confirmed and established to the several religious societies to which said missionary stations respectively belong. SEC. 6. And be it further enacted, That the legislative power of the Extent of legis Territory shall extend to all rightful subjects of legislation not incon- lative authority. sistent with the constitution and laws of the United States. But no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws passed by the legis lative assembly shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect. (a) served for SEC. 20. And be it further enacted, That when the lands in said Terri- Sections 16 and tory shall be surveyed under the direction of the Government of the 36 in each town. United States, preparatory to bringing the same into market or other- ship to be re wise disposing thereof, sections numbered sixteen and thirty-six in each schools. township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to common schools in said Territory. And in all cases where said sections sixteen and thirty-six, or either or Other sections any of them, shall be occupied by actual settlers prior to survey thereof, to be located in the county commissioners of the counties in which said sections so oc- lieu thereof when actually settled cupied as aforesaid are situated, be, and they are hereby, authorized to locate other lauds to an equal amount in sections, or fractional sections, as the case may be, within their respective counties, in lieu of said sections so occupied as aforesaid. (b) on. No. 2288.-AN ACT to amend the act approved September twenty-seven, eighteen No. 2289.—AN ACT confirming a land claim to Elijah White, of the Territory of Washington. July 17, 1854. Feb. 10, 1855. under act of Be it enacted, &c., That the claim of Doctor Elijah White, to six hun- Settlement of dred and forty acres of land on Baker's Bay, near Cape Disappointment, land claim of formerly in Oregon, now in Washington Territory, under the act of Elijah White Congress approved September twenty-seven, eighteen hundred and fifty, 1850, making do creating the office of surveyor-general, and making donations in Oregon, nations of land in shall not suffer any prejudice by reason of his absence from his settle- Oregon. ment, as set forth in his petition; but the said claim, if in other respects within the provisions of the said act of September twenty-seven, eighteen hundred and fifty, shall be confirmed by the surveyor-general to the said Elijah White and his assignees, but not to interfere with any reservation that may be needed by the United States for light-house or other public uses, nor to the prejudice of any valid adverse right, if such exist. No. 2290.-AN ACT for the relief of George Bush, of Thurston County, Washington Territory. Feb. 10, 1855. Vol. 10, p. 848. Land claim in and his wife. Be it enacted, &c., That the claim of George Bush to six hundred and forty acres of land in Thurston County, Washington Territory, in virtue Washington Ter of his early settlement and continued residence and cultivation, as set ritory confirmed forth in the memorial passed on the seventeenth March, eighteen hun- to George Bush dred and fifty-four, by the legislative assembly of Washington Territory, be, and the same is hereby, confirmed-the one-half to the said George Bush, and the other half to his wife; and it shall be the duty of the surveyor-general of the said Territory of Washington to designate and set apart the quantity of land aforesaid, to embrace the residence and settlement of the said George Bush, according to the lines of the public surveys, and for the claim hereby confirmed, but not in such a manner as to interfere with any reserve or valid adverse right, if any 64 L O-VOL. II such exist, to any part of the land claimed as aforesaid; and upon the presentation of a certificate from the surveyor-general, designating the Patent to issue. land which may be officially set apart under this act, a patent shall issue, if the proceedings are found regular by the Commissioner of the General Land Office. May 29, 1858. Vol. 11, p. 293. Feb. 14, 1859. Vol. 11, p. 333. Residue to be. No. 2291.-AN ACT for extending the land laws east of the Cascade Mountains, in Oregon and Washington Territories. [See OREGON, No. 2239.] * No. 2292.—AN ACT for the admission of Oregon into the Union. SEC. 5. And be it further enacted, That, until Congress shall otherwise long to the Ter- direct, the residue of the Territory of Oregon shall be, and is hereby, ritory of Wash incorporated into, and made a part of the Territory of Washington. (a) ington. (a) See Nos. 2091, 2228, 2281, 2287, 2295. lished. Boundaries. May 16, 1860. No. 2293.