Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 468.
(No Report.)
IN THE HOUSE OF REPRESENTATIVES.
May 3, 1848.
Read twice, and committed to the Committee of the Whole House on
the state of the Union.
Mr. McClelland, from the Select Committee, to which the
subject was referred, reported the following bill:
A BILL
To set apart and sell to Asa Whitney, of New York, a portion
of the public lands, to enable him to construct a railroad
from Lake Michigan to the Pacific Ocean.

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11 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That Asa Whitney, of the city of New York,
and his successors and assigns, are hereby authorized to
construct a railroad from any point he may designate,
upon Lake Michigan, or the Mississippi river, at his or
their option, through the public lands belonging to, and
under the jurisdiction of the United States, on a line as
nearly straight as the face of the country will admit, and
where the streams can be bridged, to some point on the
Pacific ocean, where a suitable harbor may be had, under

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23 the conditions hereinafter specified and stipulated by this
act.
Sec. 2. And be it further enacted, That all the
lands belonging to, or claimed by the United States for
thirty miles wide, or five full townships of six miles each,
on each side of the line of the said road, and for any and
all of what may have been sold before this act, and equiva-
lent number of acres of other government lands, to make
up full the thirty miles on each side of said road, is hereby
set apart and sold to the said Whitney, under the condi-
tions hereinafter declared, to enable him from the sale and
settlement of said lands to construct a railroad, from either
of the points aforesaid, to the Pacific ocean. And so soon
as the said Whitney may have designated, located or
fixed upon the route for said road, then all the lands for
the thirty miles wide on each side, with the equivalent, as
hereinbefore named, shall be, and is hereby, withdrawn
from sale or settlement by the government, and is set
apart, sold, and held for the especial purposes of, and sub-
ject only to the conditions of this act. And the said
Whitney is hereby authorized (so soon as the route for
said road, or any part thereof may have been by him
located,) to select the equivalent acres, as before named,
for what may have been sold or taken up, out of any lands
belonging to the United States in any territory or State.

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17 Sec. 3. And be it further enacted, That, in locating
said route, two hundred feet in width for the entire length
of the road shall be appropriated expressly for said road,
its stations, buildings, workshops, turnouts, &c., necessary
for its complete operation, and shall be forever reserved
for the especial purposes herein named, and never
transferable, or subject to sale, by the said Whitney, his
heirs or assigns, for any other purpose.
Sec. 4. And be it further enacted, That no part of
the lands named in this act shall be applied under the
authority of this act, except under the following terms and
conditions, to wit: Said Whitney shall first survey, fix
upon, and locate the route for said road to a suitable
bridging place on the Mississippi, if the road commence
on or near Lake Michigan, or to such greater distance as
shall be necessary to secure the land for the purpose afore-
said. He shall also commence the work with machinery,
preparations, and arrangements for its continuance, and
complete ten miles of road, according to the best plan of
construction of railroad in the United States of the present
day, with a single track on a gauge or width of not less
than six feet apart, and with an iron rail of not less than
sixty-four (64) pounds to the yard, at his own expense, and
to the satisfaction of the commissioner hereinafter named,
that this act has been fully complied with, and that said

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42 work is being continued, then the said Whitney shall have
a right to dispose of and sell, for his own use and benefit,
one-half in length, or five miles thirty miles wide on each
side of said road so finished, with the equivalent as herein-
before named, and upon the certificate of the said commis-
sioner hereinafter named, that this act has been complied
with, the Commissioner of the General Land Office shall
cause patents to be issued the same as for lands sold by the
government; said patents to be delivered to the said Whit-
ney for the purchasers under contracts by and with him
and them, and the title shall be the same as if they had pur-
chased directly from, and paid to, the government for the
lands. The other half, or five miles by thirty wise on each
side of said road, with the equivalent as before named, shall
be held by the government, as a fund to be applied to the
construction of said road through poor or unavailable lands,
inadequate to that purpose, and subject to sale only as
hereinafter declared; and the road with all its machinery
shall also be held as a security for the payment for the
lands hereby sold to the said Whitney for the purpose
aforesaid, and that the works will be continued. And in
like manner for eight hundred miles of said route, or so
far as the one-half or alternate five miles by thirty wide,
on each side of said road, will sell and produce means
sufficient to construct the ten miles of road with the neces

