Chapter 46.
977 words·~4 min read·
/statutes-at-large/vol-20/chapter-46-119669·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 46.— AN ACT to authorize the Worthington and Sioux Falls Railroad Company to extend its road into the Territory of Dakota to the village of Sioux Falls.April 2, 1878. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Washington and Sioux Falls Railroad. That said Worthington and Sioux Falls Railroad Company is hereby authorized and empowered to survey, locate, construct, furnish, maintain, and operate a railroad from the west line of the State of Minnesota to and into the village of Sioux Falls, in Dakota Territory, so as to form and constitute a continuous line of railroad from said Nobles County to and into the village of Sioux Falls; and said corporation is hereby vested with all the franchises, powers, privileges, and immunities necessary to carry into effect the purposes of this act, as herein set forth, and may have and exercise the same fully and effectually within the Territory of Dakota.
Sec. 2. That the said'Worthington and Sioux Falls Railroad CompanyPurchase of necessary lands. be, and is hereby empowered to enter upon, purchase, take and hold any lands or premises that may be necessary or proper for the construction and working of said road within said Territory’ of Dakota, not exceeding in width one hundred feet on each side of the line of its railroad, unless a greater width be required for the purpose of excavation or embankment or protection from snow, and in such cases not exceeding two hundred feet; and also any lands or premises that may be necessary and proper for turnouts, standing-places for cars, depots, station-houses, shops or other structures or inclosures required or convenient 33 FORTY-FIFTH CONGRESS.
Sess. II. Ch. 46. 1878. in the construction and operation of said road. And in case the ownersCondemnation of lands. of such lands and premises and the said company cannot agree as to the value of the premises taken, or to be taken, for the use of said road, as aforesaid, said company may proceed to condemn the same and acquire title thereto in the way and according to the mode established by the laws *of* the Territory of Dakota. Sec. 3. That the said company is authorized to accept to its own useDonations and aids. any grant, donation, or aid which may be granted to or conferred upon it by any corporation, body politic, person, or persons; and said corporation is authorized to hold, enjoy, and use, with full power of disposition, such grant, donation, or aid, to its own benefit, for the purpose aforesaid.
And any bonds, donation, or aid which, under the laws or authority of the laws of Trans for of aids from other roads.said Territory, may have been voted or granted to any railroad company for the construction of a railroad from the west line of Minnesota to or into said village of Sioux Falls, by any county, town, village, or other municipal or political division or corporation of and within said Territory, may be transferred to said Worthington and Sioux Falls Railroad Company, its successors or assigns, by said Company, for or to which the same shall have been granted or voted with the consent and agreement of the legally authorized officers of such county, town, village, or other municipal or political division or corporation of and within said Territory; and upon such transfer it shall and may be lawful for the proper officers of such county, town, village, or other corporation or division to grant, issue, donate, and deliver the said bonds, or aid directly and in the first instance to said Worthington and Sioux Falls Railroad Company, its successors or assigns, without further authority, act, or ceremony whatever; and the same in the bands of said last-named company, its successors or assigns, shall be as valid and effectual as if granted, given, and delivered to said company for which the same were originally granted or voted: *Provided*, That noConditions of aids. such bonds, donation, or aid shall be issued and delivered to any Company except at the time and upon the conditions relating to the construction of the road named and specified in said original grant or vote.
Sec. 4. That said company is authorized to establish, charge, demand,Rates of fare, etc. and collect, for the transportation of passengers and freight over said road, reasonable fare and compensation, not exceeding the rate established for like service by the legislature of Minnesota over that portion of said railroad which lies within that State. Sec. 5. Said company may sue and be sued in any of the courts of theSuits. United States within said Territory, upon any cause of action, contract, or liability arising under any law of the United States or of the Territory, or any act done or omitted within said Territory; and in such action process may be served upon any officer or agent of said Company resident within said Territory, And said company shall constantly keep an officer or agent at Sioux Falls, in said Territory, upon whom process may be served.
Sec. 6. Said company shall commence the construction of said roadTime of construction. from the west line of the State of Minnesota within one year after the date of the passage of this act, and have the same fully completed, with cars running thereon, as far as the village of Sioux Falls, in Dakota Territory, within one year thereafter. Sec. 7. Said corporation shall hereafter be subject, so far as relatesLaws of Dakota. to that portion of its road within the limits of Dakota, to all laws and regulations made by the Territorial legislature of Dakota or its successors.
Sec. 8. This act shall be in force from and after its passage. AndRepeal, etc. Congress reserves the right at any time to alter amend or repeal this act. Approved, April 2, 1878.