-AN ACT to create an additional land district in Washington Territory. Vol. 12, p. 16. Be it enacted, &c., That, when in the opinion of the President it may Columbia Riv: be expedient, all the public lands in the Territory of Washington to er district estab which the Indian title shall have been extinguished or may hereafter be extinguished, lying east and south of the following boundaries, shall constitute a new land district to be called the "Columbia River district," viz.: Beginning on the boundary line between the United States and the British possessions and on the summit of the Cascade Mountains at the nearest range line to the east line of range twelve, thence south on the nearest range lines on the summit of said mountains to the line dividing townships ten and eleven north, thence west to the line divid ing ranges six and seven west, thence north on said line to the third standard parallel, thence west to "Shoal Water Bay," thence with the Shoal Water Bay, including any islands therein, to the Pacific-the western boundary of said district above the line dividing ranges ten and eleven and on the summit of the Cascade Mountains, to be adjusted by the Department of the Interior as near the points before given as is consistent with the lines of the public surveys-and the President shall be authorized hereafter from time to time, as circumstances may require, to adjust the boundaries of the land districts in said Territory and remove the offices when the same shaH be expedient. Register and receiver to appointed. Pay &c. SEC. 2. And be it further enacted, That the President be and he is be hereby authorized to appoint by and with the advice and consent of the Senate or during the recess thereof, and until the end of the next session after such appointment, a register and receiver for said district who shall be required to reside at the site of the land office, be subject to the same laws, and entitled to the same compensation as is or may hereafter be prescribed by law in relation to the existing land office and officers in said Territory. (a) (a) See Nos. 2233, 2235, 2286, 2288, 2294, 2306, 2316, 2319. March 2, 1861. No. 2294.—AN ACT to provide for bringing up the arrearages of work of the land Vol. 12, p. 198. office at Olympia, Washington Territory. Clerical serv Be it enacted, &c., That the Secretary of the Interior be authorized to ices in land office make such allowances for clerical services in bringing up the arrearat Olympia, ages of business at the land office at Olympia, Washington Territory, Washington Ter including payment of clerical services already necessarily incurred, as, on the production of the proper evidence, he may deem equitable and just, the amount not to exceed the sum of three thousand dollars, and to be paid out of the appropriation for incidental expenses of district land offices. (a) ritory. (a) See Nos. 2233, 2235, 2286, 2288, 2293, 2306, 2316, 2319. March 2, 1861. No. 2295.-AN ACT to provide a temporary government for the Territory of Dakota, Vel. 12, p. 239. and to create the office of surveyor-general therein. [Portion of Washington and Utah Territories added to Nebraska. See NEBRASKA, NO. 2091.] March 14, 1864. No. 2296.—AN ACT in relation to university lands in Washington Territory. Vol. 13, p. 28. Whereas it is declared in the fourth section of the act of Congress. approved July seventeenth, eighteen hundred and fifty-four, amenda- University tory of the act approved September twenty-seventh, eighteen hundred lands in Washington Territory. and fifty, creating the office of surveyor-general of the public lands in Preamble. Oregon, etc., "that in lieu of the two townships of land granted to the Territory of Oregon, by the tenth section of the act of eighteen hundred and fifty, for universities, there shall be reserved to each of the Territories of Washington and Oregon, two townships of land of thirtysix sections each, to be selected in legal subdivisions, for university purposes, under the direction of the legislatures of said Territories, respectively;" and whereas it is represented that sales have been made by Territorial authorities of lands selected in virtue of the terms of said act of seventeenth July, eighteen hundred and fifty-four, authorizing selections to be "reserved," merely under the conviction that they had the power to dispose of the same as a fee-simple grant: Therefore, Be it enacted, &c., That in all cases of sales made to individuals by Bona-fide sales the Territorial authorities prior to the passage of this act, in which it approved. may be shown to the satisfaction of the Secretary of the Interior, that such sales were bona fide and of the class herein before mentioned, and that the tracts so sold are selections in all other respects regular and proper, it shall and may be lawful for the said Secretary to approve such selection as a grant in fee-simple, and a transcript, certified under the seal of the General Land Office by the Commissioner thereof, of such approval, shall vest the title in the Territory and in its bona-fide vendees. (a) (a) See Nos. 2235, 2288. No. 2297.—AN ACT in reference to donation claims in Oregon and Washington. April 29, 1864. [See OREGON, No. 2247.] Vol. 13, p. 62. No. 2298.-AN ACT to amend the act of Congress making donations to the settlers June 25, 1864. No. 2299.-AN ACT granting lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget's Sound, on the Pacific Coast, by the northern route. [See MINNESOTA, No. 1873.] No. 2300.-AN ACT for increased facilities of telegraph communication between the Atlantic and Pacific States and the Territory of Idaho. [See NEBRASKA, No. 2097.] No. 2301.