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9 sary bridges, buildings, and machinery for its operation.
And beyond the available lands, and all on to the ocean,
when the said Whitney shall have, from time to time, com-
pleted ten miles of road, and the entire ten miles of land
by thirty wide on each side will not sell and furnish means
to reimburse for the actual outlay, then, upon the certifi-
cate from the commissioner hereinafter named, that this
act has been fully complied with, the said Whitney shall
be, and is hereby, authorized to demand a sale of the
reserved lands, or such part thereof as may be necessary
to supply the deficiency, which sale shall take place as
hereinafter declared; and the said Whitney shall receive,
direct from the proceeds of such sale, sufficient to reim-
burse for his actual outlay, and the balance, if any, after
deducting the expenses of said sale, shall be paid into the
treasury by said commissioner as hereinafter declared.
Sec.. 5. And be it further enacted, That the one-half
or alternate five miles by thirty miles wide of good lands,
which is by this act held to create a fund to aid in the
construction of the road through the unavailable lands as
aforesaid, shall be sold only as is actually demanded by this
act, for and with the progress of the road, or as the said
lands may be demanded for actual settlement, which shall
be decided upon by the said commissioner hereinafter
named, by and with the advice and consent of the said

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34 Whitney. And said sale shall be at public auction, to the
highest bidder, and in lots not exceeding forty to one hun-
dred and sixty acres, (160) and under the direction of said
commissioner; said sale shall take place at the town or
settlement nearest to the land for sale; and said commis-
sioner shall cause at least six months’ notice to be given
before said sale, in the two principal newspapers published
at the city of Washington; the expenses thereof, as also
that attending the sale, shall be paid from the proceeds of
said sale, which sale shall be for cash only, twenty (20) per
cent of which to be paid at the day of sale, and the balance
on delivery of the patents, thirty days after; any or
all purchasers neglecting to pay the balance on the day
named for the delivery of the patents, shall forfeit the
twenty per cent, and the sale made void; and the proceeds
of any and all such sales, after deducting all necessary ex-
penses, shall be paid into and held in the treasury of the
United States, to be drawn for by the said Whitney as
may be wanted to continue and complete said road, but
never except under the certificate from said commissioner
that this act has been fully complied with; said fund shall
be held in the treasury only as in trust for this work, and
in no way considered as belonging to the treasury of the
United States, while this work is being carried out, and
subject only to this act.

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3 Sec. 6. And be it further enacted, That should
any of the lands named in the fourth section of this act,
which the said Whitney is authorized by said fourth sec-
tion to sell for his own use and benefit, remain unsold for
ten years after said road shall have been completed through
them, then all and any of said lands shall be sold at public
auction, in same manner as specified in the fifth section of
this act; but the proceeds of all such sales, after deduct-
ing the necessary expenses, shall belong to, and be the
property of the said Whitney, his heirs and assigns, and the
Commissioner of the General Land Office shall cause
patents to issue, as before described in section four of
this act, and they shall be given to the said Whitney, and
from him to the actual purchasers, which shall be their
full and complete title from the government.
Sec. 7. And be it further enacted, That until
patents shall have issued from the General Land Office,
no titles from, or contracts made by the said Whitney,
shall be considered as binding on the government, and all
the lands remaining unpatented, shall be exempted from
taxation, as though they belonged to the government
absolutely.
Sec. 8. And be it further enacted, That after the
passage of this act, and before the entire route for said
road from the eastern terminus of said road to the Pacific

