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route (before definite location of its line); and upon the filing thereof the lands became legislatively reserved or withdrawn.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.
The rapidity with which the Union Pacific road was constructed was surprising, and the whole progress of the work displayed a spirit of energy seldom seen in an undertaking of that character. The most positive achievements, however, were those of the Central Pacific Company. The construction of that road over the Sierras is considered by professional authorities as one of the greatest results of engineering. It crossed the maximum summit, of 7,042 feet above the sea, within one hundred miles of the Pacific tide waters, requiring a distribution of ascent really scientific to render it practicable, and, by using a minimum radius of 573 feet, secured, comparatively speaking, a direct alignment.
The two roads were completed and a junction effected May 10, 1869, and the initial transcontinental line was thereby finished.
By an act approved March 3, 1863, there was a grant made to the State of Kansas to aid in constructing certain railroads therein, now known as the Atchison, Topeka and Santa Fé; Leavenworth, Lawrence and Galveston, and Missouri, Kansas and Texas. It was of every alternate section of land designated by odd numbers for ten sections in width on each side of said roads. Indemnity was provided in ten additional miles and, except as to extent, it was not unlike the Iowa grant.