to a vacancy in the special committee on the Pacific railroad. This action, though not entirely complimentary to the new member, was beneficial to the railroad; for the reason that it turned all the time and zeal of one of the most energetic and effective legislators of the day into the one channel, and insured an advocate whom nothing could disconcert or weary. Very early in the session, after getting up a bill, Sargent introduced it into the house. It was referred to the Pacific railroad committee; but for a month or so it seemed impossible to accomplish anything. At length in January, 1862, while the house was discussing the state of the Union in committee of the whole, Sargent obtained the floor and, to the surprise of nearly everybody, instead of devoting himself to the prevailing topic of the day, delivered a speech in favor of the railroad. His remarks were so well put and forcibly urged as to draw attention to the subject, with the result that a meeting of the committee was almost immediately called and a determination reached to report favorably. On motion of Sargent, a subcommittee to prepare a new bill was appointed; but the main work of its preparation fell upon himself. There were by that time several bills before congress-all of them contemplating the building of the entire road from the Missouri to the Pacific by one company, except what was known as the Rollins bill which provided for two companies. This plan was adopted by Sargent-giving one end of the road to the east and the other end to the west. Various imperfections in the Rollins bill were remedied and changes made, so that the new bill consisted of what were regarded as the best parts of the other bills and comprised the supposed principal merits of all; and it met with general approval from the committee.

As soon as McDougall learned the action of the house committee, he called a meeting of the senate committee; adopted the Sargent bill, and reported it to the senate; and a few days afterwards the house committee reported the same bill to the house. There was, as was to have been expected, considerable opposition and hostility on the part of the advocates of some of the other bills; but, with Sargent in the house and McDougall in the senate, the new bill successfully passed the committees to

which it was referred under the rules; and, though there had been no joint meeting or agreement of the committees, they reported in the same favorable way-it being the first time they had ever acted in unison upon the same bill. This important and significant concurrence was possibly, and indeed very probably, brought about by the fact that the excellent and efficient Judah had managed to become appointed secretary of the senate committee and as such had charge of all its records and papers, was present at all its meetings, and enjoyed the privilege of the floor of the senate; while on the other hand, on motion of Sargent, he was also appointed clerk of the house committee and, besides being present at its meetings, had the privilege of the floor of the house likewise. After the bill was thus reported, some modifications were made to reconcile a few conflicting interests; and the measure came up for final action-first in the house, where on May 6, 1862, after a bitter struggle, it passed by a vote of seventy-nine yeas to forty-nine nays. On the next day, the bill as passed was transmitted to the senate, where on June 20, after another struggle almost as violent as in the house and the insertion of some alterations by way of amendments, it finally passed by a vote of thirty-five yeas to five nays. From the senate it went back to the house. On June 24, as it was thought best not to risk further controversy, the senate amendments were concurred in by the house; and on July 1, 1862, the bill was approved by President Lincoln and became a law.'

The act, thus passed in 1862, was entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean and to secure to the government the use of the same for postal, military and other purposes." It commenced with incorporating the Union Pacific Railroad Company; authorized and empowered it to lay out, locate, construct, maintain and enjoy a continuous railroad and telegraph, from a point on the one hundredth meridian of longitude west from Greenwich between the south margin of the Republican river valley and the north margin of the Platte river valley in the territory of Nebraska to the western boundary of the territory of Nevada, and provided for the opening of books for the sub'Judah's Report of September 1, 1862.

scription of its capital stock which was to consist of one hundred thousand shares of one thousand dollars each and of which no one person was to own more than two hundred shares. It next conferred the right of way to the extent of two hundred feet on each side of the middle line of the road, including all necessary grounds for stations and buildings, and then granted five alternate sections of public land per mile on each side of the road, or all the odd sections within the limits of ten miles on each side, which had not been sold, reserved or otherwise disposed of or to which a pre-emption or homestead claim had not attached, and excepting also all mineral lands but giving the timber on such lands. The act further provided that, upon the completion and equipment of each forty consecutive miles of said railroad and telegraph, the United States secretary of the treasury should issue to the company United States bonds of one thousand dollars each, falling due in thirty years and bearing interest at the rate of six per cent per annum payable semi-annually, to the amount of sixteen bonds per mile; that said bonds should constitute a first mortgage upon the whole line of railroad and telegraph with all its stock and property of every kind, and that the company should pay or redeem such bonds at maturity, and on default thereof forfeit said railroad and telegraph to the United States.

