CHAPTER LXXIX.

GRANT OF LANDS.

AN ACT to accept a grant of lands made to the State of Kansas by the Congress of the United States, to aid in the construction of certain railroads and telegraphs in said State, and to apply the same to construction of such roads and telegraphs.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. The State of Kansas hereby accepts the grant of Acceptance. lands made to this State by the Congress of the United States, by act entitled "An act for a grant of lands in the State of Kansas in alternate sections, to aid in the construction of certain railroads and telegraphs in said State," approved March 3, 1863, upon the terms and conditions set forth in said act of Congress.

Gibson. Co.

SEC. 2. In consideration that the Leavenworth, Lawrence Leav., Law. & Ft. and Fort Gibson Railroad and Telegraph Company shall construct a railroad and telegraph from the city of Leavenworth, by the way of the town of Lawrence, and via the Ohio City crossing of the Osage river to the southern line of the State, in the direction of Galveston Bay, in the State of Texas, with a branch from Lawrence by the valley of the Wakarusa river, to the point on the Atchison, Topeka and Santa Fe railroad, where said road intersects the Neosho river; the State of Kansas hereby agrees to grant, bargain and sell to said Leaven-. worth, Lawrence and Fort Gibson Railroad Company, all that portion of the lands granted to this State by the above named act of Congress, applicable to the construction of the above de-. scribed railroad and telegraph, and the above described branches thereof, and which shall be selected or located in conformity with the provisions of the above mentioned act of Congress. And the said State of Kansas further agrees, and it is hereby enacted, that so soon as said Leavenworth, Lawrence and Fort Gibson Railroad Company shall, complete any twenty consecu- When 20 miles. tive miles of either said road or branch, as required by said act of Congress, the Governor of this State shall, by patent, Governor convey convey to such company, all the lands granted as aforesaid, which shall be situated opposite to and within a limit of ten

by patent.

Congress.

miles of the line of said section of road thus completed, extending along the whole length of said completed section, and no further, and so from time to time until said road and branch shall be completed. And whenever said road, branch and Subject to act of telegraphs shall be completed as required by said act of Congress, the Governor shall convey to said company all the remaining lands granted by said act of Congress and applicable to the construction of said road, branch and telegraphs: Provided, however, that said agreement for the sale of said lands and all conveyances thereof, shall be for the uses and purposes, and subject to the conditions, reversions and provisions set forth and contained in said act of Congress and in this act: And provided further, that at the point of intersection of said road and branch, there shall be an equal division of the lands granted to aid in building said road and branch.

Atchison, Topeka & Santa Fe Co.

SEC. 3. In consideration that the Atchison, Topeka and Santa Fe Railroad Company, formerly the Atchison and Topeka Railroad Company, shall construct a railroad from the city of Atchison via Topeka, to the western line of said State, in the direction of Fort Union and Santa Fe, New Mexico, with a branch from where said road crosses the Neosho, down said Neosho valley to the point where the Leavenworth, Lawrence and Fort Gibson railroad enters said Neosho valley, the State of Kansas hereby agrees to grant, bargain, and sell to said Atchison, Topeka and Santa Fe Railroad Company, all that portion of the lands granted to this State by the above named act of Congress, applicable to the construction of the herein above described railroad and branch thereof, and which shall be selected and located in conformity with the provisions of the above named act of Congress. And the said State does further agree, and it is hereby enacted, that whenever said Atchison, Topeka and Santa Fe Railroad Company shall When 20 miles complete any twenty consecutive miles of either said road or shall convey by branch, as required by said act of Congress, the Governor of this State shall, by patent, convey to said Atchison, Topeka and Santa Fe Railroad Company, all the lands granted as aforesaid, and which shall be situated opposite to and within a limit of ten miles of the line of said section of road thus completed, extending along the whole length of said completed

completed, Gov'r

patent.

