Page:United States Statutes at Large Volume 17.djvu/100

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60 F ORTY-SECOND CONGRESS. Sess. H. Ch. 132. 1872. Mnrtg as to Sec. 3. That all the mortgages made and executed by said railroad combs 6l¤d.i£¤·. i¤ pany shall be filed and recorded in the Department of the Interior, which giQ°t£°¥;{g£§?t shall be a sufficient evidence of their legal execution: Provided, That the and this to be, aforesaid bonds and the authorized capital stock, or the proceeds thereof] °"ld°"$’“ °f Mr shall be applied only for the purpose of securing the construction, opera. °Xii°,.g$;i, of tion, and equipment of the contemplated railroad line, under lawful con. bonds and ¤’¤¤¤k. tracts with such parties, and on such terms and conditions as said company Q3;,;'?' w b° may deem needful, and for the further purpose of purchase, consolidation, completion, equipment, and operating of the other roads, as contemplated by said act and specified therein, being a part of the aforesaid railroad line, and for the expenses necessary and incident the works authorized there- Standard of by: Provided, however, That said road and its equipment shall be of the ¤¤¤l wd ¤Q¤lP· standard heretofore required by the United States government for the m§‘xis,,ngHem existing Pacific railway lines: And provided further, ·'l. hat said mortgage notatfecmd. or mortgages shall in nowise impair or affect any hen existing on the property of said company or companies at or before the time of such consolidation. Thc iron OT Sec. 4. That said road shall be constructed of iron or steel rails manu-

¤°f;°;r_ factnued from American ore, except such as may have been contracted for

ican ore. before consolidation by any railroad company which may be purchased by or consolidated with this com an . Construction Sec. 5. That the said Texds ahd Pacific Railway Ccfpigany shalllcom- <>*` ¤>¤<l*° "° menoe the construction of its road at or near Marsha , exas, an pro- $,;K2;g?;$,°:iit(, be ceed with its construction, under the original act and this supplement, or continued in in pursuance of the authority derived from any consolidation as aforesaid, Wim d“°°“°“‘ westerly from a point near Marshall, and towards San Diego, in the State of California, on the line authorized by the original act, and so prosecute 200 miles to be the same as to have at least one hundred consecutive miles of railroad from g;g;¤gi_·j_;z;grS, said point complete and in running order within two years after the pasmd Homes, than sage of this act; and so continue to construct, each year thereafter, a suiii- 100 milcs uyear cient number of miles, not less than one hundred, to secure the completion “““'“'“"1" of the whole line, from the aforesaid point on the eastern boundary of the State of Texas to the bay of San Diego, in the State of California, as afore- Time of com- said, within ten years after the passage of this act; and said road from Mar- Pl‘ém;6 shall, Texas, throughout the length thereof, shall be of uniform gauge: R,,,,§` 5,,,,, Sm Provided, however, '1` hat the said company shall commence the construction Di¤g0 ewwsfd. of said road from San Diego eastward within one year from the passage of ghggiffd h°w t° this act, and construct not less than ten miles before the expiration of the second year, and, after the second year, not less than twenty~five miles per annum in continuous line thereafter between San Diego and the Colorado river until the junction is formed with the line from the east at the latter pointqor east thereof; and upon failure to so complete it, Congress may adopt such measures as it may deem necessary and proper to secure its speedy completion; and it shall also be lawful for said company to commence and prosecute the construction of its line from any other point or points on its line; but nothing in this act contained shall be so construed as to authorize the grant of any additional lands-or subsidy, of any nature or kind whatso- Road between ever, on the part of the government of the United States : Provided, That

30k: said Texas and Pacific Railway Company shaH be, and it is hereby, author-

P' ized and required to construct, maintain, control, and operate a road between Marshall, Texas, and Shreveport, Louisiana, or control and operate any existing road between said points, of the same gauge as the said Texas and Pacific railroad; and that all roads terminating at Shreveport shall have the right to make the same running connections, and shall be entitled to the same privileges, for the transaction of business in connection with the said Texas and Pacific railway, as are granted to roads intersecting therewith: Provided further, That nothing herein shall be construed as changing the terminus of said Texas and Pacific railway from Marshall as provided in the original act. _