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7 ocean may have been fixed upon by the said Whitney,
should any settlements take place upon any lands within
the thirty miles wide on each side of the route, said set-
tlers shall pay, when said route may have been fixed
upon, one dollar and a quarter ($1.25) per acre for all
such lands so settled upon, and the proceeds shall be ap-
plied to the construction of said road as specified by this
act.
Sec. 9. And be it further enacted, That the said
Whitney, and his successors or assigns, shall keep said
road in repairs and operation, with turnouts, buildings,
and machinery necessary to accommodate the trade and
travel on the line to the ocean, and shall not charge tolls,
either for passengers or freight while the road is being
built, exceeding what is then charged by the principal
railroads of the United States. And the United States
mails shall be transported as freight, at no higher charge
than for merchandise.
Sec. 10. And be it further enacted, That when said
road is completed to the ocean, or so nearly that ample
security and assurance can be given that it will be done,
then the said Whitney, his successors, or assigns shall
pay, or cause to be paid to the government of the United
States, ten cents per acre for all the lands set apart and
sold by this act for this work, and all the surplus lands or

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2 moneys for lands sold under this act beyond what may be
required for the full and perfect completion of the said
road, with the necessary turnouts, stations, buildings, and
machinery, sufficient for its successful operation, shall,
with the road, buildings, machinery, and all, be the pro-
perty of, and belong to the said Whitney, his heirs and
assigns. And upon the certificate from the commissioner,
hereinafter named, that this act has been fully complied
with, then all the monies or funds in the treasury for
lands sold under this act shall be paid over to the said
Whitney, his heirs and assigns, and any lands remaining
unsold, shall remain subject to the provisions of this act,
and as security for the continued and successful opera-
tion of said road, until its nett earnings can provide for
that purpose. And when the road shall have been com-
pleted and in operation for ten years, then all the re-
maining lands embraced in this act shall be sold at auc-
tion in like manner, as specified in section fourth of this
act. Patents to issue from the General Land Office, as
specified in section sixth of this act, and the proceeds of
such sale to belong to the said Whitney, his heirs and
assigns forever.
Sec. 11. And be it further enacted, That all of that
part of the route for said road which is not within a State,

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22 but within a territory, the said road, its machinery and
appurtenances, shall be exempt from taxation, until such
territories shall become States.
Sec. 12. And be it further enacted, That the Presi-
dent of the United States by and with the assent of the
Senate, shall appoint a commissioner, whose duty it shall
be to superintend the interests of the United States in
carrying out the objects of this act; he shall see that the
road is promptly and properly constructed; that no waste
is committed upon the unsold lands, and that the objects
and intentions of this act are fairly and properly carried
out: That when the said Whitney shall have from time
to time completed the ten miles of road as hereinbefore
specified by this act, according to the best plan of con-
struction for a railroad of the present day in the United
States, on a guage of not less than six feet apart and with
and iron rail of not less than sixty-four (64) pounds to the
yard; then it shall be the duty of said commissioner, and
he is hereby authorized to grant his certificate of satisfac-
tion to the said Whitney, that this act has been complied
with. But should a disagreement arise between the said
commissioner and the said Whitney, relative to the manner
of the construction of said road or any part thereof, such
disagreement shall be referred to two competent engineers,
chosen one by each party, who shall, after examining the

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47 work, declare their decision in writing, which decision so
declared, shall be final and conclusive; and the said com-
missioner is hereby authorized to act and be governed by
the same; but in case the two engineers selected as afore-
said cannot agree, then they shall select a third, and the
opinion or decision in writing of the majority shall govern
and be final; and the said commissioners shall so act.
And all and any disagreement, which may arise under this
act, relative to the construction of said road, the materials,
the machinery, its operations and progress, shall be deter-
mined in like manner. It shall also be the duty of said
commissioner to superintend, and cause due notice to be
given of all sales of the lands named in this act as herein-
before specified in different sections, relating to sales at
public auction, and it shall be his duty to report all such
sales to the General Land Office, but he shall not have
power to receive any payments for any lands sold. And
it shall be the duty of the said commissioner, to report
fully to each session of Congress, as to the manner in
which this act is being carried out, and furnish the said
Whitney with a copy of said report. Said commissioner
shall be paid a salary not exceedingper
annum, to be paid out of the proceeds of lands sold under
this act. The referees, before named in this section of this
act, shall be paiddollars per day each, for the time

