Chapter LXXIX. *making a Grant of Lands to the State of Minnesota, to aid in the Construction of the Railroad from Saint Paul to Lake Superior.* May 5, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Lands granted to Minnesota for a railroad
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Chap. LXXIX.— An Act *making a Grant of Lands to the State of Minnesota, to aid in the Construction of the Railroad from Saint Paul to Lake Superior.* May 5, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Lands granted to Minnesota for a railroad from Saint Paul to head of Lake Superior. That there be, and there is hereby, granted to the state of Minnesota for the purpose of aiding in the construction of a railroad in said state from the city of Saint Paul to the head of Lake Superior, every alternate section of public land of the United States, not mineral, designated by odd numbers, to the amount of five alternate sections per mile on each side of the said railroad on the line thereof, within the state of Minnesota; but in case it shall appear that the United.
States have, when the line or route of said road is definitely fixed, Reserved or preempted lands.sold, appropriated, reserved, or otherwise disposed of any sections, 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 select from the lands of the United States nearest to the lines of sections above specified, in alternate sections or parts thereof, so much public land of the United States, not mineral, as shall be equal in amount to such lands as the United States have sold or otherwise appropriated, or to which the rights of preemption or homestead settlement may have attached, as aforesaid; which lands thus selected in lieu of those sold, reserved, or otherwise appropriated or disposed of, or to which the rights of preemption or homestead settlement may have attached, as aforesaid, together with the sections and parts of sections designated as aforesaid, and appropriated as aforesaid, shall be held and disposed of by Land not to be located more than twenty miles from the road.Lands granted, how to be applied.the said state for the use and purpose aforesaid: *Provided,* That the land to be so selected shall in no case be located farther than twenty miles from the lines of said road: *And provided, further,* That the lands hereby granted for and on account of said road shall be exclusively applied in the construction of the same, and for no other purpose whatever, and shall be disposed of only as the work progresses through the same, as in this act Not to be applied to certain roads.hereinafter provided: *Provided, also,* That no part of the land granted by this act shall be applied to aid in the construction of any railroad, or part thereof, for the construction of which any previous grant of land may have Former reservations not within this act.been made by congress: *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 operations of this act, except so far as it may be found necessary to locate the route of the said road through such reserved lands; in which case the right of way only shall be granted, subject to the approval of the President Minimum price of the lands not granted.of the United States: *Provided, further,* That the minimum price of the even sections and parts of sections of the public lands of the United States, within the limits of ten miles on each side of the line of said road, shall be two dollars and fifty cents per acre.
Sec. 2. *And be it further enacted,* That whenever said state shall 65cause to be completed twenty consecutive miles of any portion of saidPatents for the granted lands, when and how to issue. railroad, supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turn-outs, watering-places, depots, equipments, furniture, and all other appurtenances of a first-class railroad, patents shall issue conveying the right and title to said lands to said state, on each side of the road, as far as the same is completed, and coterminous with said completed section, not exceeding the amount aforesaid, and patents shall in like manner issue as each twenty miles of said road is completed: *Provided, however,* That no patents shall issue for any of said lands unless there shall be presented to the Secretary of the Interior a statement, certifiedCertificate of governor of Minnesota. by the governor of the state of Minnesota, that such twenty miles have been completed in the manner required by this act, and setting forth with certainly the points where such twenty miles begin and where the same end.
Sec. 3. *And be it further enacted,* That when the said road shall beLands granted, when not to be subject to preemption, &c. definitely located, and a plat thereof filed with the Secretary of the Interior, the lands hereby granted shall not thereafter be subject to settlement, preemption, or private entry adverse to this grant. Sec. 4. *And be it further enacted,* That the said state, in addition to theRight of way over public lands. grant heretofore mentioned, is hereby authorized to locate the said road over any public lands of the United States, not otherwise appropriated, reserved, or disposed of, and that the right of way over said lands of the United States for the purpose aforesaid is hereby granted to said state to the width of one hundred feet on each side of said road as located.Width.
Sec. 5. *And be it further enacted,* That the said lands hereby grantedLands to be used only for purposes of roads. when patented to said state, shall be subject to the disposal of said stale for the purposes aforesaid, and for no other; and the said railroad shall be and. remain a public highway for the use of the government of theRoad to be public highway. United States, free from all toll or other charge, for the transportation of any properly or troops of the United States.
Sec. 6. *And be it further enacted,* That if said road is not completedRoad to be completed within eight years, if not, lands to revert. within eight years from the Lime of the passage of this act. as provided herein, no further patents shall be issued for said lands, and no further sale shall be made, and the lands unsold shall revert to the United States. Sec. 7. *And be it further enacted,* That the United States mail shallMails to be carried at such price as congress directs, &c. be transported over said road, under the direction of the Post-Office Department, at such price as congress may by law direct: *Provided*, That until such price is fixed by law the Postmaster-General shall have the power to determine the same.
Sec. 8. *And be it further enacted,* That any railroad which may hereafterCertain railroads hereafter constructed may connect with this. be constructed from any point on the Bay of Superior, in the state of Wisconsin, shall be permitted to connect with the said railroad, for the construction of which the said lands are hereby granted, at any point which may be selected by the president and directors of said railroad company so permitted to connect their said road, and the said railroad company so permitted to connect shall have the right and privilege to trans-port, or have transported, over the track of said railroad, for the construction of which the said Ends are hereby granted, all or any of its ears, passengers, or freights, and the said railroad company controlling theThis railroad may connect with those. said road, for the construction of which the said lands are hereby granted, shall have the same right and privilege to transport or have transported all or any of its cars, freights, or passengers over the track of the said railroad of the company so permitted to connect, and said transportation shall be paid by the railroad company using, to the railroad company according the same, at the usual rates or charges which may be imposed by the said company upon all other cars, freights, or passengers.
Approved, May 5, 1864. Chapter LXXX: granting Lands to aid in the Construction of certain Railroads in the State of Wisconsin. 13 Stat. 66 1864-05-05 Chapter LXXX Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-27 38 2 public 66 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 80. 1864.