Page:United States Statutes at Large Volume 24.djvu/395

 362 FORTY-NINTH CONGRESS. Sess. II. Ch. 26. 1887. ditional ground where there are heavy cuts or illls as may be necessary for the con traction and maintenance of the road—bed, not exceedmg one·lumdred.tbet in width on each side of said right of way, or as much P"”`*"°'· thereof as may be included in said cut or llll: Provided, That no more S°°**°¤•· than said addition of land shall be taken for any one station : Provuled Lend *° b? ****1 further, That no part of the lands granted shall be used except in such QQ? f" “‘l"“y’ manner and for such purposes only as shall be necessary for the con- " pm-Pow.' struction and convenient operation of said railroad and telegraph and telephone lines; and when any portion thereof shall cease to be so used ‘ such portions shall revertto the tribe or tribes of Indians from which the same shall have been taken, or, in case theyshall have ceased to occupy the same, to the United States: And provided further, That beconsent or In- fore any such lands shall be taken for the purposes aforesaid the cou- 6***** *° l>°°l>¤i¤· sent of the Indians thereto shall be obtained in a manner satisfactory °d‘ to the President of the United States. .p,,m,‘,_ Sm. 3. That before said railway shall be constructed through any lands held by individual occupants according to the laws, customs, and usages of any of the Indian tribes through which it may be constructed, full compensation shall be made to such occupants for all property to be taken or damage done by reason of theconelsruction ofsuch railway, the amount ot such compensation to be ascertained and determined in such manner as the Secretary of the Interior may direct, and to be sulgiect to his tual-approval. ` Maps to be mea Sec. _4. That said company shall cause maps showing the route of its E"} §°°!'°*·“>' °f located line through and station grounds upon said Indian reservation ° " °"°" to be filed in the omce of the Secretary of the Interior, and that said location shall be approved by the Secretary of the Interior before any grading or construction on any section or part of said located line shall · pmmo. be begun : Provided, That said railway shall be located and constructed mgntsotrhdnms with a due regard for the rights of the Indians, and especially so as not _ mmpioyessmre- Sec. 5. That the onicers, servants, and employees_ of said company ¤¤<l° °¤ **8*** °f necessary to the construction and management of said road shall be ‘"" allowed to reside while so engaged upon said right of way upon the lands herein granted, but subject to the provisions of the Indian intercoume laws, and such rules and regulations 'as may be established by the Secretary of the Interior in accordance with the said intercourse laws. Survey may he- S20. 6. That said railway company shall have the right to survey and 2i¤ ¤¤¤¤¤di¤¤=lF· locate its railway immediately after the passage of this act. To be completed Ssc. 7. That said railway company shall build its entire line through Wirhirr we Sem- said reservation within two years alter the passage of this act, or this grant shall be forfeited as to that portion not built; and that said rail- Fences, bridges, way company shall tence, and keep fenced, all such portions of its road ste. as may run through any improved lands of the Indians, and also shall construct and maintain continually all road and highway crossings and necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway’s right of way, or may be by the proper authorities laid out across the same. Indians promo- S20. 8. That said railway company shall prohibit the riding by Iniied frem ridi¤g· dians belonging to said reservation upon any of its trains, unless spe. cially provided with passes signed by the Indian agent, or by some one duly authorized to act in his behaltl Bond to be sx. Sec. 9. That said railway company shall execute a bond to the United ecut•;d_ and filed States, tobe tiled with and approved by the Secretary of the Interior, in the ":'{‘£;:’:‘;‘}. dig: penal sum of ten thousand dollars, for the use and benelit of the Pima 58;and Maricopa tribes of Indians, conditioned for the due payment of any and all damages which may accrue by reason of the killing or maiming of any Indian belonging to said tribes, or either of them, or of their live stock, in the construction or operation of said railway, or by reason of tires originating thereby; the damages in all cases, in the event of tailure by the railway company to eftect an amicable settlement with the
 * ° N *°8*·¤*°d- to interfere with their irrigating ditches.