In 1861 California by a general law enacted that any ten or more persons who
were subscribers to the stock of a contemplated railway through that state or any territory
contiguous might constitute a corporation for the purpose of owning and operation such a
railway. Under this provision, on December 2, 1865, the Southern Pacific Railroad
Company of California filed articles of incorporation. Its purpose was stated to be the
construction of a railway from San Francisco to San Diego, thence to the western line of
California, where it would connect with a contemplated line to the Mississippi. The road
had already, during 1863 and 1864, built some 50 miles of line.
It was this company that Congress, by the act of 1866 incorporating the Atlantic
and Pacific, authorized to construct
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a branch to San Francisco and upon which it bestowed a large grant of public lands. The
railway was unable to live up to the time requirements set by Congress and in July, 1868,
an act was passed extending time for construction. Thus it was given until July 1, 1870,
to construct the first thirty miles and was required to built a minimum of only 20 miles
each succeeding year. During 1868 the company built only 15.8 miles; in 1869, 36.5
miles; and none at all the following year.
In 1870 the Southern Pacific of California had only 80 miles of line, extending
from San Francisco to Gilroy. In that year, however, it consolidated with three short
California roads, with a view to constructing from Tehachapi to the Southeastern
boundary and a branch from Tehachapi Pass to the Colorado near Mojave; in 1874 the
Los Angeles and San Pedro was added; and on June 30, 1875, the Southern Pacific
Railroad Company (incorporated Dec. 18, 1874) had some 342 miles of road.
Now it should be remembered that the Southern Pacific Railroad Company of
California as incorporated was to have proceeded via San Diego; but when, in 1867, the
company filed its map of the route to the Colorado river for the purpose of securing the
grant of public lands under the act of 1866 it did not touch San Diego. It took a more
direct route by way of Mojave. Lands were withdrawn, however, to the amount of some
seven and one half million acres. Suit was brought to have the withdrawal set aside, and
in 1868 and 1869 the secretary of the interior suspended the withdrawal of lands. The
matter was practically settled on June 28, 1870, when Congress by joint resolution
declared that "the Southern Pacific Railroad Company of California may construct its
road and telegraph line as near as may be on the route indicated by the map filedä in
1867. So the railway won and was placed in a position to intercept the coast-ward march
of the Atlantic and Pacific.
The next important appearance of the Southern Pacific before Congress led to
similar results. In 1871, the act chartering the Texas Pacific Railroad Company provided
ãthat, for the purpose of connecting the Texas Pacific Railroad with the city of San
Francisco, the Southern Pacific Railroad of California is hereby authorized (subject to the
laws of California) to construct a line of railroad from a point at or near Tehachapi Pass,
by way of Los Angeles, to the Texas and Pacific road at or near the Colorado.ä The
grants and conditions being the same as in the act of 1866. Thus the Southern Pacific
again profited by Congressâ generosity, and at the same time strengthened its strategic
position in the transcontinental situation; it occupied the western termini, and, through the
act expressly stipulated that the rights of the Atlantic and Pacific and other roads were to
remain intact, these were merely paper and of little avail against tangible occupation-
especially when Stanford was in Congress, Huntington in Frisco, and the two all but ruled
California.
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Congress in 1875-76 resolved to inquire if the Southern Pacific had a right to
lands in California, its route having been changed from that designated, but nothing seems
to have come of it.
Meanwhile construction was being pushed; by June 30, 1876, the Southern Pacific
Railroad Company could report a total of 711 miles; and in May, 1877, the California line
was reached. Then in 1879 construction on the Southern Pacific of Arizona was begun in
earnest, 182 miles being built that year, and by the close of 1880 its mileage equaled 293.
The Southern Pacific of New Mexico carried the road across the southern most extremity
to that territory, over the Rio Grande, to El Paso, Texas. Ninety-two miles east of this
point, at Sierra Blanca, the Southern Pacific joined hands with the Texas and Pacific, in
1882. This was the second transcontinental route.
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Russell Crump
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