Chapter LIX. Granting the Right of Way and Making a Grant of Land to the States of Arkansas and Missouri, to Aid in the Construction of a Railroad from a point on the Mississippi, opposite the mouth of the Ohio River, via Little Rock, to the Texas Boundary near Fulton, in Arkansas, with Branches to Fort Smith an
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Chap. LIX.— An Act Granting the Right of Way and Making a Grant of Land to the States of Arkansas and Missouri, to Aid in the Construction of a Railroad from a point on the Mississippi, opposite the mouth of the Ohio River, via Little Rock, to the Texas Boundary near Fulton, in Arkansas, with Branches to Fort Smith and the Mississippi River. Feb. 9, 1853. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Grant of right of way to Arkansas and Missouri for a railroad.
That the right of way through the public lands be and the same is hereby granted to the States of Arkansas and Missouri, for the construction of a railroad from a point on the Mississippi River, opposite the mouth of the Ohio, in the State of Missouri, via Little Rock, to the Texas boundary line near Fulton, in Arkansas, with branches from Little Rock, in Arkansas, to the Mississippi River and to Fort Smith, in said State, with the right to take necessary materials of earth, stone, timber, etc., for the construction thereof: *Provided*, That the right of way shall not exceed one hundred feet on each side of the length thereof, and a copy of the survey of said road,Extent of right.
Copy of survey to be filed. made under the direction of the Legislatures of the said States, shall be forwarded to the proper local land offices respectively, and to the General Land Office at Washington city, within ninety days after the completion of the same. 156 Sec. 2. *And be it further enacted*, That there be and is hereby granted Grant of land to said States in aid of such railroad.to the States of Arkansas and Missouri, respectively, for the purpose of aiding in making the railroad and branches as aforesaid, within their respective limits, every alternate section of land designated by even numbers, for six sections in width on each side of said road and branches; but in case it shall appear that the United States have, when the line or route of said road is definitely fixed by the authority aforesaid, sold any part of any section hereby granted, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the Governor of said State, to select, subject to the approval aforesaid, from the lands of the United States most contiguous to the tier of sections above specified, so much land in alternate sections or parts of sections as shall be equal to such lands as the United States have sold, or to which the right of preemption has attached as aforesaid, which lands, being equal in quantity to one half of six sections in width on each side of said road, the States of Arkansas and Missouri shall have Provisos.and hold to and for the use and purpose aforesaid: *Provided*, That the lands to be located shall in no case be further than fifteen miles from the line of the road: *And provided further*, That the lands hereby granted Purpose to which the granted land is to be applied.Reserved lands excepted from said grant.shall be applied in the construction of said road, and shall be disposed of only as the work progresses, and shall be applied to no other purpose whatsoever: *And provided further*, That any and all lands reserved to the United States by any act of Congress, for the purpose of aiding in any object of internal improvement, or in any manner for any purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of the said railroad and branches through such reserved lands.
Sec. 3. *And he it further enacted*, That the sections and parts of Price of sections not granted to be doubled.sections of land which by such grant shall remain to the United States within six miles on each side of said road, shall not be sold for less than double the minimum price of the public lands when sold. Sec. 4. *And be it further enacted*, That the said lands hereby granted Lands granted to be appropriated to said purpose.No charge to be made to the United States for transportation of property or troops.How said lands may be disposed of.to the said States shall be subject to the disposal of the Legislatures thereof, for the purposes aforesaid and no other; and the said railroad and branches shall be and remain a public highway for the use of the Government of the United States, free from toll or other charge upon the transportation of any property or troops of the United States.
Sec. 5. *And be it further enacted*, That the lands hereby granted to said States shall be disposed of by said States only in the manner following; that is to say, that a quantity of land not exceeding one hundred and twenty sections, and included within a continuous length of twenty miles of said road, may be sold; and when the Governors of said State or States shall certify to the Secretary of the Interior that twenty continuous miles of said road is completed, then another like quantity of Unsold lands to revert if the railroad is not completed in ten years.land hereby granted may be sold; and so from time to time until said road is completed; and if said road is not completed within ten years, no further sales shall be made, and the land unsold shall revert to the United States.
Sec. 6. *And be it further enacted*, That the United States Mail shall Mail to be transported at such prices as Congress shall direct.at all times be transported on the said road and branches, under the direction of the Post-Office Department, at such price as Congress may by law direct. Approved, February 9, 1853.