Chapter XLV. *granting the Right of Way to the State of Missouri, and a Portion of the Public Lands, to aid in the Construction of certain Railroads in said State.*June 10, 1852. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Right of way through
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Chap. XLV.— An Act *granting the Right of Way to the State of Missouri, and a Portion of the Public Lands, to aid in the Construction of certain Railroads in said State.*June 10, 1852. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Right of way through the public lands granted to Missouri for railroads, and also right to take materials, &c.That the right of way through the public lands be, and the same is hereby granted to the Stale of Missouri, for the construction of railroads from the town of Hannibal to the town of St.
Joseph, in said State, and from the city of St. Louis to such point on the western boundary of said State as may be designated by the authority of said State, with the right also to take necessary materials of earth, stone, and timber for the construction thereof, from the public lands of the United States adjacent to said railroads: Proviso as to amount to be taken.*Provided,* That in locating the railroads aforesaid, and assigning the limits to the casement, no more land shall be taken from the United States than is necessary for a convenient construction and use of said roads as public ways for transportation, including stations, with the usual buildings of all kinds, turnouts and such other appurtenances as are Copy of location to field.usually enjoyed by railroad companies, and a copy of the location of said roads, made under the direction of the Legislature, shall be for-9THIRTY-SECOND CONGRESS.
Sess. I. Ch. 45. 1852.warded 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, to be recorded. Sec. 2. *And be it further enacted,* That there be, and is hereby Grant of lands to Missouri in aid of said ruil roads.granted to the State of Missouri, for the purpose of aiding in making the railroads aforesaid, every alternate section of land designated by even numbers, for six sections in width on each side of said road; but in case it shall appear that the United States have, when the line or route of said roads, or either of them, shall be definitely fixed by the authority aforesaid, sold any section or any part thereof granted as aforesaid, or that the right of preemption lias 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 of the Secretary of the Interior, 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, thus selected in lieu of those sold, and to which preemption rights have attached as aforesaid, together with the sections and parts of sections designated by even numbers as aforesaid, and appro-priated as aforesaid, shall be held by the State of Missouri for the use and purpose aforesaid: *Provided,* That the lands to be so located shall in Provisos.no case be further than fifteen miles from the line of the road in each case: *Provided further,* That the lands hereby granted shall be exclusively applied in the construction of that road for which it was granted and selected, and shall be disposed of only as the work progresses, and the same shall be applied to no other purpose whatsoever: *And provided further,* That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other 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 route of the said railroads through such reserved lands; in which case the right of way only shall be granted.
Sec. 3. *And be it further enacted,* That the sections and parts of The minimum price of the sections not granted doubled.sections of land which, by such grant, shall remain to the United States, within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands when sold; which lands shall from time to time be offered at public sale to the highest bidder, under the direction of the Secretary of the Interior, and shall not be subject to entry until they shall have been so offered at public sale.
Sec. 4. *And be it further enacted,* That the said lands hereby The granted lands to be applied to no other purpose, and the railroads to be free to the use of the U.S.granted to the said State shall be subject to the disposal of the legislature thereof, for the purposes aforesaid, and no other; and the said railroads shall be and remain public highways 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 toHow the graned lands are to be disposed of. said State shall be disposed of by said State only in manner following, that is to say: that a quantity of land not exceeding one hundred and twenty sections on each road, and included within a continuous length of twenty miles of said road, may be sold; and when the Governor of said State shall certify to the Secretary of the Interior, that said twenty miles of said road is completed, then another like quantity of land hereby granted may be sold; and so from time to time, until said road is completed; and if said road be not completed within ten years, no 10THIRTY-SECOND CONGRESS.
Sess. I. Ch. 46, 49, 51. further sales shall be made, and the land unsold shall revert to the United States. Sec. 6. *And be it further enacted,*The mail to be transported at such prices as Congress shall fix. That the United States mail shall at all times be transported on said railroads under the direction of the Post-Office Department, at such price as Congress may by law direct. Approved, June 10, 1852.