by this act shall be conveyed to any party or parties, and no bonds shall be issued to any company or companies, party or parties, on account of any road or part thereof, made prior to the passage of the act to which this act is an amendment, or made subsequent thereto under the provisions of any act or acts other than this act, and the act amended by this act.

(Sec. 12 provided that the Union Pacific, eastern division, should build a branch from the mouth of the Kansas river by way of Leavenworth, or else, within two years, build from Leavenworth to Lawrence; but should receive therefor no bond subsidy.)

And if the Union Pacific Railroad Company shall not be proceeding in good faith to build the said railroad through the territories when the Union Pacific Railroad Company, eastern division, shall have completed their road to the one-hundredth degree of longitude, then the last named company may proceed to make said road westward until it meets and connects with the Central Pacific Railroad Company on the same line. And the said railroad from the mouth of the Kansas river to the one-hundredth meridian of longitude shall be made by the way of Lawrence and Topeka, or on the bank of the Kansas river opposite said towns: Provided, that no bonds shall be issued or land certified by the United States to any person or company, for the construction of any part of the main trunk line of said railroad west of the one-hundredth meridian of longitude and east of the Rocky mountains, until said road shall be completed from or near Omaha, on the Missouri river, to the said one-hundredth meridian of longitude.

(Sec. 13 changed the number of elected directors to fifteen, and of government directors to five. It provided that at least one of the latter must be a member of each standing or special committee, and provided for inspections of the property and reports to the government by the government directors.)

(Sec. 14 provided that the next election of directors should be at New York on the first Wednesday in October, 1864, and that subsequent elections should be annual, at the same place.)

Sec. 15. And be it further enacted, That the several companies authorized to construct the aforesaid roads are hereby

required to operate and use said roads and telegraph for all purposes of communication, travel, and transportation, so far as the public and the government are concerned, as one continuous line; and in such operation and use, to afford and to secure to each equal advantages and facilities as to rates, time, and transportation, without any discrimination of any kind in favor of the road or business of any or either of said companies, or adverse to the road or business of any or either of the others, and it shall not be lawful for the proprietors of any line of telegraph, authorized by this act, or the act amended by this act, to refuse, or fail to convey for all persons requiring the transmission of news and messages of like character, on pain of forfeiting to the persons injured for each offense, the sum of one hundred dollars, and such other damage as he may have suffered on account of said refusal or failure, to be sued for and recovered in any court of the United States, or of any state or territory of competent jurisdiction.

Sec. 16. And be it further enacted, That any two or more of the companies authorized to participate in the benefits of this act are hereby authorized at any time to unite and consolidate their organizations, as the same may or shall be, upon such terms and conditions, and in such manner as they may agree upon, and as shall not be incompatible with this act, or the laws of the state or states in which the roads of such companies may be, and to assume and adopt such corporate name and style as they may agree upon, with a capital stock not to exceed the actual cost of the roads so to be consolidated, and shall file a copy of such consolidation in the department of the interior; and thereupon such organization, so formed and consolidated, shall succeed to, possess, and be entitled to receive from the government of the United States, all and singular the grants, benefits, immunities, guarantees, acts, and things to be done and performed, and be subject to the same terms, conditions, restrictions and requirements which said companies respectively, at the time of such consolidation, are or may be entitled or subject to under this act, in place and substitution of said companies so consolidated, respectively. And all other provisions of this act, so far as applicable, relating or in any manner appertaining to the

companies so consolidated, or either thereof, shall apply and be of force as to such consolidated organization.

(Section 16 provides further that in case any company fails wholly or in part to build its line within the prescribed time, the consolidated company may build it on the terms originally offered, paying to the defaulting company the value of the work done and materials furnished. But the defaulting company may, at any time before the completion of the work, resume all its rights by paying the consolidated company the value of the work done and materials furnished by it. Any company refusing to enter a consolidation shall have equal rights with the consolidation. It is further provided that should the Central Pacific Railroad Company of California complete their line to the eastern line of the state of California, before the line of the Union Pacific Railroad Company shall have extended westward so as to meet the line of said first-named company, said firstnamed company may extend their line of road eastward one hundred and fifty miles on the established route, so as to meet and connect with the line of the Union Pacific road, and upon doing so, shall enjoy all the rights, privileges, and benefits conferred by this act on said Union Pacific Railroad Company.)

(Sec. 17 provided that the branch from Sioux City might be built by a company having a line reaching that point from the east, instead of being built by the Union Pacific Company, as per Section 14 of the Act of 1862. The bond subsidy was not to be increased by this change, and the land grant was to be five alternate sections on each side of the track for each running mile. Failure to complete this line within ten years of the passage of this act forfeited the portion already built.)

(Secs. 18, 19, and 20 referred to an extension of the Burlington and Missouri river road westward to a junction with the Union Pacific at some point east of the one-hundredth meridian.)

(Sec. 21 provided that before any lands should be given to the company receiving the grant, that company should pay the cost of surveying, selecting and conveying the same.)

Sec. 22. And be it further enacted, That Congress may, at any time, alter, amend, or repeal this act.

Approved July 2, 1864.

CHAPTER VII

ADMINISTRATION OF THE PACIFIC RAILWAY ACTS AND MANAGEMENT OF THE PACIFIC RAILWAYS: 1864-1887

THE PACIFIC RAILWAYS AS PLANNED AND AS CONSTRUCTED

The system of Pacific railways as originally planned embraced a trunk line westward from the 100th meridian, at which point branch lines radiated to connect various Missouri points. Or, to put it in another way, five lines were to be pushed westward from the Missouri, to converge on the 100th meridian, thence to proceed as a single great highway toward the coast. The Central Pacific would start at the coast and meet the Union Pacific near the California state line.

The five eastern branches were to have connected Sioux City, Omaha, St. Joseph, Leavenworth, and Kansas City, as appears in map I. When it came to actual construction, however, the symmetry of the plan was much marred, and map II. forcibly illustrates the difference between the plan and the reality.

The line from Sioux City, the Sioux City and Pacific, was extended southward and joined the Union Pacific-which was extended east from the 100th meridian to Iowa-at Fremont, Neb. In 1866 the Union Pacific Eastern Division, later the Kansas Pacific, was authorized to change its line and proceeded westward from Kansas City to Denver before making its junction with the main trunk. This necessitated changes in the branches which were to have joined it: the Leavenworth, Pawnee and Western1 being extended southwest to connect at Lawrence, Kas.; the Central Branch, Union Pacific-first the Hannibal and St. Joseph, then the Atchison and Pike's Peak

1 For the affairs of this road see Exec. Docs., 1882-83, no. 95.