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Although the Central Pacific Railway ordered equipment and vehicles after the Order, Senator Harlan, of Iowa, introduced a bill in the Senate on January 24, 1863 to overrule President Lincoln in favor of the wealthy northeast railroads. This was referred to the Select Committee for the Pacific Railway, but they excused themselves from the task. It then fell in the hands of the general Senate. The northeast won in the Senate with a vote of 26 to 9 on February 9, 1863. It went to the House and was passed without debate on March 2, 1863. This resulted in one of the shortest laws in US statutes, consisting of one sentence stating the railway would be four feet eight and one-half inches in gauge.

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