west end of Lake Superior, and to Bayfield, by virtue of an act of Congress, entitled "An act granting a portion of the public lands to the state of Wisconsin, to aid in the construction of railroads," approved June 3d, 1856, together with all and singular the rights, privileges and immunities conferred or intended to be conferred by the said act of Congress, are hereby granted to the said La Crosse and Milwaukee railroad company; Provided, That Proviso. the said land shall be exclusively applied in the construction of that road, for which it was granted and selected, and shall be disposed of only as the work progresses, and the same shall be applied to no other work whatever; And Provided further, That the title to said lands shall Proviso. vest in the said La Crosse and Milwaukee railroad company, in the manner following, that is to say, whenever twenty continuous miles of the said road shall have been completed, so as to admit of running regular trains on the same. The governor of this state shall certify to the secretary of the interior, the fact that such twenty continuous miles of such roads are completed as aforesaid, then the title to two hundred and forty sections of said land shall vest in the said La Crosse and Milwaukee railroad company; and when a second twenty continuous miles of said road shall have been completed, so as to admit of running regular trains on the same, the governor shall certify as above, and thereupon a further quantity of one hundred and twenty sections of said lands shall vest in said company, and so from time to time antil said roads are completed. And it shall be the duty of the governor so to certify to the secretary of the interior whenever any such twenty miles are completed, so as to admit of running of regular trains of cars over the same. And the governor of the state shall, in his official capacity, and in behalf of the state, and under the great seal thereof, execute and deliver to the La Crosse and Milwaukee railroad company, whenever it shall by virtue of the provisions of this chapter, be entitled to any of said lands, a deed in fee simple of any and all the lands to which said company shall be entitled. Provided, That Proviso. said company shall not sell any of said lands until twenty miles of said road shall be completed, so as to admit of running regular trains over the same, and so on from time to time, so that the sales of land by said company shall never exceed six sections of land for every mile of said road so completed.

Location of route, &c.

taxes.

1

SEO. 5. The location and designation of the route an line of the said roads, shall be made by the said La Cross and Milwaukee railroad company, and the same sha from time to time, and as fast as practicable, be reporte to the governor of this state. The selection of lands pr vided for in the act of Congress herein mentioned, shal be made by such agents as may be appointed by the g vernor of this state. Said selection, as well as the survey location and completion of said roads, and the compensa tion of such agents, shall be at the cost and charge said company, without charge of any kind upon the trea sury of the state of Wisconsin. Said railroads which shal be constructed by the application of funds derived from the lands herein granted, shall be and remain public highways for the use of the government of the United States, free from any toll or other charge upon the trans portation of property or troops of the United States; and the United States mail shall be transported over sai roads under the direction of the Post Office Department as provided in said act of Congress.

Shall pay anSEO. 6. In consideration of the grants, privileges and nually to the state a certain franchises herein conferred upon the said La Crosse and sum in lieu of Milwaukee railroad company, for the purposes aforesaid the said company shall, on or before the first day of March, in each year, pay into the treasury of the state such sum as it is by the existing laws of the state required to pay, in place of taxes upon its road so constructed, of which it may hereafter construct under the present char ter, and in addition thereto, it shall pay into the treasury of the state, on or before the first day of March in each year, four per centum on the gross earnings of said road to be built by said company, in pursuance of the power and authority conferred by this act for the year ending on the last day of the preceding December, in place of taxes on that portion of its said railroad so to be constructed; and for the purpose of ascertaining the gross earnings aforesaid, an accurate account of such earnings shall be kept by said company, an abstrac whereof shall be furnished by said company to the trea surer of this state, on or before the first day of Feb ruary, in each year; the truth of which abstract shall To furnish to be verified by the affidavits of the treasurer and secre tary of the said company, and for the purpose of ascer taining the truth of said affidavits and the correctnes of such abstracts,, full power is hereby vested in the

state treasurer

an abstract of

earnings, &c.

vernor of this state or any other person appointed may be by law prescribed, to examine the books d papers of said company, and to examine under oath officers, agents and employees of the said company d other persons, and if any person so examined by the vernor or other authorized person, shall knowingly or lfully swear falsely, concerning the matter aforesaid, ery such person is hereby declared to have committed rjury. And for securing to the state the payment of aforesaid per centum, it is hereby declared that the te shall have a lien upon the railroad of the said comny, and upon all other property, estate and effects of d company, whether real, personal, or mixed, and the

hereby secured by the state shall take and have pre- Lien on road lence of all demands, decrees and judgments, against by state. said company. The first payment shall be made on

first day of March next, after fifty miles of said road all be completed, and such payment shall be in lieu and full of all claims of the state for the grant hereby de; and in consideration of such annual payment, the d company shall be forever exempt from all assess

