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treaty of 1853, is imperatively demanded. For the purpose of carrying out the provisions of said treaties, an act of Congress, approved July 22, 1854, charged the surveyor-general of the Territory of New Mexico with the duty of ascertaining and reporting to Congress the origin, nature, and extent of all private claims within his district, the title to which were derived from the Spanish or Mexican Government. The provisions of this act were subsequently extended to the Territories of Arizona and Colorado, (now the State of Colorado.)

During the twenty-three years in which this law has been in force, the surveyor-general of New Mexico has reported to Congress for confirmation one hundred and twenty-seven of said claims, of which number seventy-one have been confirmed, leaving fifty-six now pending before that body for confirmation..

It is impossible to state accurately the number of these claims still remaining unsettled; but I think it is safe to state that there are at least one thousand, and, at the rate at which they have heretofore been settled and determined, it is impossible to foretell when the last of them will be finally adjudicated. In the mean time, a cloud is cast upon titles perfect in themselves, a strong incentive is offered for the manufacture of fraudulent title-papers, witnesses die or remove to parts unknown, the ancient records upon which the claims are based are lost or defaced, the difficulties in detecting frauds and determining the validity of titles are multiplied, and the probability that many fraudulent claims may escape detection is increased.

Many of these claims are for a given quantity of land, within much larger exterior bounderies, yet by the act above mentioned the larger quantity is held in a state of reservation until the grant is finally adjusted, and thus thousands of acres of valuable lands are kept out of the market for an indefinite period, and this, too, whether the claim is genuine or fraudulent.

Congress has no doubt acted wisely in refusing thus far to confirm any greater number of said claims. Some of those already confirmed have been found, upon final survey, to contain a quantity of land largely in excess of the quantity originally intended.

The same act which provided the present system of ascertaining and determining the validity of these claims also extended the public-land system to the Territory within which they are situated, and the conflict arising from the want of harmony between the two systems has been the cause of much difficulty and strife between the grant claimants and settlers. This is especially true in the Territory of New Mexico.

The complaints which have reached me during the last few months, growing out of the difficulties arising from these conflicting systems, induce me to most earnestly recommend the passage of an act providing for the appointment of a commission, with full power to hear and de termine the validity, subject to an appeal to the United States courts, of all the claims within the Territory named.

LAPSED LAND GRANTS.

I desire also to invite special attention to the fact that a large number of the grants of the public lands made to aid in the construction of railroads, and of various works of internal improvement, have expired by limitation.

The lands embraced within the limits of these grants have, in most cases, been withdrawn from sale and disposal by the government, and must necessarily remain in that condition until some action is taken to declare a forfeiture of the grant, and restore the lands to the public domain.

The Supreme Court of the United States has decided (see Schulenburg vs. Harriman, 21 Wall., page 44) that where a grant of land is made, and acquires precision by definite location, so that the right to specific tracts vests in the grantee, it will continue until some legislative or judicial action is taken to declare a forfeiture, notwithstanding the time prescribed for the performance of the conditions subsequent may have expired.

A less expensive and more expeditious mode of disposing of these lapsed grants would be to authorize the Land Department, by an act of Congress, under proper restrictions and limitations, to take possesson of the lands in the name of the United States, and declare them subject to sale and disposal after a proper notice by publication.

SURVEYS.

I respectfully invite attention to the [recommendations made by the Commissioner of the General Land Office concerning the surveys of public lands. He suggests: "1. The consolidation of all the offices of surveyors-general into one, which shall be located in Washington. 2. The abolition of the contract system. 3. The appointment of a surveyor-general of the United States, who shall be authorized to appoint as many assistants as may be required to make the surveys as fast as may be deemed necessary or provided by law."

I fully concur with the Commissioner in these recommendations. It is the experience of this department that the present system of conducting surveys has proved to be an extensive machinery for spending appropriations without a corresponding benefit to the country. Large sums have been wasted in laying out the desert into small farm-lots. A reorganization of this branch of the service, for reasons of economy as well as to facilitate a more direct supervision of the work done, appears very desirable. The presentation of the subject in the report of the Commissioner is respectfully commended to the consideration of Con

gress.

RAILWAYS.

The facts and figures herein set forth are compiled from the annual reports of the companies.

