Page:United States Statutes at Large Volume 24.djvu/582

 FORTY-NINTH CONGRESS. Sess. II. CHS. 368, 369. 1887. 549 station, to the extent: of one station for each ten miles of its road: Pro- Provico. véded, That the President of the United States may, in his discretion, _ require that the consent of the Indians to said right of way shall be d.C°““°* °fI“d" obtained by said railroad company, in such manner as he may prescribe, q:¥§dm“y b° "` before any right under this act shall accrue to said company. ` Sec. 3. That it shall be the duty of the Secretary of the Interior to tix Compensation. the amount of compensation to be paid the Indians for such right of way and materials, and provide the time and manner for the payment thereof, and also to ascertain anal fix the amount of compensation to be made individual members of the tribe for damages sustained by them by reason of the construction of said road; but no right of any kind shall vest in said railway company in or to any part of the right of way herein provided ibn- until plats thereof, made upon actual survey for the definite location of such railroad, and including the points for station-buildings, depots, machine-shops, side-tracks, turnouts, and water-stations, shall be tiled with and approved by the Secretary of the Interior, whose approval shall be made in writing, and be open for the inspection of any party _ interested therein, and until the compensation aforesaid has been ilxed and paid; and the surveys, construction, and operation of such railroad shall be conducted with due regard for the rights of the Indians, and in accordance with such rules and regulations as the Secretary of the Interior may make to carry out this provision. Sec. 4. That said company shall not assign or transfer or mortgage Not ussi%nabIe this right of way for any purpose whatever until said road shall be b°*`°¤> ¢>°¤¤P ¤¤i0¤· `completed: Provided, That the company may mortgage said franchise, Pmaim. together with the rolling-stock, for money to construct and complete M<>¤8¤g¤· said road: And provided further, That the right granted herein shall. be lost and forfeited by said company unless the road is constructed and Forfeited if not in running order across said reservations within three years from the ¤¤¢di¤¢b¤*¤¤Y¤¤·¤· passage of this aet, or if the consent of the Indians is required under the terms of the proviso to section two of this act, than within three years from the date when such consent shall be obtained, as provided in section two of this uct. Sm:. 5. That said railway company shall accept this right of way Condition. upon the expressed condition, binding upon itself, its successors and assigns, that they will neither aid, advise, ·nor assist in any effort looking towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is hereinbefore provided: Provided, That any violation of the condition mentioned in Promo. this section shall operate as as forfeiture of all the rights and privileges Y¤¤l¤¢i¤¤ ¢<>i'•>¤- of said railway company under this uct.fm' Sm:. 6. That Congress may at any time amend, add to, alter, or repeal this act. Sm:. 7. That this act shall bein force from its passage Approved, March 3, 1887. ¢KAP. 369.eAn act to provide for the expenses of certain Investigations. Mar. 3, 1887. Be it maded by the Senate and House of Representatives of the United States of America in Congress assembled, That there be appropriated out Senate. of any moneys in the Treasury, not otherwise appropriated, the sum A{>P1’<>1¤¥i¤§i°¤ of thirty thousand dollars, to be immediately available for the expenses f'" “"°“*‘$°“°“°· of investigations and inquiries ordered by the Senate at its present session. Approved, March 3, 1887.