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road.

Portland

Branch.

ous railroad and telegraph line, with the appurtenances, namely, beginning at a point on Lake Superior, in the Route of the State of Minnesota or Wisconsin; thence westerly by the most eligible railroad route, as shall be determined by said Company, within the territory of the United States, on a line north of the forty-fifth degree of latitude, to some point on Puget Sound,* with a branch,tria the Valley of the Columbia River, to a point at or near Portland, in the State of Oregon, leaving the main trunk line at the most suitable place, not more than three hundred miles from its western terminus; and is hereby vested with all the powers, privileges and immunities necessary to carry into effect the purposes of this act as herein set forth. The capital stock of said Company shall consist of Capital Stock. one million shares of one hundred dollars each, which shall in all respects be deemed personal property, and shall be transferable in such manner as the By-laws of said Corporation shall provide. The persons hereinbefore named are hereby appointed Commissioners, and shall be called the Board of Commissioners of the "Northern Pacific Railroad Company," and fifteen shall constitute a quorum for the transaction of business. The Commissioners.

ers.

Quorum of

first meeting of said Board of Commissioners shall be held First meeting at the Melodeon Hall, in the City of Boston, at such time of Commissionas any five Commissioners herein named from Massachusetts shall appoint, not more than three months after the. passage of this act, notice of which shall be given by them to the other Commissioners, by publishing said notice in at least one daily newspaper in the Cities of Boston, New Notice of meetYork, Philadelphia, Cincinnati, Milwaukie and Chicago, once a week, at least four weeks previous to the day of meeting. Said Board shall organize by the choice from Officers. its number of a President, Vice-President, Secretary and Treasurer, and they shall require from said Treasurer such bonds as may be deemed proper, and may from Treasurer. time to time increase the amount thereof as they may

The Secretary shall be sworn to the faith

ings.

Secretary to

deem proper.
ful performance of his duties, and such oath shall be be sworn.

Puget Sound construed to mean all waters connected with Straits of Fuca

by act of March 1st, 1869.

†Portland Branch extended to Puget Sound April 13th, 1869.

entered upon the records of the Company, signed by him, and the oath verified thereon. The President and Secretary of said Board shall, in like manner, call all other meetings, naming the time and place thereof. It shall be Subscription the duty of said Board of Commissioners to open books

to stock.

or cause books to be opened, at such times and in such principal cities or other places in the United States as they or a quorum of them shall determine, within six months after the passage of this act, to receive subscriptions to the capital stock of said Corporation, and a cash payment of ten per centum on all subscriptions, and to receipt therefor; so soon as twenty thousand shares shall in good faith be subscribed for, and ten dollars per share actually paid into the treasury of the Company, the said President and Secretary of said Board of Commissioners shall appoint a time and place for the first meeting of the subscribers to the stock of said Company, and shall give notice thereof in at least one newspaper in each State in which subscription books have been opened, at least fifteen days previous to the day of meeting, and such subscribers as shall attend the meeting so called, either in person or by lawful proxy, then and there shall elect, by ballot, First election thirteen Directors for said Corporation; and in such election each share of said capital stock shall entitle the owner thereof to one vote. The President and Secretary of the Board of Commissioners, and, in case of their absence, or inability, any two of the officers of said Board, shall act as inspectors of said election, and shall certify under their hands the names of the Directors elected at said meeting, and the said Commissioners, Treasurer, and Secretary, shall then deliver over to said Directors all the properties, subscription books, and other books in their possession, and thereupon the duties of said Commissioners and the officers, previously appointed by them, shall cease and determine forever, and thereafter the stockholders shall Annual Meet- constitute said body politic and corporate. Annual meetings of the stockholders of said Corporation for the choice of officers (when they are to be chosen) and for the transaction of business, shall be holden at such time and place, and upon such notice as may be prescribed in the Bylaws.

of thirteen Directors.

ings prescribed in By-laws.

Material for construction.

SECTION 2. And be it further enacted, That the right of Right of way. way through the public lands be, and the same is hereby, granted to said "Northern Pacific Railroad Company," its successors and assigns, for the construction of a railroad and telegraph as proposed; and the right, power, and authority is hereby given to said Corporation to take from the public lands adjacent to the line of said road material of earth, stone, timber, and so forth, for the construction thereof; said way is granted to said railroad to the extent of two hundred feet in width on each side of said railroad, where it may pass through the public domain, including all necessary ground for station buildings, workshops, depots, machine shops, switches, side tracks, turn-tables, and water stations, and the right of way shall be exempt from taxation within the Territories of the United States. The United States shall extinguish, as rapidly as may be consistent with public policy and the be extinguished. welfare of the said Indians, the Indian titles to all lands falling under the operations of this Act, and acquired in

the donation to the [road] named in this bill.

