Public Law 34–XLI

That there be, and is hereby, granted to the State of Alabama, for the purpose of aiding in the construction

Grant of land to Alabama for railroads.

of railroads; from the Tennessee River, at, or near Gunter’s landing, to Gadsden, on the Coosa River; from Gadsden to connect with the Georgia and Tennessee and Tennessee line of railroads, through Chattooga, Wills, and Lookout Valleys; and from Elyton to the Tennessee River at or near Beard’s Bluff, Alabama, every alternate section of land designated by odd numbers, for six sections in width on each side of each of said roads. But in ease it shall appear that the United States have, when the lines or routes of said roads are definitely fixed, sold any

Grant in lieu of sections sold or preempted.

sections or any parts thereof, granted as aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the governor of said Suite, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified, so much land, in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold, or otherwise appropriated, or to which the rights of preemption have attached as aforesaid, which lands (thus selected in lieu of those sold and to which preemption rights have attached as aforesaid, together with the sections and parts of sections designated by odd numbers, as aforesaid, and appropriated as aforesaid) shall be held by the State of Alabama, for the use and purpose aforesaid: Provided, That the land to be so located shall in no case be further than fifteen miles from the lines of said roads, and selected for and on account of each of said roads: Provided further, That the lands hereby granted for and on account of said roads, severally, shall be exclusively applied

Grant, how applied.

in the construction of that road for and on account of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no other purpose whatsoever: And provided further, That any and all lands heretofore reserved to the

Act not to apply to reservations except as to right of way.

United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatsoever, be, and the same are hereby, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railroads through such reserved lands, in which case the right of way only shall be granted, subject to the approval of the President of the United States.

Sec. 2.

And be it further enacted, That the sections and parts of sections

Price of alternate sections doubled.

of land which, by such grant, shall remain to the United States, within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands when sold, nor shall any THIRTY-FOURTH CONGRESS. Sess. I. Ch. 41, 42. 1856.of said lands become subject to private entry until the same have been first offered at public sale at the increased price.

Sec. 3.

And be it further enacted, That the said lands hereby granted to the said State shall be subject to the disposal of the legislature thereof, for the purposes aforesaid, and no other; and the said railroads shall be and remain public highways for the use of the government of the United States, free from toll or other charge upon the transportation of any property or troops of the United States.

Sec. 4.

And be it further enacted, That the lands hereby granted to said State shall be disposed of by said State only in manner following, that is to say: That a quantity of land, not exceeding one hundred and twenty sections for each of said roads, and included within a continuous length of twenty miles of each of said roads, may be sold; and when the governor of said State shall certify to the Secretary of the Interior that any twenty continuous miles of any of said roads is completed, then another quantity of land hereby granted, not to exceed one hundred and twenty sections for each of said roads having twenty continuous miles completed as aforesaid, and included within a continuous length of twenty miles of each of such roads, may be sold; and so, from time to time, until said roads are completed; and if any of said roads is not completed within ten years, no further sale shall be made, and the lands unsold shall revert to the United States.

Sec. 5.

And be it further enacted, That the United States mail shall be transported over said roads, under the direction of the Post-Office Department, at such price as Congress may, by law, direct: Provided, That until such price is fixed by law, the Postmaster-General shall have the power to determine the same.

Sec. 6.

And be it further enacted, That a grant of lands shall be made to said State to aid in the construction of the following roads in said State, to wit: the Memphis and Charleston railroad, extending from Memphis on the Mississippi River, in Tennessee, to Stevenson, on the Nashville and Chattenooga railroad, in Alabama; the Girard and Mobile railroad, from Girard to Mobile, Alabama; the Northeast and South-western railroad, from near Gadsden to some point on the Alabama and Mississippi State line, in the direction to the Mobile and Ohio railroad, with a view to connect with said Mobile and Ohio railroad; the Coosa and Alabama railroad, from Selma to Gadsden; the Central railroad

1857, ch. 103.

Post, p. 200.

from Montgomery to some point on the Alabama and Tennessee State line in the direction to Nashville, Tennessee; and that alternate sections of the public lands to the same extend and in the same manner, and upon the same limitations and restrictions in every respect, shall be and is hereby made to aid in the construction of the roads in said State mentioned in this act: Provided, That the lands hereby granted to said State

Proviso.

for the purpose of constructing a railroad from the northeast to the south-western portion of said State, lying northwest of Elyton, shall be assigned to such road as may be designated by the legislature of said State.