페이지 이미지
PDF
ePub

of land on each side of the railroad tracks, as marked on the official map of the town. The reservation as so defined is of irregular width, ranging from about 175 feet at the west end to 240 feet at the east end of the town site, and for a distance of about 4,000 feet.

Fifth, on December 21, 1877, the Central Pacific Co. conveyed to Charles Crocker the SW. of the SW., sec. 3, T. 37 N., R. 62 E., at Wells Station, reserving for right of way approximately 120 feet on the north side of the track, and approximately 100 feet on the south side of the track.

These five instances constitute the only case where the Central Pacific Co. has conveyed any part of the granted right of way situated upon and along its operated line of railroad.

The Central Pacific Railroad under the acts of Congress of 1862 and 1864 was granted rights of way on the public domain in the State of Nevada for a width of 400 feet. In addition thereto, it was granted odd-numbered sections for 20 miles on each side of said right of way. At that time there were practically no settlements along such right of way, but it was natural that towns would spring up along the railroad.

The Central Pacific Railroad Co., directly through certain subsidiary companies and associations mentioned in the act, laid out town sites at various places in the State of Nevada on its odd-numbered sections.

Some of these town sites as laid out embraced a part of the right of way, but in no case to exceed 100 feet.

After these town sites were laid out, the town lots were sold and buildings erected thereon. In course of time these towns grew and extended beyond the odd-numbered sections and also continued to extend over the right of way to the same extent as on the oddnumbered sections.

This was done with the knowledge and consent of the railroad company. Later, by decision of the Supreme Court of the United States, it was determined that the railroad company had no authority to dispose of town lots upon any portion of the right of way. Subsequent to this, the property of the Central Pacific Railroad was leased by the Southern Pacific Railway Co.

The Southern Pacific Railway Co., without confirmation or authority from Congress, refused to recognize the right of the lot owners to occupy any portion of the right of way which had been sold, or upon which buildings had been constructed with the permission of the Central Pacific Railroad.

The committee adopted the following statement as their view on this particular substitute and the action of the said railroad companies as it relates to transfers of rights of way under the various acts of Congress, as follows:

That this act is expressly intended to and does cover only the towns or cities named in section 1 hereof within the State of Nevada, and is not intended as and for a precedent for any other illegal and attempted conveyance of either or any of said companies named in this act, and by reason of the further fact that said named five towns or cities are located on odd-numbered sections, which sections, under the act of Congress of July 1, 1862, and acts of Congress amendatory thereof or supplemental thereto, were of the land granted to said companies with the right-of-way exception. That for all other violations of said right-of-way grants the title of said companies, and each and all of them, to said right of way granted by said acts of Congress ought to be, and should be, forfeited to the United States for a plain violation of the expressed provisions of said grant.

It has attained usurped authority and right of possession to all of the right of way, including all lots that were sold upon the same,

thereby casting a cloud upon the title of such lot owners, which destroys the market value of such property.

Under similar circumstances other railroads have instituted suits to eject the occupants on portions of their rights of way, and similar action is feared with regard to occupants on portions of the right of way within the five towns named.

There is no one involved in the legislation of this bill except the railroad company, the Government, and owners of the lots set forth in said substitute, also the towns and citizens thereof, so far as the rights of streets, roads, and alleys are involved and concerned in said five named towns.

By reason of the threats of the railroad company to institute ejectment proceedings an emergency exists-the residents of said towns can escape irreparable damage only through the passage of this substitute.

The committee in considering this substitute realizes the emergency and the rights of citizens of these five towns, who are lot owners within this right of way, as well as that of the towns, as it relates to streets, roads, and alleys, and, so far as the committee is concerned, it does not intend, nor is this substitute intended, as a precedent for any legislation by it on behalf of either or any of the railroad companies named in the substitute or otherwise in confirmance or validation of unlawful and illegal transfers or attempted transfers of land within the limits of the right of way under the grants of Congress except as in this bill specially provided.

Your committee have taken into consideration in reporting this substitute the peculiar conditions surrounding the lot owners and the rights of streets, alleys, and roads within the five towns or cities named within the State of Nevada named in the substitute, and by reason of and on account of such conditions and not otherwise, have recommended and do recommend that the substitute do pass.

[ocr errors]

USELESS PAPERS IN DEPARTMENT OF LABOR.

MARCH 1, 1915.-Ordered to be printed.

Mr. TALBOTT of Maryland, from the Joint Select Committee on Disposition of Useless Executive Papers, submitted the following

REPORT.

[To accompany H. Doc. 1530.]

The joint select committee of the Senate and House of Representatives, appointed on the part of the Senate and on the part of the House of Representatives, to which were referred the reports of the heads of departments, bureaus, etc., in respect to the accumulation therein of old and useless files of papers which are not needed or useful in the transaction of the current business therein, respectively, and have no permanent value or historical interest, with accompanying statements of the condition and character of such papers, respectfully report to the Senate and House of Representatives, pursuant to an act entitled "An act to authorize and provide for the disposition of useless papers in the executive departments," approved February 16, 1889, as follows:

Your committee have met and, by a subcommittee appointed by your committee, carefully and fully examined the said reports so referred to your committee and the statements of the condition and the character of such files and papers therein described, and we find and report that the files and papers described in the report of the Acting Secretary of Labor in House Document No. 1530, Sixty-third Congress, third session, dated January 28, 1915, are not needed in the transaction of the current business of such departments and bureaus and have no permanent value or historical interest. Respectfully submitted to the Senate and House of Representa

tives.

J. FRED. C. TALBOTT,

PATRICK H. KELLEY,

Members on the part of the House.
CARROLL S. PAGE,

HARRY LANE,

Members on the part of the Senate.

H R-63-3-vol 1- -54

O

AGRICULTURAL APPROPRIATION BILL.

MARCH 1, 1915.-Ordered to be printed.

Mr. LEVER, from the Committee on Agriculture, submitted the

following

REPORT.

[To accompany H. R. 20415.]

The Committee on Agriculture, to whom was referred the bill (H. R. 20415) making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1916, with the Senate amendments thereto, having considered the same, report thereon with a recommendation that the House agree to the amendment of the Senate numbered 89, with an amendment as follows:

In lieu of the matter proposed, insert:

That the short title of this act shall be "The Federal farm loan act," and its administration shall be under the control and direction of the Federal farm loan board created under the terms of this act.

DEFINITIONS.

Sec. 2. That wherever the term "first mortgage" is used in this act it shall be held to include such classes of first liens on real estate as shall be approved by the Federal farm loan board, and the credit instruments secured thereby.

FEDERAL FARM LOAN BOARD.

Sec. 3. That a Federal farm loan board is hereby created which shall consist of three members, including the Secretary of the Treasury and the Secretary of Agriculture, who shall be members ex officio, and a farm loan commissioner appointed by the President of the United States, by and with the advice and consent of the Senate. Said farm loan commissioner shall be a citizen of the United States, and shall devote his entire time to the business of said Federal farm loan board. He shall receive an annual salary of $7,500, payable monthly, together with actual necessary traveling expenses, and shall

« 이전계속 »