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2 actually occupied in, and by the reference, and shall also
be paid out of the proceeds of lands sold under this act.
Sec. 13. And be it further enacted, That, all sales at
public auction of that portion of the lands under this act,
as described and declared in section five of this act, shall
be made under the direction of said commissioner, as de-
clared in said fifth section, together with the United States
land commissioner for the district nearest to where said
lands are located; said sale or sales to take place in same
manner as all sales at public auction of government lands,
but for terms of payment as specified in section five of
this act; and the payment for all such sales, except as
specified in sections fourth and sixth of this act, shall be
made to the receiver of public moneys for the United
States, in the district nearest to the place of sale; and
said receiver shall be responsible for, and account to, the
Treasurer of the United States for all such moneys so
received, the same as for all moneys belonging to the
United States; but he shall keep a separate and distinct
account of all such moneys, and his certificate of receipt
in duplicate shall be given to both the said Whitney and
the said commissioner, and shall be the same as if directly
from the treasury of the United States.
Sec. 14. And be it further enacted, That the Secre-
tary of the Treasury shall cause all moneys or funds re

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7 ceived under this act to be kept safely in the treasury of
the United States, for the especial purposes of this act, as
hereinbefore declared, and separately and distinctly from all
moneys or funds belonging to the United States. That he
shall report to each session of Congress an accurate ac-
count of all moneys or funds received int0, and all which
may have been paid out of the treasury; render as also
the amount in the treasury, subject to this act. And he is
hereby authorized to pay to the said Whitney, from any
funds or moneys subject to this act, from time to time, any
sum or sums which may be authorized by the certificate
from said commissioner, that this act has been compiled
with as hereinbefore declared.
Whitney is hereby permitted, if found necessary for the
construction of said road and purposes connected with it,
to cut timber, get stone, fuel, and other materials, from any
unsold government lands convenient to said road.
Sec. 16. And be it further enacted, That if, at the
expiration of two years from the passage of this act, the
said Whitney shall not have fixed upon the route from
the eastern terminus of said road, and completed the first
ten miles section of said road, as hereinbefore declared,
and is not continuing the construction of said road
beyond the ten miles so finished, then Congress shall

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7 have power to repeal this act, and the said Whitney
shall forfeit to the United States the first ten miles of
road, or all that he may have expended thereon. And all
occupants of, and settlers on said lands, under any ar-
rangement or agreement with the said Whitney, shall be
entitled to pre-emption rights, and subject to pay to the
United States, the minimum price per acre of other
government lands.
road, from the eastern terminus to the south pass in the
Rocky mountains, shall be completed at, or before the
expiration of fifteen years from the passage of this act,
and the remainder of said road from the said pass to the
Pacific ocean, shall be completed within ten years from
the expiration of the first named period.

