was any action possible.

It was found that private corporations, duly aided by land grants from the Government, were able to build the necessary connecting links through the comparatively level country, between Chicago and St. Louis, and the Missouri River. From the Missouri River west it was felt that the undertaking was too great for any one set of men or corporation, besides local interests in California were already in the field, consequently two companies were determined upon, one of them working eastward, the other westward, and it was thus arranged.(Back to Content)

CHAPTER II.

The Proposition in Congress.

Situation 1861 — Curtis Bill of 1862 — Amended Charter of 1864 — Further Amendments — 1866 — Legal Complications in New York — Controversy With Central Pacific.

Commencing with the session of 1835, when a memorial on the subject of railroad communication between Lake Michigan and the Pacific Coast, was presented by Hartwell Carver, up to the present, the Pacific Railways have been ever present in Congress. The Catalogue of Government Publications gives one hundred and eighty-five having the Union Pacific, or Pacific Railroads as their subject.

It is not necessary to recount the many schemes for the construction of these roads that were proposed to Congress. We have already outlined the principal ones previous to 1861.

At this time our country was in the midst of its greatest difficulties. The North and South unable to harmonize over the slavery question, had recourse to the arbitration of arms. The Union forces had met with numerous and severe reverses. The people of the Pacific Coast were loud in their demands for better means of communication. The Government was straining to what seemed the breaking point, their credit and resources to carry on the war and as a Government enterprise the building of a Pacific Railway was out of the question. All were convinced of not only the desirability of such a line but of the absolute necessity thereof, and it had resolved itself into a question of ways and means. Previous discussions had thrashed out the chaff and it now remained for Congress to winnow the wheat. Government surveys had demonstrated the existence of five feasible routes through or over the Rocky Mountains. The Northern, now followed by the Northern Pacific Railroad, the South Pass, Snake and Columbia Rivers, now traversed by the Union Pacific Railroad to Granger, thence the Oregon Short Line and Oregon Railway and Navigation Company. The Middle Route-Union Pacific Railroad in connection with the Southern Pacific Company (Central Pacific Railroad). The thirty-ninth parallel route, now followed by the Santa Fe Route and the Southern via El Paso, now followed by the Sunset Route. The first two while available, could be eliminated owing to their not reaching California direct, as could also the two latter, on account of their traversing in part at least, country that was then in a state of insurrection.

These reasons were in themselves sufficient to determine the selection, but with the many other arguments advanced, there was no trouble in bringing Congress to adopt practically unanimously the "South Pass" "Middle" "True Pacific" Route as it was variously called. For years this had been the route of the fur traders and trappers, the emigrant, the Overland Stage, and the Pony Express, and if these various interests had agreed as to this being the shortest and best route it was evident there were good and sufficient reasons for their decision, it being incontrovertible that it was the shortest one that reached the desired territory. Especially as their decision was reinforced by the result of numerous surveys made by the Government.

The bill creating the Union Pacific Railroad was known as the "Curtis Bill" from its author, Congressman S. R. Curtis of Iowa. It carried the title of "An Act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean and to secure to the United States Government, the use thereof for postal, military, and other purposes."

This act passed the Senate, June 20th, 1862, by a vote of thirty-five to two and became a law July 1st, of that same year. In addition to creating the Union Pacific Railroad Company it also authorized the Central Pacific Railroad Company to build a railroad from Sacramento to the eastern boundary of California, where it was to connect with the Union Pacific Railroad. The bill also recognized a Company chartered by the legislature of Kansas under the name of the Leavenworth, Pawnee and Western Railway Company, later known as the Kansas Pacific Railway. This latter line was to be built from Leavenworth west to a junction with the Union Pacific Railroad at or near the hundredth Meridian or about two hundred and fifty miles west of Omaha.

The principal features of the bill so far as the Union Pacific Railroad were concerned, were, the creation of a Board of Commissioners consisting of one hundred and fifty-eight commissioners to represent the interest of the United States Government and who were to be named by the Secretary of the Interior. These were to constitute a preliminary organization.

The Union Pacific Railroad proper was to commence at a point on the hundredth Meridian, west of Greenwich, between the Valley of the Platte River on the north and the Valley on the Republican River on the south, with branch lines to be known as the Iowa Branch from said point to the Missouri River. On the west it was to extend to the Eastern boundary of California, where it was to connect with the Central Pacific Railroad.

The Capital stock of the Company was to consist of ten thousand shares at one thousand dollars each, not more than two hundred shares to be held by any one person. Right of way through public lands was granted with the privilege of taking therefrom, without charge, earth, stone, lumber, or other material for construction purposes. The Company was granted every alternate section of land as designated by odd numbers to the amount of five sections per mile, on each side of the road within the limits of ten miles, not sold, reserved or otherwise disposed of by the Government, and to which a pre-emption or homestead claim had not been made up to the time the road was finally located, mineral lands being excepted. All lands thus granted, not sold or disposed of three years after the line was completed, were to be sold by the Government at not to exceed one dollar and twenty-five cents per acre, the proceeds to accrue to the Railroad Company. Nothing but American iron was to be used in the rails. As fast as sections of forty miles were completed and accepted by commissioners appointed by the Government for that purpose, one thousand dollar bonds of the United States bearing six per cent. interest, payable in thirty years, were to be issued to the Company constructing the line. Sixteen thousand dollars in bonds to the mile for the distance east of the Rocky Mountains and forty-eight thousand to the mile for one hundred and fifty miles for the mountain portion of the line. Three-fourths of these bonds were to be delivered to the railroad Company as the sections were accepted, the remaining fourth to be retained by the Government until the entire line was completed. The bonds to constitute a first mortgage on the entire line equipment, terminals, etc? The road to be completed within twelve years, the