The capital stock of the Union Pacific Railroad Company amounts to $36,762,300, and has all been paid in. Certificates for full-paid stock

to the number of 367,450 shares, of $100 each, have been issued, and are outstanding. The receipts for the year ending 30th June, 1877, were, from transportation of passengers, $4,237,952.58; of freight, $8,036,621.87; and from miscellaneous sources, $1,444,769.37; total, $13,719,343.82. These figures include "the amounts earned from, but withheld by, the United States, for transportation of its passengers, freight, and mails." The expense of operating the road for the year, was $5,402,252.24; leaving net earnings, $8,317,091.58. The constructionaccounts of the company, including some unsettled accounts with contractors, show the cost of the road at $117,334,256.10. The total funded indebtedness (including the government loan of $27,236,512) of the company is $78,733,712.

The amount of stock of the Central Pacific Railroad Company subscribed is $62,608,800, of which $54,275,500 has been paid. The receipts for the year ending 30th June, 1877, from transportation of passengers, were $5,563,870.07; and of freight, $10,095,349.87; total, $15,659,219.94. The operating expenses of the road for the year were $8,326,614.21 ; leaving net earnings to the amount of $7,332,605.73. At the close of said year the indebtedness of the company amounted to $94,339,500.01; of which $27,855,680 is due to the United States. This company embraces, by consolidation, (besides the original Central Pacific Company,) the Western Pacific, the California and Oregon, the San Francisco, Oakland, and Alameda, and the San Joaquin Valley Companies.

Stock of the Central Branch Union Pacific Railroad Company to the amount of $1,000,000, has been subscribed, of which $980,600 has been paid. The receipts for the year ending June 30, 1877, were, from transportation of passengers, $40,401.88; and of freight, $149,947.84; total, $190,349.72. The amount expended in said year for running expenses and repairs, was $180,467.72; leaving net earnings $9,882. The road and fixtures have cost $3,763,700. The company's indebtedness, in addition to the government loan, and first mortgage of $1,600,000, and interest unpaid, is $60,000.

The amount of stock of the Kansas Pacific Railroad Company allowed by law is $10,000,000. Of this $9,689,950 has been subscribed and paid. The receipts for the year ending June 30, 1877, were: From transportation of passengers, $967,969.80; of freight, $2,032,361.36; miscellaneous, $18,700.30; total, $3,019,031.46. Total expenses for the year, $1,674,140.42; leaving net earnings, $1,344,891.04. The cost of construction and equipment of 673 miles (main and branch line) is $34,359,540.66. The funded debt of the company is $28,589,100, of which $6,303,000 is due to the United States. There are other liabili ties to the amount of $3,115,698.79, making the entire debt $31,704,798.79. The earnings and expenses, as given in this statement, from July 1, 1876, to November 20, 1876, are taken from the books of the company; those from November 21, 1876, to June 30, 1877, are taken from the books of the receivers. The road went into the hands of receivers on the

20th November, 1876.

Stock of the Sioux City and Pacific Railroad Company to the amount of $4,478,500 has been subscribed, of which $1,791,400 has been paid. The receipts for the year ending 30th June, 1877, from transportation of passengers, were $86,033.11; of freight, $205,898.36; from express, $2,784.71; and from miscellaneous sources, $5,831.21; total, $300,546.39. The expenses of the road and fixtures during said year were $285,366.64, leaving net earnings, $15,179.75. The bonded indebtedness of the company is $3,256,320, of which $1,628,320 is due to the United States. The floating debt is $69,955.29.

Stock of the Southern Pacific Railroad Company, of California, to the amount of $38,122,000 has been subscribed, of which $36,763,900 has been paid. The amount received for transportation of passengers for the year ending 30th June, 1877, was $1,646,693.49; of freight, $1,883,900.46; total, $3,530,593.95. The expenses of the road and fixtures for said year, were $1,724,174.41, leaving net earnings $1,806,419.54. The bonded indebtedness of the company is $29,300,000. The construction of additional portions of this road has steadily progressed since the date of the company's last annual report. There have been constructed and brought into operation during the year ending 30th June, 1877, 253.78 miles. This whole distance has been laid with steel rails, weighing not less than 50 pounds per linear yard. The company now has in operation 711-95 miles of road. On the 25th of January last, your predecessor accepted 20 miles of this road, beginning at Goshen and running in a westerly direction; on the 21st February last, he accepted another section of 20 miles, beginning at a point in the N. E. of section 2, T. 19 S., R. 20 E., Mount Diablo base and meridian, and running in a southwesterly direction; and on the 2d March, he accepted 78.59 miles, beginning at a point in the N. W. of section 3, T. 2 N., R. 15 W., San Bernardino base and meridian, and running northerly.

