Chapter CLIII. *granting Lands to the State of Wisconsin to build a Military Road to Lake Superior.* June 25, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That there be, and is hereby, granted to the State of Wisconsin, to aid in the constr
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Chap. CLIII.— An Act *granting Lands to the State of Wisconsin to build a Military Road to Lake Superior.* June 25, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That there be, and is hereby, granted to the State of Wisconsin, to aid in the construction of a militaryLands granted to Wisconsin for military wagon-road. wagon-road from Wattsaw, Marathon County, Wisconsin, following the Wisconsin River as far as Skonowang, and from thence, on the most feasible and direct route, to a point on the state line between the States of Wisconsin and Michigan, in a direction leading to Ontonagon, on Lake Superior, every alternate section of public land, not mineral, designatedMineral lands not granted. by odd numbers, for three 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 road is definitely fixed, sold, reserved, or otherwise disposed of any section, or any part thereof, granted as aforesaid, or that the right of preemption or homestead settlement has attached to the same, then it shall be the duty of the Secretary of the Interior to set apart from theLanda to be granted in lieu of those previously disposed of. public lands of the United States, as hereinbefore described, designated by odd numbers, as near to said even section aforesaid as may be. and the same shall be located within six miles of said road, so much land as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the right of preemption or homestead settlement has attached; which lands, (thus selected in lieu of those sold, reserved, or otherwise appropriated, and to which the right of preemption or homestead settlement has attached as aforesaid) together with the sections and parts of sections designated by odd numbers as aforesaid, and approved as aforesaid, shall be held by the State of Wisconsin for the use and purpose aforesaid: *Provided*, That the lands hereby granted shall be exclusivelyLands, how to be applied. applied in the construction of that road for and on account of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no other purpose whatever: *Provided, further*, That any and all lands heretofore reserved to the UnitedFormer grants not affected hereby.
States, or granted 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 and excluded from the operation of this act, except so far as it may be found necessary to locate the route of said road through such reserved lands, in which case the right of way only shall be granted. Sec. 2. *And be it further enacted*, That the said lands hereby granted to the said state shall be subject to the disposal of the legislature thereof,State legislature to dispose of lands.Road to be highway, &c. for the purposes aforesaid and no other; and the said road shall be, and remain, a public highway for the use of the government of the United States, free from tolls or other charge upon the transportation of any property, troops, or mails of the United States.
Sec. 3. *And be it further enacted*, That the lands hereby granted toLands, how only to be disposed of. said state shall be disposed of only in the following manner—that is to say, when the said governor shall certify to the Secretary of the Interior that184THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 153, 154, 155. 1864. any ten consecutive miles of said road has been completed under the provisions of this act, and in accordance with the fourth section of this act, stating definitely where said completed section of road commences and where it terminates, it shall be the duty of the said secretary to cause patents to issue to said state for three sections of land for each mile of road thus completed as aforesaid, and so on until the whole of said road Patents not to be granted until ten miles of road are completed, &c.is completed: *Provided, further*, That no patent shall be given for any of the aforesaid lands before the completion of ten consecutive miles of road, or for any road, or for any part of any road, made before the passage of this act, or for any greater quantity than thirty sections for each ten miles completed according to the provisions of this act; and if said road is not Lands to revert, if, &c.completed within five years, no further sales shall be made, and the lands unsold shall revert to the United States.
Sec. 4. Road, how to be constructed.*And be it further enacted*, That said military road shall be constructed under the direction of such agents or commissioners as the governor of said state may appoint, and where it passes through timbered lands shall be chopped out a uniform width of at least six rods. The road-bed proper to be not less than thirty-two feet wide, and constructed with ample ditches on both sides, so us to afford sufficient drains, with good and substantial bridges and proper culverts and sluices where necessary.
All stumps and roots to be thoroughly grubbed out between the ditches the entire length of said road; the central portion of which to be sufficiently raised to afford a dry road-bed by means of drainage from the centre to the side ditches; the hills to be levelled and valleys raised so as to make as easy a grade as practicable. Approved, June 25, 1864.