Chapter 1159. Authorizing the Santa Fe Pacific Railroad Company to sell or lease its railroad property and franchises, and for other purposes
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CHAP. 1159.— An Act Authorizing the Santa Fe Pacific Railroad Company to sell or lease its railroad property and franchises, and for other purposes. June 27, 1902.[[Public, No. 177](/us/pl/57/177).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Santa Fe Pacific Santa Fe Pacific Railroad Company.Sale or lease of property and franchises authorized.Vol. 29, p. 622. Railroad Company, a corporation incorporated under the Act of Congress approved March third, eighteen hundred and ninety-seven, entitled “An Act to define the rights of purchasers under mortgages authorized by an Act of Congress approved April twentieth, eighteen Vol. 17, p. 19. hundred and seventy-one, concerning the Atlantic and Pacific Railroad Company,” be, and it hereby is, authorized and empowed to sell or lease its railroad and other property, including all rights, powers, privileges, grants, and franchises, to the Atchison, Topeka and Santa Fe Railway Company, a corporation of the State of Kansas, its successors and assigns; but such purchaser or lessee shall take, hold, Purchaser or lessee to assume all obligations, etc. and use the railroad and property sold or leased subject to all duties, obligations, conditions, and restrictions relating thereto which at the time of such sale or lease shall be binding upon said Santa Fe Pacific Railroad Company as fully as though such sale or lease had not been made; and thereupon such purchaser or lessee shall have and enjoy all rights, powers, privileges, grants, and franchises relating to said railroad and property, or any part thereof, that were conferred by Congress upon said Santa Fe Pacific Railroad Company: *Provided, *Proviso*.To remain a post route, etc. however*, That said railroad shall remain as heretofore a post route and military road, subject to the use of the United States for postal, military, naval, and all other Government service, and also subject to such regulations as Congress may impose restricting the charges for such Government transportation, and subject also to all other rights of the United States.
Sec. 2. That from and after the passage of this Act the said Santa Annual taxes per mile.Payable to New Mexico and Arizona. Fe Pacific Railroad Company, its successors or assigns, shall pay an annual tax at the rate of one hundred and seventy-five dollars per mile to the Territories of New Mexico and Arizona, respectively, for each mile of main track in said Territories, respectively, the same to be Apportionment among counties. apportioned among the counties of said Territories in which said railroad is located according to the mileage in each county, respectively, and said taxes shall be in lieu of all other taxes on said property hereby authorized to be leased or sold and the rolling stock used thereon, but 406 excepting the land-grant lands and the shops as hereinafter otherwise Date of payment of tax. provided, and the payment of the said tax as to each Territory shall be made on or before the first day of December of every year after nineteen hundred and two, until it shall have been admitted into the United States of America as a State; and that upon the admission of the said Territories of New Mexico and Arizona, or either of them, as States, the property hereby authorized to be transferred, situated therein, shall be subject to all the laws and regulations of either of the said States of New Mexico or Arizona, in the same manner and to Land-grant lands excepted. the same extent as any other railroad property situated therein.
The payment of the said one hundred and seventy-five dollars a mile shall not extend to or apply to any of the land-grant lands owned by the said Santa Fe Pacific Railroad Company which are in no wise connected with the right of way and station grounds of said company, said land-grant lands to remain as now chargeable with taxes as assessed and collected under and by virtue of the laws of the said Territories of Shops at Albuquerque. New Mexico and Arizona, and the shops situated at Albuquerque, New Mexico, including the machinery therein, and the lands upon which the same are situated, shall be assessed separately, and the taxes thereon paid annually according to the laws of New Mexico.
Sec. 3. Date of sale. That the sale or lease herein authorized shall be made on or before January first, nineteen hundred and four; otherwise this Act shall become inoperative for all purposes. Sec. 4. Amendment. That Congress shall at all times have power to alter, amend, or repeal this Act. Approved, June 27, 1902.