Way defined.

Indian titles to

Twenty sections per mile on each side in Territories, and

SEC. 3. And be it further enacted, That there be, and Land Grant. hereby is, granted to the "Northern Pacific Railroad Company," its successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line to the Pacific coast, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores, over the route of said line of railway, 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 said Company may adopt, through the territories of the ten sections in United States, and ten alternate sections of land per mile on each side of said railroad, whenever it passes through any State, and whenever, on the line thereof, the United States have full title, not reserved, sold, granted or otherwise appropriated, and free from preëmption, or other claims or rights, at the time the line of said road is definitely fixed, and a plat thereof filed in the office of the be made up. Commissioner of the General Land Office; and whenever, prior to said time, any of said sections, or parts of sec

States.

Deficiencies to

tions, shall have been granted, sold, reserved, occupied by homestead settlers, or preempted or otherwise disposed of, other lands shall be selected by said Company in lieu thereof, 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: Provided, That if said route shall be found upon the line of any other railroad route, to aid in the construction of which lands have been heretofore granted by the United States as far as the routes are upon the same general line, the amount of land heretofore granted shall be deducted from the amount granted by this act Provided, further, That the railroad company receiving the previous grant of land may assign their interest to said "Northern Pacific Railroad Company," or Proviso for may consolidate, confederate, and associate with said Company upon the terms named in the first section of this act: Provided, further, That all mineral lands be, and the same are hereby, excluded from the operations of this act, and in lieu thereof a like quantity of unoccupied and unappropriated agricultural lands in odd numbered sections nearest to the line of said road, and within fifty miles thereof, may be selected as above provided : and "Mineral" de- Provided, further, That the word "mineral," where it occurs in this act, shall not be held to include iron and coal And provided, further, That no money shall be drawn from the Treasury of the United States to aid in the construction of said "Northern Pacific Railroad."

consolidation.

Mineral lands excluded.

fined.

Commissioners to examine twenty-five-mile sections.

SEC. 4. And be it further enacted, That whenever said Northern Pacific Railroad Company" shall have twentyfive consecutive miles of any portion of said railroad and telegraph line ready for the service contemplated, the President of the United States shall appoint three Commissioners to examine the same, and if it shall appear that twenty-five consecutive miles of said road and telegraph line have been completed in a good, substantial and workmanlike manner, as in all other respects required by this act, the Commissioners shall so report to the President of the United States, and patents of lands, as aforesaid, shall be issued to said Company, confirming

to said Company the right and title to said lands situated opposite to and conterminous with said completed section of said road; and from time to time, whenever twentyfive additional consecutive miles shall have been constructed, completed, and in readiness as aforesaid, and verified by said Commissioners to the President of the United States, then patents shall be issued to said Company conveying the additional sections of land as aforesaid, and so on as fast as every twenty-five miles of said road is completed as aforesaid: Provided, That no more than ten sections of land per mile, as said road shall be completed, shall be conveyed to said Company, for all that part of said railroad lying east of the western boundary of the State of Minnesota, until the whole of said railroad shall be finished and in good running order, as a first class railroad, from the place of beginning on Lake Superior to the western boundary of Minnesota: Provided, also, That lands shall not be granted under the provisions of this act on account of any railroad, or part thereof, constructed at the date of the passage of this act.

must be built.

Telegraph.

SEC. 5. And be it further enacted, That said Northern How the road Pacific Railroad shall be constructed in a substantial and workmanlike manner, with all the necessary draws, culverts, bridges, viaducts, crossings, turnouts, stations and watering places, and all other appurtenances, including furniture and rolling stock, equal, in all respects, to railroads of the first class when prepared for business, with rails of the best quality, manufactured from American iron. And a uniform gauge shall be established throughout the entire length of the road. And there shall be constructed a telegraph line of the most substantial and approved description, to be operated along the entire line: Provided, That the said Company shall not charge the Government higher rates than they do individuals for like transportation and telegraphic service. And it shall be the duty of the "Northern Pacific Railroad Company" to permit any other railroad, which shall be authorized to connect. be built by the United States or by the Legislature of any Territory or State in which the same may be situated, to form running connections with it on fair and equitable terms.

Other roads to

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