It next provided that the Leavenworth, Pawnee and Western Railroad Company of Kansas might construct a railroad and telegraph line from the Missouri river at the south side of the mouth of the Kansas, to connect with the Union Pacific road, on the same terms and conditions. And it then provided that the Central Pacific Railroad Company of California might construct a railroad and telegraph line from the Pacific coast at or near San Francisco or the navigable waters of the Sacramento river to the eastern boundary of California upon the same terms and conditions, but requiring each company to file an acceptance of the conditions named in the office of the United States secretary of the interior within six months. Provision was next made for the construction of the road across the territories by any one of the companies, if not constructed by another, on the same terms. But, in consideration of the extraordinarily mountainous and difficult character of the country for one hundred and fifty miles

westwardly from the eastern base of the Rocky mountains and for one hundred and fifty miles eastwardly from the western base of the Sierra Nevada mountains, the bonds to be issued to the company constructing the same were to be three times the number provided for other portions of the road, or forty-eight thousand dollars per mile; and they were to be issued and the lands granted were to be set apart upon the completion of every twenty miles of such portions of the road; and, for the intermediate country between the Rocky and Sierra Nevada mountains, the bonds should be doubled, or at the rate of thirty-two thousand dollars per mile. The track of all the roads was to be of uniform gauge, which was afterwards fixed at four feet eight and a half inches. Provision was also made for connections with other roads; for a limit of time within which the roads should be built, being two years for the first one hundred miles and one year for each additional one hundred miles of the Union Pacific and half these distances for the Central Pacific, and for forfeiture in case of failure to complete in accordance with the act.'

As soon as the bill was passed, Judah prepared and filed in the office of the secretary of the interior a map and designation of the route of the Central Pacific railroad through California; whereupon, as provided in the act, lands to the distance of fifteen miles on each side of the route were withdrawn from private enterprise, emption or sale. He then proceeded to New York and began making provisional contracts for iron and equipments for the first fifty miles of the road. On July 21, having successfully accomplished the object of his mission, he took the steamer from New York-carrying with him a testimonial from a large number of the senators and representatives in congress, thanking him for his assistance in aiding the passage of the bill, assuring him that his examinations and surveys had settled the question of the practicability of the route and enabled many of them to vote confidently on the great measure, and bearing witness to the value and effectiveness of his indefatigable exertions and intelligent explanations. He had indeed succeeded admirably; and, so far as seen, his success was due almost entirely to himself and U. S. Stats. 1861-2, 489.

*Judah's Report of September 1, 1862.

without soiling his hands or leaving a stain upon his name. Upon his return, he called attention to the various advantages thus secured, especially the liberal loan by the United States of its bonds amounting to an aggregate of six millions of dollars for thirty years, the great prospective value of the land grants, the right to extend the road from Sacramento to San Francisco, and, most important as he thought of all, the right to continue the construction of the road and telegraph from the California boundary line until it should connect with the Union Pacific railroad and telegraph coming from the east; and he particularly urged the importance of continuing the surveys eastwardly at least as far as Salt Lake-at the same time expressing a positive opinion of the advisability of undertaking the construction of at least three hundred miles of the road easterly from California. He also gave an account of the business which the road could rely on in California and what it would undoubtedly secure from Washoe, together with the revenue it might expect to receivevery clearly showing the most unexpected and extraordinary results, unlike those of any other road ever built except that over the isthmus at Panama.'

The commencement of construction or "breaking of ground" of the Central Pacific railroad, as has already been stated, took place at the corner of Front and K streets in the city of Sacramento on January 8, 1863,-the first shovelful of earth being moved by Stanford, president of the railroad company, the day after his inauguration as governor, in the presence of a large and enthusiastic concourse of people including legislators, judges and other state officers. From that time the work progressednot so rapidly as was desired, but more rapidly than many expected. Notwithstanding the prospective fortune of the company in bonds and lands, it was difficult to raise money; capitalists were timorous of investing in an enterprise considered more or less uncertain and at a time when the civil war was still pending and the finances of the country greatly deranged. Nevertheless, Huntington, Stanford, Crocker and Hopkins plunged into the work, and in a short time found out what part each was specially fitted to carry on. Huntington became financial agent 'Judah's Report of October 22, 1862.