Congress.

section, and no further, and so from time to time until said road and branches shall be completed, as required by said act of Congress; and whenever said road and branch shall be thus completed, the Governor of this State shall convey to said company all the remaining lands granted by said act of Congress, and applicable to the construction of said road and branch: Provided, however, that said agreement for the sale Subject to act of of said lands and all conveyances thereof, shall be for the uses and purposes, and subject to the conditions, reversions and provisions set forth and contained in said act of Congress and in this act: And provided further, that if the Congress of the United States shall, on or before the 4th day of March, 1866, consent that the Neosho valley branch of the above named road may be extended so as to intersect the Union Pacific railroad, eastern division, at or near Fort Riley, and shall make a grant of land for such extension of like amount with that granted per mile for the construction of the herein above named principal road, then said Atchison, Topeka and Santa Fe Railroad Company shall proceed to construct such branch to such intersection, on the terms and conditions herein above prescribed, applicable to the construction of such main road. SEC. 4. Each of said companies shall file in the office of the Secretary of State, within six months after the passage of this act, a copy of the acceptance by the board of directors of such company, of the provisions of this act, duly certified under the seal of said company; and in default thereof all grants and provisions herein contained shall, as to the company so failing, cease and be void.

Within six mos.,

comp'y shall file

with the Secreta

ry of State, &c.

shall file, &c.

SEC. 5. Said companies shall, respectively, within one year within one year, after its road shall have been definitely located, file in the office of the Secretary of State, a map or profile thereof, and of the land reserved or taken for the use of said road, and shall also file maps of the parts of such roads and lands in the office of the Register of Deeds of the several counties through which such roads shall pass.

granted

SEC. 6. The right of way upon and across all lands belong- Right of way ing to this State to a distance of one hundred feet in width, together with the right to construct and use upon such lands all turn-outs and water stations, is hereby granted to said companies, respectively, for the use of their respective roads.

SEC. 7. Immediately after the passage of this act, the Secretary of State shall cause the same to be published once in. the Topeka Tribune, and it shall thereafter be in force.

Approved, February 9, 1864.

THOMAS CARNEY,

Governor.

I hereby certify the foregoing to be a true copy of the enrolled law on file in my office, and that the same was published in the Topeka Tribune for Feb. 13, 1864.

W. W. H. LAWRENCE,

Secretary of State.

CHAPTER LXXX.

RIGHT OF WAY AND GRANT OF LAND FOR RAILROAD.

JOINT RESOLUTION granting the right of way for a railroad from Fort Leavenworth to Fort Scott, and to obtain a grant of land for the same. WHEREAS, Pursuant to a joint resolution, approved February 11, 1863, memorializing government to build a military road and line of telegraph from Fort Leavenworth to Fort Scott, it has been ascertained by government survey, made by C. G. Waite, of Leavenworth City, that the line of travel between said military posts, through the counties of Johnson, Miami, Linn and Bourbon, is more than twenty miles nearer than by way of the city of Lawrence; therefore,

Be it resolved by the Legislature of the State of Kansas:

That the President and Congress of the United States be earnestly requested to grant to the State of Kansas, for the purpose of constructing a railroad from Fort Leavenworth via the ferry at the mouth of Wolf creek, on the Kansas river, to Fort Scott, every alternate section of land, designated by even numbers, for ten sections in width on each side of said railroad; but if it should appear that the United States have, where the line of said road is definitely fixed, sold any section

or any part thereof, to be granted as aforesaid, or that the right of pre-emption or homestead settlement has attached to the same, or that the same has been reserved by the United States for any purpose whatever, then it shall be the duty of the Secretary of the Interior to cause to be selected, for the purpose aforesaid, nearest to tiers of sections above specified, so much land in even sections or parts of sections, designated by even numbers, as would be equal to such lands as the United States have sold, reserved or otherwise appropriated, or to which the rights of pre-emption or homestead settlement have attached as aforesaid, which lands thus indicated by even numbers, and selected by direction of the Secretary of the Interior, as aforesaid, shall be granted to the State of Kansas for the use and purpose aforesaid: Provided, that the lands to be so selected shall in no case be located further than forty miles from the line of said road.

Resolved, That the right of way to establish such line of railroad is hereby granted between said military posts in said State of Kansas.

any

Resolved, That the Governor be requested to forward a copy of these resolutions, together with a plat of C. G. Waite's survey of military road from Fort Leavenworth to Fort Scott, and information or statistics in relation to the feasibility of said route, to the Senators and Representatives of this State in Congress, and that they be requested to use their earnest endeavors to obtain the aforesaid grant of land to aid in the construction of said railroad, and urge upon Congress immediate action in the premises.

Approved, February 17, 1864.

THOMAS CARNEY,

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Governor.