Chapter CCLXI. granting a Right of Way to the Utah, Idaho, and Montana Railroad Company
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CHAP. CCLXI.— An Act granting a Right of Way to the Utah, Idaho, and Montana Railroad Company.June 1, 1872. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That for the purpose of enablingRight of way through public lands granted to the Utah, Idaho & Montana R. R. Co., for railroad and telegraph purposes.Corporation legalized; the Utah, Idaho, and Montana Railroad Company, a corporation organized under the Laws of the Territory of Utah, which said organization is hereby legalized and made valid, to build and extend their line by way of Malade River and Snake River valleys, through Utah, Idaho, and Montana Territories, to a connection with the Northern Pacific railroad, or with the Helena and Utah Northern railroad, by the most eligible route, to be selected by said company, the right of way to the extent of one hundred feet in width on each side of the centre of said road, through the public lands, be, and the same is hereby, granted to said company, their successors and assigns, for the construction of a railroad and telegraph from Corinne city, Utah Territory, to the Northern Pacific railroad, or to said Helena and Northern Utah railroad, as said company may elect, together with the right to increase their capital stock in proportion to the increased length of theirmay increase its capital stock; line by resolution of their board of directors, and the filing with the auditor of public accounts of Utah of an additional certificate setting forth said increase, and to take from the public lands adjacent to the line of said road material of earth, stone, timber, and water for the construction and maintenancemay take materials, &c., from public lands, &c. thereof, and the necessary ground for station-buildings, workshops, depots, machine-shops, switches, side-tracks, turn-tables, and water-stations, not exceeding twenty acres for every ten miles of the main line of said road: *Provided,* That no private property shall be taken for the use of said companyNo private property to be taken except by, &c.1864, ch. 216, § 3.Vol. xiii. p 357.1862, ch. 120.Vol. xii. p. 489. except in manner prescribed by the laws of Utah Territory, or by section three of an act entitled “An act to amend ‘An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the government the use of the same for postal, military, and other purposes,’ approved July first, eighteen hundred and sixty-two,” approved July second, eighteen hundred and sixty-four.
Sec. 2. That said company shall be, and they are hereby, authorizedCorporation may mortgage its road, &c., for not over, &c., and issue bonds. and empowered to mortgage, in the usual manner, their franchise, road-bed, and all property belonging to said company, to an amount not exceeding thirty thousand dollars per mile for the entire length of said road, upon such terms as may seem to them best; and upon said mortgage may issue mortgage-bonds, not to exceed thirty thousand dollars per mile: *Provided,*Proviso.
That in no case shall the United States be responsible for said bonds. Sec. 3. That the rights herein granted shall not preclude the constructionOther roads may be built through any defile on the route of this road. of other roads through any canyon, defile, or pass on the route of said road; nor shall any thing herein contained be construed as recognizing or denying the authority of the governor and legislature of Utah Territory to create railroad corporations. Sec. 4. That said company shall locate said railroad and telegraph lineRoad when to be located and completed. within eighteen months from the passage of this act, and shall complete the same within ten years thereafter, failing in which this act shall be null and void.
Sec. 5. That Congress hereby reserves the right to alter, amend orAct may be altered, &c.213FORTY-SECOND CONGRESS. Sess. II. Ch. 261, 262. 1872. repeal this act at any time, having due regard to the rights of said company. Approved, June 1, 1872.