Monopolies -- United States; Railroads and state -- United States
"SECTION 2. That the right of way through the public lands be, and the
same is hereby, granted to said company for the construction of said
railroad and telegraph line, and the right, power, and authority, are
hereby given to said company to take from the public lands adjacent to
the line of said road, earth, stone, timber, and other materials, for
the construction thereof. Said right of way is granted to said railroad
to the extent of two hundred feet in width on each side of said
railroad, where it may pass over the public lands, including, all
necessary grounds for stations, buildings, workshops, and depots,
machine shops, switches, side tracks, turn-tables, and water stations."
The right of way was reduced to one hundred feet for each side of the
railroad, by act of congress of July 2, 1864, and the right to take
material for the construction of the road was limited to ten miles on
each side thereof, by the same act. By this section the company is
allowed to take from the public lands all the material needed in the
construction of the road; to strip the lands, and leave them naked for
the people. The real value of the lands is given to the company; the
refuse left for the American people.
A part of the third section reads as follows:--
"That there be, and is hereby, granted to the said company, for the
purpose of aiding in the construction of said railroad and telegraph
line, and to secure the safe and speedy transportation of the mails,
troops, munitions of war, and public stores thereon, every alternate
section of land, designated by odd numbers, to the amount of five
alternate sections per mile, on each side of said road, on the line
thereof, and within the limits of ten miles on each side of said road,
not sold, reserved, or otherwise disposed of, by the United States, and
to which a pre-emption or homestead claim may not have attached at the
time the line of said road is definitely fixed. Provided, that all
mineral lands shall be exempted from the operation of this act; but when
it shall contain timber, the timber is hereby granted to said company."
Public-domain text, read in full here on John Shaqi.
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