1 2 3 4 5 6 7 8 9 10 11	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That Asa Whitney, of the city of New York, and his successors and assigns, are hereby authorized to construct a railroad from any point he may designate, upon Lake Michigan, or the Mississippi river, at his or their option, through the public lands belonging to, and under the jurisdiction of the United States, on a line as nearly straight as the face of the country will admit, and where the streams can be bridged, to some point on the Pacific ocean, where a suitable harbor may be had, under
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12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23	the conditions hereinafter specified and stipulated by this act. Sec. 2. And be it further enacted, That all the lands belonging to, or claimed by the United States for thirty miles wide, or five full townships of six miles each, on each side of the line of the said road, and for any and all of what may have been sold before this act, and equiva- lent number of acres of other government lands, to make up full the thirty miles on each side of said road, is hereby set apart and sold to the said Whitney, under the condi- tions hereinafter declared, to enable him from the sale and settlement of said lands to construct a railroad, from either of the points aforesaid, to the Pacific ocean. And so soon as the said Whitney may have designated, located or fixed upon the route for said road, then all the lands for the thirty miles wide on each side, with the equivalent, as hereinbefore named, shall be, and is hereby, withdrawn from sale or settlement by the government, and is set apart, sold, and held for the especial purposes of, and sub- ject only to the conditions of this act. And the said Whitney is hereby authorized (so soon as the route for said road, or any part thereof may have been by him located,) to select the equivalent acres, as before named, for what may have been sold or taken up, out of any lands belonging to the United States in any territory or State.
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1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17	Sec. 3. And be it further enacted, That, in locating said route, two hundred feet in width for the entire length of the road shall be appropriated expressly for said road, its stations, buildings, workshops, turnouts, &c., necessary for its complete operation, and shall be forever reserved for the especial purposes herein named, and never transferable, or subject to sale, by the said Whitney, his heirs or assigns, for any other purpose. Sec. 4. And be it further enacted, That no part of the lands named in this act shall be applied under the authority of this act, except under the following terms and conditions, to wit: Said Whitney shall first survey, fix upon, and locate the route for said road to a suitable bridging place on the Mississippi, if the road commence on or near Lake Michigan, or to such greater distance as shall be necessary to secure the land for the purpose afore- said. He shall also commence the work with machinery, preparations, and arrangements for its continuance, and complete ten miles of road, according to the best plan of construction of railroad in the United States of the present day, with a single track on a gauge or width of not less than six feet apart, and with an iron rail of not less than sixty-four (64) pounds to the yard, at his own expense, and to the satisfaction of the commissioner hereinafter named, that this act has been fully complied with, and that said
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18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42	work is being continued, then the said Whitney shall have a right to dispose of and sell, for his own use and benefit, one-half in length, or five miles thirty miles wide on each side of said road so finished, with the equivalent as herein- before named, and upon the certificate of the said commis- sioner hereinafter named, that this act has been complied with, the Commissioner of the General Land Office shall cause patents to be issued the same as for lands sold by the government; said patents to be delivered to the said Whit- ney for the purchasers under contracts by and with him and them, and the title shall be the same as if they had pur- chased directly from, and paid to, the government for the lands. The other half, or five miles by thirty wise on each side of said road, with the equivalent as before named, shall be held by the government, as a fund to be applied to the construction of said road through poor or unavailable lands, inadequate to that purpose, and subject to sale only as hereinafter declared; and the road with all its machinery shall also be held as a security for the payment for the lands hereby sold to the said Whitney for the purpose aforesaid, and that the works will be continued. And in like manner for eight hundred miles of said route, or so far as the one-half or alternate five miles by thirty wide, on each side of said road, will sell and produce means sufficient to construct the ten miles of road with the neces
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43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 1 2 3 4 5 6 7 8 9	sary bridges, buildings, and machinery for its operation. And beyond the available lands, and all on to the ocean, when the said Whitney shall have, from time to time, com- pleted ten miles of road, and the entire ten miles of land by thirty wide on each side will not sell and furnish means to reimburse for the actual outlay, then, upon the certifi- cate from the commissioner hereinafter named, that this act has been fully complied with, the said Whitney shall be, and is hereby, authorized to demand a sale of the reserved lands, or such part thereof as may be necessary to supply the deficiency, which sale shall take place as hereinafter declared; and the said Whitney shall receive, direct from the proceeds of such sale, sufficient to reim- burse for his actual outlay, and the balance, if any, after deducting the expenses of said sale, shall be paid into the treasury by said commissioner as hereinafter declared. Sec.. 5. And be it further enacted, That the one-half or alternate five miles by thirty miles wide of good lands, which is by this act held to create a fund to aid in the construction of the road through the unavailable lands as aforesaid, shall be sold only as is actually demanded by this act, for and with the progress of the road, or as the said lands may be demanded for actual settlement, which shall be decided upon by the said commissioner hereinafter named, by and with the advice and consent of the said
