed, that the parties of the second part 
 and their successors in this trust, shall and may, from out of the 
 funds in their hands, retain a just and reasonable compensation 
 for their services. 
 
 And it is further agreed, that the mortgage stamps required 
 by the United States Revenue Laws, instead of being placed on 
 this mortgage, shall be placed on the bonds secured thereby as 
 the same shall be issued. 
 
 And the said parties of the second part do hereby severally 
 accept the trusts herein mentioned, and covenant faithfully to 
 administer and execute the same. 
 
 In witness whereof, the Southwest Pacific Railroad 
 Company have caused their corporate seal to be 
 hereto affixed, and the same to be signed by John 
 seni i C. Fremont, their President, and William A. 
 R'. R.'CO. j" Stephens, their Treasurer, for that purpose duly 
 authorized; and the said parties of the second part 
 have hereto set their hands and seals the day and 
 year first above mentioned. 
 
 Executed and delivered ) 
 in presence of J 
 
 JOHN C. FREMONT, President. 
 WM. A. STEPHENS, Treasurer. 
 JOHN P. YELVERTON, Trustee, [seal] 
 CHAS. H. WARD, Trustee, [seal.] 
 
[Subsequent to the various acts hereinbefore mentioned, an act 
 of Congress, approved July 27th, 1866, created the Atlantic and 
 Pacific Railroad Company (with a land grant of about 55,000,- 
 000 of acres to aid in the construction of their road to the 
 Pacific Ocean, by the 35th parallel, as an extension of the South- 
 west Pacific Railroad), into which the Southwest Pacific Rail- 
 road has been consolidated and merged, and which organization 
 partakes of all the rights and powers hitherto possessed by the 
 Southwest Pacific Railroad Company.]