Page:United States Statutes at Large Volume 16.djvu/610

 576 FORTY-FIRST CONGRESS. Suse. III. Ch. 122. 1871. porated, not inconsistent with the laws of the United States and the provisions of this charter. Rightof way Sec. 8. That the right of way through the public lands be, and the 5:‘¤¤*°gI,*h{°“§h same is hereby, granted to the said company for the construction of the lnapsuulggn :3 said railroad and telegraph line, and the right, p0vY0;‘, aud authority is take materials hereby given to said company to take, from the public lands adjacent to f:‘;‘5;“‘il“°°“t the line of said road, earth, stone, timber, and other materials for the con. Exlent of struction thereof Said right of way is granted to stud company to the K¤‘¤¤¤· extent of two hundred feet in width on each side of said railroad where it may pass over the public lands; aud there is also hereby granted to said company grounds for station, buildings, workshops, wharves, switches, side-tracks, turntables, water-stations, and such other structures as may be necessary for said railroad, not exceeding forty acres of land at an one point. _ Alternate see- Smjo. 9. That for the purpose of aiding in the construction of the railf;‘:;°f Pgggm road and telegraph line herein provided for, there is hereby granted to th, mgzmnou; the said Texas Pacific Railroad Company, its successors and assigns, every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said railroad line, as such line may be adopted by said company, {nhs1m-;- through the Territories of the United States, and ten alternate sections brieséd _ of land per mile on each side of said railroad in California, where the in ii-°“"°‘ same shall not have not have been sold, reserved, or otherwise disposed of by the United States, and to which a pre-emption or homestead claim may not have attached at the time the line of said road is definitely kiss? of $16 fixed. In case any of said lands shall have been sold, reserved, occupied, difpomlfzfotilgf or pre-empted, or otherwise disposed of} other lands shall be selected in lsmdnhobekiven. lieu thereof by said company, under the direction of the Secretary of the Interior, in alternate sections, and designated by odd numbers, not more than ten miles beyond the limits of said alternate sections first above Provision as named, and not including the reserved numbers. It} in the too near t°l'"?d“ “°‘“` in approach of the said railroad line to the boundar of Mexico, the number Mexican boun- y dary. of sections of land to which the company is entitled cannot be selected immediately on the line of said railroad, or in lieu of mineral lands excluded from this grant, a like quantity of unoccupied and unappropriated agricultural lands, in odd-numbered sections nearest the line of said rail- "Mi¤¤ml_" not road may be selected as above provided; and the word “ mineral," where gf :Q)‘§lf‘d° “`°“ it occurs in this act, shall not be held to include iron or coal: Provided, Grant in Gen- however, That no public lands are hereby granted within the State of °°° ’ °' make up deiiciencies as aforesaid, and then not to exceed twenty miles ·*,ship’¤ chv.¤— from the lands originally granted. The term “ship’s channel," as used ":’;M_”° m°’*“ in this bill, shall not be construed as conveying any greater right to said company to the water front of San Diego bay than it may acquire by gift, grant, purchase, or otherwise, except the right of way, as herein Lands gignted granted: And provided further, That all such lands, so granted by this fiff_:;;;;  section to said company, which shall not be sold, or otherwise disposed to be subjehtto of) as provided in this act, within three years after the completion of the ¤°m°m°&* md entire road, shall be subject to settlement and pre-emption like other Plump °n' lands, at s price to be fixed by and paid to said company, not exceeding an agiage of two dollars and hfty cents per aore for all the lands herein gran Ripht or way Sec. 10. That when the route of said railroad and telegraph line shall Q:;' {gb pass through the lands of private persons, or where it may be necessary be swmd M. for said ratlroad company to take any lands belonging to private persons ¤?¤gii¤s¤>i¤w for any of the purposes herein mentioned necessary to said road, such ° °'°°*’l'°‘ right of way through or title to such lands shall be secured in accordancedwith the laws of the State or Territory in which they may be situate.
 * 0*13*8;*0* *0 °>*· California further than twenty miles on each side of said road, except to