Page:Oregon Historical Quarterly volume 25.djvu/204



Ruckel and his partners in the Oregon Transportation Line now determined to build a portage railroad similar to the Bradford one. Accordingly negotiations were had with John Chipman, the owner of the claim at the upper landing, resulting in the agreement which follows:

This Indenture made the twenty ninth day of August in the year one thousand eight hundred and fifty-seven between John Chipman of the Cascades, Wasco County, Oregon Territory, of the first part and J. S. Ruckel and H. Olmstead of the same place of the second part. Witnesseth that the said party of the first part hath leased and by these presents doth grant, demise and doth lease unto the said party of the second part their heirs, executors and assigns the exclusive right of way for the term of fifty years to build or construct a Rail Road from the landing known as the Wasco steamboat landing at the upper Cascades, from thence along the most practicable route on or near the banks of the Columbia river to the most westerly line of the land claim belonging to the party of the first part. Also the said party of the first part doth grant and lease unto the said party of the second part their heirs, executors and assigns for the same period (fifty years) the further exclusive right of way to build or construct a rail road or wagon road or roads from the above described Wasco landing to any point on the Columbia River between the Wasco landing and the most westerly line of said claim.

And the party of the second part their heirs, executors or assigns doth covenant and agree to pay to the party of the first part the yearly rent of fifty dollars ($50)f the same to be paid yearly in advance on or before the first day of September. And the party of the second part their heirs, executors and assigns further agree to have the main line of the Rail Road, that is to say from the Wasco landing to the most westerly limits of the land claim on the Columbia, completed within a period not exceeding fifteen months from the first day of September next. And it is further agreed by the party of the first part that the party of the second part shall not be limited