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34	Whitney. And said sale shall be at public auction, to the highest bidder, and in lots not exceeding forty to one hun- dred and sixty acres, (160) and under the direction of said commissioner; said sale shall take place at the town or settlement nearest to the land for sale; and said commis- sioner shall cause at least six months’ notice to be given before said sale, in the two principal newspapers published at the city of Washington; the expenses thereof, as also that attending the sale, shall be paid from the proceeds of said sale, which sale shall be for cash only, twenty (20) per cent of which to be paid at the day of sale, and the balance on delivery of the patents, thirty days after; any or all purchasers neglecting to pay the balance on the day named for the delivery of the patents, shall forfeit the twenty per cent, and the sale made void; and the proceeds of any and all such sales, after deducting all necessary ex- penses, shall be paid into and held in the treasury of the United States, to be drawn for by the said Whitney as may be wanted to continue and complete said road, but never except under the certificate from said commissioner that this act has been fully complied with; said fund shall be held in the treasury only as in trust for this work, and in no way considered as belonging to the treasury of the United States, while this work is being carried out, and subject only to this act.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 6 7 1 2 3	Sec. 6. And be it further enacted, That should any of the lands named in the fourth section of this act, which the said Whitney is authorized by said fourth sec- tion to sell for his own use and benefit, remain unsold for ten years after said road shall have been completed through them, then all and any of said lands shall be sold at public auction, in same manner as specified in the fifth section of this act; but the proceeds of all such sales, after deduct- ing the necessary expenses, shall belong to, and be the property of the said Whitney, his heirs and assigns, and the Commissioner of the General Land Office shall cause patents to issue, as before described in section four of this act, and they shall be given to the said Whitney, and from him to the actual purchasers, which shall be their full and complete title from the government. Sec. 7. And be it further enacted, That until patents shall have issued from the General Land Office, no titles from, or contracts made by the said Whitney, shall be considered as binding on the government, and all the lands remaining unpatented, shall be exempted from taxation, as though they belonged to the government absolutely. Sec. 8. And be it further enacted, That after the passage of this act, and before the entire route for said road from the eastern terminus of said road to the Pacific
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4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7	ocean may have been fixed upon by the said Whitney, should any settlements take place upon any lands within the thirty miles wide on each side of the route, said set- tlers shall pay, when said route may have been fixed upon, one dollar and a quarter ($1.25) per acre for all such lands so settled upon, and the proceeds shall be ap- plied to the construction of said road as specified by this act. Sec. 9. And be it further enacted, That the said Whitney, and his successors or assigns, shall keep said road in repairs and operation, with turnouts, buildings, and machinery necessary to accommodate the trade and travel on the line to the ocean, and shall not charge tolls, either for passengers or freight while the road is being built, exceeding what is then charged by the principal railroads of the United States. And the United States mails shall be transported as freight, at no higher charge than for merchandise. Sec. 10. And be it further enacted, That when said road is completed to the ocean, or so nearly that ample security and assurance can be given that it will be done, then the said Whitney, his successors, or assigns shall pay, or cause to be paid to the government of the United States, ten cents per acre for all the lands set apart and sold by this act for this work, and all the surplus lands or
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8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2	moneys for lands sold under this act beyond what may be required for the full and perfect completion of the said road, with the necessary turnouts, stations, buildings, and machinery, sufficient for its successful operation, shall, with the road, buildings, machinery, and all, be the pro- perty of, and belong to the said Whitney, his heirs and assigns. And upon the certificate from the commissioner, hereinafter named, that this act has been fully complied with, then all the monies or funds in the treasury for lands sold under this act shall be paid over to the said Whitney, his heirs and assigns, and any lands remaining unsold, shall remain subject to the provisions of this act, and as security for the continued and successful opera- tion of said road, until its nett earnings can provide for that purpose. And when the road shall have been com- pleted and in operation for ten years, then all the re- maining lands embraced in this act shall be sold at auc- tion in like manner, as specified in section fourth of this act. Patents to issue from the General Land Office, as specified in section sixth of this act, and the proceeds of such sale to belong to the said Whitney, his heirs and assigns forever. Sec. 11. And be it further enacted, That all of that part of the route for said road which is not within a State,