The Northern Pacific Railroad Company was reorganized on the 29th of September, 1875, under a plan which had been adopted by the holders of the company's bonds, and under which the company's mortgage was foreclosed. On the 12th of August preceding, all the company's property and franchises were sold under a decree of the United States district court for the southern district of New York, and purchased by a committee of the bondholders for the account of all the holders of the company's bonds and stock, pursuant to the provisions of said plan. Thisplan of reorganization, approved and confirmed by the said district court, provided for the conversion of the outstanding bonds of the company into "preferred stock," and its stock into "common stock." Up to June 30, 1877, there had been issued of preferred stock to bondholders who had surrendered their bonds for conversion, and also in settlement of claims and salaries, the amount of $36,609,245.95. Of common stock, there had been issued, to the same date, 139,453 shares, of $100 each. The company is operating 450 miles of its road from Duluth, at the west end of Lake Superior, to Bismarck; 105 miles from Kalama to Tacoma, Washington Territory; and 17 miles from Tacoma toward Wilkeson, 31 miles from Tacoma, to which point

it was expected that the road would be finished by the 20th October; and which, the president of the company informs me, is now completed. The road is definitely located from the mouth of Heart River, on the Missouri, to the mouth of Glendive Creek, on the Yellowstone, a dis tance of 205 miles. Between the last-named point and the junction of the Deer Lodge and Little Blackfoot Rivers, Montana Territory, the line has not been definitely fixed, though it will probably follow the Yellowstone as far as the mouth of Porcupine Creek, a distance of 200 miles from the mouth of Glendive Creek. In Washington Territory the branch and main line both terminate at Tacoma, on Puget Sound. The cost of surveys during the year ending 30th June last was $11,785, making the total cost of surveys $1,124,728.55. This includes the pur. chase of the right of way. The amount received from transportation of passengers for the year ending 30th June, 1877, was $283,915.78; of freight $663,203.05; from miscellaneous sources $63,930.60; total $1,011,049.43. The operating expenses for the year were $477,451.40 ; leaving net earnings $533,598.03. The total cost of construction and equipment of the road to that date was $19,421,977.56. The company's indebtedness to said date was $309,720.81. As an offset to this debt the company had bills receivable, balances due from other railroad and transportation companies, and from the United States, $229,100.54 ; leaving a net indebtedness of $80,620.27.

Stock of the Atlantic and Pacific Railroad Company to the amount of $19,760,300 has been subscribed and paid. This company's railroad is completed, with the telegraph line, from Pacific, Mo., to Vinita, Indian Territory, a distance of 327 miles, and there has been no further construction of the company's line since its report of June 30, 1876. The cost of the surveys of the road to June 30, 1877, is $323,927.36. That portion of the road lying in the State of Missouri was, on the 8th of September, 1876, sold to the Saint Louis and San Francisco Railway Company, with all its franchises, equipments, and other property pertaining thereto, by the foreclosure of the second mortgage thereon, and the latter company has been operating the part of said road lying west of the State of Missouri since that time. Hence there have been no receipts from passengers or freight by said Atlantic and Pacific Railroad Conpany to report. The cost of the road and fixtures is $37,368,789.64. The bonded indebtedness for which the company remains liable is the first-mortgage railroad and land-grant bonds.

Stock of the Texas and Pacific Railway Company to the amount of $50,000,000 is authorized by law, of which $7,483,400 has been issued. The receipts for the year ending 30th June, 1877, were, from transportation of passengers, $531,385.27; of freight $1,468,694.63; from express $20,323.37; mail $31,035; telegraph $14,494.32; miscellaneous $4,706; total $2,070,638.59. The expenses for said year were, for conducting transportation $442,170; motive power $310,476.44; maintenance of way $444,105.96; maintenance of cars $135,484.79; general expenses $49,749.37; total $1,381,986.56; leaving net earnings $688,652.03. The

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