-AN ACT to grant the right of way to the "Cascade Railroad Com. pany" through a military reserve in Washington Territory. Whereas the Cascade Railroad Company, a corporation duly created and organized under the laws of Washington Territory, has constructed and put in operation a railroad on the Cascade Portage of the Columbia River, in said Territory, a portion of which said road is constructed through a military reserve of the United States; and whereas doubts have arisen as to the right to construct such road through said reserve and the validity of the charter of said company: Therefore, July 2, 1864. July 2, 1864. April 10, 1866. Be it enacted, &c., That there shall be, and is hereby, granted to the Right of way said Cascade Railroad Company a right of way of sixty feet in width granted to the *Cascade Railalong the line of said road as at present constructed and along the road Company' changes of location hereafter made to straighten and render said road through the pubsafe, through the public lands of the United States, the military reserve, lic lands and miland the lands of private persons agreeing thereto, including all neces- itary reserve. sary grounds for stations, buildings, workshops, depots, machine-shops, ed valid. Proviso. Charter of the switches, side-tracks, and wharves. And the charter of said company company declar is hereby adopted and declared to be valid: Provided, That nothing in this act shall be so construed as to give said company the right to occupy for any purpose whatever more than sixty feet in width on the line of said road at any point or points where the space or pass between the river and bluff or mountain is so narrow as not to admit of the construction of another parallel railroad, turnpike, road, canal, or other public work for transportation of freight or passengers. (a) (a) See Nos. 1873, 1889, 2262, 2299, 2302, 2303, 2304, 2311, 2315. March 3, 1869. No. 2302.-AN ACT granting the right of way to the Walla-Walla and Columbia Walla Walla and bia River. &c. Right of way Be it enacted, &c., That the right of way through the public lands be, granted to the and the same is hereby, granted to the Walla Walla and Columbia Columbia River River Railroad Company, a corporation existing under the laws of the Railroad Com. Territory of Washington, and duly incorporated for the purpose of conpany from Walla structing a railroad from said town of Walla Walla to some eligible Walla to Colum- point on the navigable waters of said Columbia River, in said Territory; Width of way, said right of way hereby granted to said railroad is to the extent of one land for stations, hundred feet in width on each side of said road where it may pass over the public lands; also, all necessary ground, not to exceed five acres at each station, for station-buildings, workshops, depots, machineshops, switches, side-tracks, turn tables, and water-stations. County com- SEC. 2. And be it further enacted, That the county commissioners of Walla Walla the county of Walla-Walla, in the Territory of Washington, be, and they County may sub- are hereby, authorized and empowered to aid in the construction of the scribe for stock Walla Walla and Columbia River Railroad by subscribing to the capital of road, and issue stock of said Walla-Walla and Columbia River Railroad Company in bonds for pay the name and on behalf of said county of Walla-Walla, and by issuing ment, &c. missioners of $300,000. bonds of said county, payable at such time as said commissioners shall think proper, and bearing interest of not more than eight per cent. per annum, in payment for said stock so by them taken in said railroad company, or by issuing bonds, bearing interest as aforesaid, as a loan to said company, to be used in the construction of said road, or to aid said company in the construction of said road by the credit of said county Subscription, in any other manner the said commissioners may think proper: Pro&c., not to exceed vided, That the said subscription, loan, or other aid so given by said To be submit- Commissioners to said company shall in no caso exceed the sum of three ted to the people hundred thousand dollars. And provided further, That the said suband approved by scription, loan, or other aid, shall have been submitted to the people of three-fourths of said county and been voted for by three-fourths of the legal vote cast the legal votes at an election held for that purpose: And provided further, That if said Notice of elec- vote be taken at a special election, the notice shall be the same as provided by the laws of said Territory for general elections. Conuty com. SEC. 3. And be it further enacted, That the county commissioners of missioners may the county of Walla-Walla, in the Territory of Washington, be, and tions to take a they are hereby, authorized and empowered to hold a special election, vote of the coun- at such times as they may designate, after twenty days' public notice, ty upon granting which said election shall be governed by the general laws of the Ter aid to the road. ritory upon the subject of elections, at which election the aid to be cast. tion. hold special elec given by said county to said Walla-Walla and Columbia River Railroad Company, either by subscriptions to stock or otherwise, shall be submitted to and be voted upon by the legal voters of said county in Attempting to such manner as said commissioners may designate: Provided, That this obtain future as- grant is made upon the express condition that any effort by said United States to company hereafter to obtain any land grant, subsidy, or pecuniary work forfeiture aid from the United States Government shall work a forfeiture of this of this grant. grant. (a) sistance from the (a) See Nos. 1873, 1889, 2262, 2299, 2301, 2303, 2304, 2311, 2315. April 10, 1869. No. 2303.