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3 4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22	but within a territory, the said road, its machinery and appurtenances, shall be exempt from taxation, until such territories shall become States. Sec. 12. And be it further enacted, That the Presi- dent of the United States by and with the assent of the Senate, shall appoint a commissioner, whose duty it shall be to superintend the interests of the United States in carrying out the objects of this act; he shall see that the road is promptly and properly constructed; that no waste is committed upon the unsold lands, and that the objects and intentions of this act are fairly and properly carried out: That when the said Whitney shall have from time to time completed the ten miles of road as hereinbefore specified by this act, according to the best plan of con- struction for a railroad of the present day in the United States, on a guage of not less than six feet apart and with and iron rail of not less than sixty-four (64) pounds to the yard; then it shall be the duty of said commissioner, and he is hereby authorized to grant his certificate of satisfac- tion to the said Whitney, that this act has been complied with. But should a disagreement arise between the said commissioner and the said Whitney, relative to the manner of the construction of said road or any part thereof, such disagreement shall be referred to two competent engineers, chosen one by each party, who shall, after examining the
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23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47	work, declare their decision in writing, which decision so declared, shall be final and conclusive; and the said com- missioner is hereby authorized to act and be governed by the same; but in case the two engineers selected as afore- said cannot agree, then they shall select a third, and the opinion or decision in writing of the majority shall govern and be final; and the said commissioners shall so act. And all and any disagreement, which may arise under this act, relative to the construction of said road, the materials, the machinery, its operations and progress, shall be deter- mined in like manner. It shall also be the duty of said commissioner to superintend, and cause due notice to be given of all sales of the lands named in this act as herein- before specified in different sections, relating to sales at public auction, and it shall be his duty to report all such sales to the General Land Office, but he shall not have power to receive any payments for any lands sold. And it shall be the duty of the said commissioner, to report fully to each session of Congress, as to the manner in which this act is being carried out, and furnish the said Whitney with a copy of said report. Said commissioner shall be paid a salary not exceedingper annum, to be paid out of the proceeds of lands sold under this act. The referees, before named in this section of this act, shall be paiddollars per day each, for the time
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48 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2	actually occupied in, and by the reference, and shall also be paid out of the proceeds of lands sold under this act. Sec. 13. And be it further enacted, That, all sales at public auction of that portion of the lands under this act, as described and declared in section five of this act, shall be made under the direction of said commissioner, as de- clared in said fifth section, together with the United States land commissioner for the district nearest to where said lands are located; said sale or sales to take place in same manner as all sales at public auction of government lands, but for terms of payment as specified in section five of this act; and the payment for all such sales, except as specified in sections fourth and sixth of this act, shall be made to the receiver of public moneys for the United States, in the district nearest to the place of sale; and said receiver shall be responsible for, and account to, the Treasurer of the United States for all such moneys so received, the same as for all moneys belonging to the United States; but he shall keep a separate and distinct account of all such moneys, and his certificate of receipt in duplicate shall be given to both the said Whitney and the said commissioner, and shall be the same as if directly from the treasury of the United States. Sec. 14. And be it further enacted, That the Secre- tary of the Treasury shall cause all moneys or funds re
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3 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 1 2 3 4 5 6 7	ceived under this act to be kept safely in the treasury of the United States, for the especial purposes of this act, as hereinbefore declared, and separately and distinctly from all moneys or funds belonging to the United States. That he shall report to each session of Congress an accurate ac- count of all moneys or funds received int0, and all which may have been paid out of the treasury; render as also the amount in the treasury, subject to this act. And he is hereby authorized to pay to the said Whitney, from any funds or moneys subject to this act, from time to time, any sum or sums which may be authorized by the certificate from said commissioner, that this act has been compiled with as hereinbefore declared. Sec. 15. And be it further enacted, That the said Whitney is hereby permitted, if found necessary for the construction of said road and purposes connected with it, to cut timber, get stone, fuel, and other materials, from any unsold government lands convenient to said road. Sec. 16. And be it further enacted, That if, at the expiration of two years from the passage of this act, the said Whitney shall not have fixed upon the route from the eastern terminus of said road, and completed the first ten miles section of said road, as hereinbefore declared, and is not continuing the construction of said road beyond the ten miles so finished, then Congress shall
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8 9 10 11 12 13 14 15 1 2 3 4 5 6 7	have power to repeal this act, and the said Whitney shall forfeit to the United States the first ten miles of road, or all that he may have expended thereon. And all occupants of, and settlers on said lands, under any ar- rangement or agreement with the said Whitney, shall be entitled to pre-emption rights, and subject to pay to the United States, the minimum price per acre of other government lands. Sec. 17. And be it further enacted, That the said road, from the eastern terminus to the south pass in the Rocky mountains, shall be completed at, or before the expiration of fifteen years from the passage of this act, and the remainder of said road from the said pass to the Pacific ocean, shall be completed within ten years from the expiration of the first named period.