Page:United States Statutes at Large Volume 25.djvu/137

 FIFTIETH CONGRESS. Sess. I. Ch. 192. 1888. 91 ary thereof; also through the Red Lake unceded Indian lands in the State of Minnesota, and through the unsurveyed lands belonging to the United States adjoining the northwestern boundary thereof. Sec.  That the line of said railroad shall extend from the city of L·=>¢¤*i¤¤ <>f r<>¤¢i· Duluth, by the most convenient and practicable route, in a northwesterly direction, through the counties of Saint Louis and Itasca, to the mouth of Rainy Lake River, south of the “Lake of the Woods," and at or near the boundary ost on the highlands opposite to what is known as the Forte Louise Reserve, on the Canadian side; thence northwesterly to or near the mouth of War Road River, thence southwesterly or westerly through the counties of Beltrami, Kittson, and Marshall, in the State of Minnesota, to the Red River of the North. Sec. 3. That the right of way through the said Bois Forte Indian Reservation and Red Lake unceded Indian lands, and the unsurveyed lands thereto adjoining. hereby granted to said company, shall be seventy-five feet in width on each side of the central line of said rail- Widthroad as aforesaid; and said company shall also have the right to take from said lands adjacent to the line of said road material, stone, earth, and timber necessary for the construction of said railroad, also ground adjacent to such right of way, for station buildings, depots, S“*‘*°“S· yards, machine—shops, side-tracks, turn-outs, and water-stations, not to exceed in quantity three hundred feet in width and three thousand feet in length for each station, to the extent of one station for each ten miles of its road, except at its oint at the mouth of Rainy Lake River aforesaid, in which case said) company shall have the right to take eighty acres for station buildings, depots, ards, machine—shops, side-tracks, turn-outs, and water-stations, and] for other purposes: Provided, That the consent of the Indians to said right of way shall of kdm; be obtained by said railroad company, in such manner as the Presi— °° dent may prescribe, before any right under this act shall accrue to V said company. Sec. 1. That it shall be the duty of the Secretary of the Interior C°¤*P*‘>¤S¤*i<>¤· to Hx the amount of compensation to be paid the Indians for such right of way and lands, and provide the time and manner for the payment thereof, and also to ascertain a11d fix the amount of comensation to be made to individual members of the several tribes or hands for damages sustained by them b 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 for _ unti plats thereof, mat e upon actual survey for the definite location of *“"°*'· such railroads, and including the points for station buildings, depots. ards, machine-shops, side-tracks, turn-outs, and water-stations, shall he tiled with and approved by the Secretary of the Interior, which approval shall be made in writing and be open for the inspection of any party interested therein ; and until the compensation aforesaid has been fixed and paid; and the surveys and 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. 5. That said company shall not assign or transfer or mortgage mN_¤;*e;¤§f)¤Pab¤€ ¤¤· this right of way for an ’ purpose whatever until said road shall be °° p u` completed: Provided, That the company may mortgage said fran- Qgggée chise, together with the rolling—stock, for money to construct and V ' complete said road : And proirided jlzrfher, That the right granted c,§,§’,§‘fQ{‘§,',§‘?*m°“““d herein shall be lost and forfeited by said company unless the road is constructed and in running order within two years from the passage of this act. Sec. 6, That said railway company shall accept this right of way Terms of accvvv upon the express condition, bint ing upon itself, its successors, and mm` assigns, that it will neither aid, advise, nor assist in any effort look-