-JOINT RESOLUTION granting right of way for the construction of a railroad from a point at or near Portland, Oregon, to a point west of the Cascade Mountains, in Washington Territory. [See OREGON, No. 2262.] · No. 2304.-A RESOLUTION authorizing the Northern Pacific Railroad Company to issue its bonds for the construction of "its road and to secure the same by mortgage, and for other purposes. [See MINNESOTA, No. 1889.] May 31, 1870. Feb. 24, 1871. Vol. 16, p. 430. Provisions for Kansas. New Mexico. Arkansas. No. 2305.—AN ACT to provide for the disposition of useless military reservations. Be it enacted, &c., That the Secretary of War be, and he is hereby, authorized and empowered to transfer to the custody and control of the Secretary of the Interior, for disposition for cash, according to the ex- the sale of ceristing laws of the United States relating to the public lands, after ervations in Oretain military resappraisement, to the highest bidder, and at not less than the appraised gon. value, nor at less than one dollar and twenty-five cents per acre, the United States military reservations at Forts Lane and Walla-Walla, in the State of Oregon; Fort Zarab, in the State of Kansas; Camp McGarry, in the State of Nevada; Fort Sumner, in the Territory of New Mexico; Forts Jessup and Sabine, in the State of Louisiana; Fort Wayne and Forth Smith, in the State of Arkansas; such portion of the Fort Abercrombia reservation as lies east of the Red River of the North; and such portions of the reservation at Fort Bridger, in the Territory of Wyoming. Wyoming, as may no longer be required for military purposes: (a) Pro- Reservations rided, That the Secretary of the Interior shall, whenever in his opinion may be subdivid the public interests may require it, cause any of the foregoing reserva- ed into forty-acre tions, or part thereof, to be subdivided into tracts less than forty acres lots. each, or into town lots: (b) And provided also, That each subdivision Public auction. shall be appraised and offered separately at public outcry, to the highest bidder, as herein before provided, after which any unsold land or lot shall be subject to sale at private entry for the appraised value, at the proper land office: (c) And provided further, That should there be improvements of buildings, or of building materials, or other valuable property, the Secretary of the Interior shall have them appraised; and no patent shall issue for the real estate until the improvements are paid, Patent not to for, at the appraised value thereof, under such regulations as may be issue until, &c. prescribed by the said Secretary. (a) See Nos. 2308, 2309, 2310. (b) See Nos. 2230, 2239, 223, 2291, 2310. (e) See Nos. 2233, 2235, 2239, 2286, 2288, 2291, 2310, 2313, 2316. tracts or town Private entry. No. 2306.-AN ACT to create a new land district in the Territory of Washington. March 3, 1871. ritory establish Be it enacted, &c., That all the public lands in the Territory of Washington lying east and north of the following boundaries shall constitute Walla Walla a new land district, to be called the Walla-Walla district, to wit: Begin- land district in ning on the boundary line between the United States and the British Washington Ter possessions, on the summit of the Cascade Mountains; thence southerly ed. along the line established by the first section of the act of May ten [six- Boundaries. teen], eighteen hundred and sixty, entitled "An act to create an additional land district in Washington Territory," to the line dividing townships ten and eleven north; thence east to the line dividing ranges nineteen and twenty east; thence south along said line to the Columbia River. receiver. SEC. 2. That the President be, and he is hereby, authorized to appoint, Register and by and with the advice and consent of the Senate, or during the recess thereof, and until the end of the next session after such appointment, Site of land a register and receiver for said district, who shall be required to reside Residence and at the city of Walla Walla until such time as the President, in his dis- pay. cretion, may remove the site of said land office from said city, be subject to the same laws, and entitled to the same compensation as is, or office may be may bereafter be, provided by law in relation to the existing land offices changed. and officers in said Territory. (a) (a) See Nos. 2233, 2235, 2286, 2288, 2293, 2294, 2316, 2319. No. 2307.—AN ACT to extend the benefits of the donation law of Septembertwenty. March 3, 1871. seven, eighteen hundred and fifty, to certain persons. Vol. 16, p. 583. [See OREGON, No. 2267.] |