nts or taxes whatever by the state, or by any county, Exempt from rn, city, village or other municipal authority in the assessments te, (except special taxes for the improvement of streets and taxes. sidewalks) upon all stock in the said La Crosse and lwaukee railroad company, whether belonging to said npany or to individuals, or any of its franchises, or es 3, real, personal, or mixed, held by said company, and essary for the operating of said railroad, and said lands inted by said act of congress, and hereby authorized to conveyed to the La Crosse and Milwaukee railroad npany, shall be exempt from all taxation under or by tue of the laws of this state, for the period of ten years er the passage of this act, unless sooner sold, conveyed leased by the said La Crosse and Milwaukee railroad. mpany, and the state shall have a prior lien upon the d of said company, and all the appurtenances and ck thereof, for all dues that may accrue to the state m said corporation as herein provided, which lien of state shall take precedence of all demands, judgments lecrees against said corporation.

SEC. 7. Within five years after the title of such lands Sale of lands 11 become vested in the said railroad company, the remaining upo he, if any shall remain unsold, shall be offered for sale

Transportation

Capable of holding lands and disposing of game.

company.

in limited quantities at fair prices, preference being given to actual settlers.

SEO. 8. The said La Crosse and Milwaukee railroad company shall have full power and authority to transport persons or property in boats, vessels, barges, or other water crafts, on any navigable water which any portion of their railroad may run to, or connect with, and to receive and collect reasonable compensation for the same, and for that purpose may purchase or build, and own such vessels. boats, barges, or water crafts as it may require.

SEC. 9. The said La Crosse and Milwaukee railroad company shall be capable in law of taking and holding any lands granted by the government of the United States, or of this state, to aid in the construction of railroads, which shall be conveyed to said company by this act, or by deed, or by operation of law, and may also mortgage or pledge, or otherwise dispose of all their right, title and interest, claims or demands of, in or two any lands, or interest in lands, granted to said company, by this act, and in any other estate, real, personal, or mixed, of which they may be seized at the time of execution of such mort gage, or which they may acquire subsequent thereto, in such manner and on such terms as the directors may think proper.

May construct SEC. 10. In case the said La Crosse and Milwaukee road over route railroad company shall construct the railroad, which by of any other this act, it is authorized to construct, or any part of it, upon or over any route, upon or over which any other railroad company is authorized to construct a railroad, and upon or over which it has, prior to the passage of this act, actually surveyed or located its line of railroad, it shall be the duty of the La Crosse and Milwaukee rail. road company to settle with such railroad company, upon principles of justice and equity, for all its property and rights of property, which the said La Crosse and Milwau kee railroad company shall take, injure, or destroy; and the latter company shall pay to any such company, whose property or rights of property shall be thns taken, injured or destroyed, whatever the same is reasonably worth; such payment to be made in money, bonds, stocks, or lands, or in such other manner as said companies shall mutually agree, and if the said companies cannot mutually Compensation agree upon the amount of compensation to be made by to other com- the said La Crosse and Milwaukee railroad company, such other company, for the property and rights of pro

pany.

to

party, which said La Crosse and Milwaukee railroad com. pany shall, as aforesaid take, injure or destroy, then, and in that case, each of such companies shall select a disinterested engineer, and the two engineers so selected, shall choose a third person, and in case they cannot agree upon such third person, the governor shall appoint such third person; and the third person so selected, shall constitute a board of commissioners, whose duty it shall be to ascertain, determine and award the amount of compensation which the said La Crosse and Milwaukee railroad company ought, in justice and equity, to make to such other railroad company, for the property and rights of property which shall be so as aforesaid taken, injured or destroyed.

certain time,

&c.

SEO. 11. This act and all grants herein contained shall Shall accept cease and be void, unless the said La Crosse and Milwau- grant within kee railroad company shall accept of the same within five days after the passage of this act; and such acceptance shall be by a resolution adopted by the directors of said company, a copy of which, duly certified by the secretary of said company, under its corporate seal, within said period of five days from the passage of this act, shall be deposited in the office of the secretary of state; and in case the said La Crosse and Milwaukee railroad company shall violate the provisions of this act, the legislature may repeal this act, and may revoke all and singular the rights and franchises herein conferred, so far as the same has not been performed and fulfilled, and so far as the rights and privileges hereby granted have not become complete and absolute.

deemed for

SEO. 12. All property which the said La Crosse and Property taken. Milwaukee railroad company is authorized to appropriate, public use. take, possess, hold, use or enjoy, by making payment therefor, as is in this act provided, is hereby declared to be taken for public use so soon as the said company shall 80 appropriate, take, possess, hold or use the same.

SEO. 13. The capital stock of the La Crosse and Mil- Capital stock waukee railroad company is hereby increased two mil. increased. lions of dollars over and above its present capital, and within three months after the passage of this act, said company shall open books for subscription to such increased capital stock, after giving at least thirty days' notice thereof, in two newspapers, one published in the city of Milwaukee and one published in the city of Madison. Such books shall be opened in the city of Milwaukee, and shall be kept open for not less than three