Report on the lands of the arid region of the United States, with a more detailed account of the lands of UtahPowell, John Wesley
History
Report on the lands of the arid region of the United States, with a more detailed account of the lands of Utah
Powell, John Wesley
Irrigation -- Utah; Irrigation -- West (U.S.); Public lands -- United States; Rain and rainfall -- West (U.S.)
They were granted the right of way through the public lands to the
extent of two hundred feet in width on each side of the line of road,
together with the necessary grounds for stations, buildings, workshops,
etc. They were also granted in aid of the construction of the road
“every alternate section of public land”, designated by odd numbers,
to the amount of five alternate sections per mile, on each side of the
road; and all lands which had been disposed of or reserved, and mineral
lands, were excepted.
Sections 5 and 11 of the act related to the issuance of bonds by the
United States. Section 7 required the company to file a map of its
general route, and directed the Secretary of the Interior to thereupon
withdraw the lands within fifteen miles of such line.
Various other roads were provided for upon the same conditions, now
known as the Central Pacific, Central Branch of the Union Pacific,
Kansas Pacific, and Sioux City and Pacific.
As it is not the purpose of this inquiry to look into any provisions
except such as relate to _land_ donations, I will not pursue the
sections respecting the issuance of bonds, payment of interest, etc.
But, before proceeding further, it is proper to notice the changes
inaugurated by that act.
In the first place, the grant was to a corporation direct, and not to a
State in trust for one.
Second. It was not confined to any particular State or section, but was
transcontinental in character, extending in this case more than half
across our country.
Third. It was a grant ten miles in width on each side, instead of six,
as in previous grants, and no provision was made for indemnity.
Fourth. It provided for the filing by the company of a map of its
general or designated route (before definite location of its line);
and upon the filing thereof the lands became legislatively reserved or
withdrawn.
By an act approved July 2, 1864, this act was amended in several
particulars, and instead of “five” sections “ten” were granted, thereby
increasing the limits from ten to twenty miles on each side of the
roads. The term “mineral land” was construed not to include “coal and
iron land”.
By section 19 of this latter act a grant was made to the Burlington
and Missouri River Railroad Company, for the construction of a road
from the Missouri River to some point not farther west than the one
hundredth meridian of west longitude to connect with the Union Pacific
road, of ten alternate sections per mile on each side of its line of
road. It has been decided that this company was not confined to any
limit, but could go far enough to secure the quantity granted, and it
is the only railroad whose grant is not confined to lateral limits. By
a proviso to the twentieth section, however, the company received no
bonds.
Public-domain text, read in full here on John Shaqi.
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