Page:United States Statutes at Large Volume 25.djvu/394

 348 FIFTIETH CONGRESS. Sess. I. Ch. 716. 1888. Widw- Sno 2. That the right of way hereby granted to said company shall be seventy-five feet rn width on each side of the central line of said railroad 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 nunumgs, ew. ground ad `acent to such right of way for station-buildings, depots, machine-sllops, side-tracks, turn-outs, and water—stations, not to ex- . ceed in amount three hundred feet in width and three thousand feet in length fora each station, to the extent of one station for each ten miles of roa. 0*¤¤P°¤·¤·'i¤¤- Sec. 3. That it shall be the duty of the Secretary of the Interior to fix the amount of com ensation to be paid the Indrans for such right of way, and provide the time and manner for the payment thereof, and also to ascertain and 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 P1¤¤¤.b¤¢¤-. ¤¤b¤¤r; way herein provided for until plats thereof, ma e upon actual sur- ° vey for the definite location of such railroad, and including the points for station-building, de ots, machine-shops, side-tracks, turn-outs, and water-stations, shallllve filed with and approved by the Secretary of the Interior, which approval shall be made in writing and be open for the inspection o an party interested therein, and until the compensation aforesaid has been xed and paid; and the surveys, construction, and operation of such railroad s all 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 hmm. . carry out this provision: Profvided, That the consent of the Indians °°"’°"° °’ I"‘°"“ to said right of way shall be obtained by said railroad company in such manner as the Secretary of the Interior shall prescribe, before any right under this act shall accrue to said company: And provided Ghsrzes. further, That no greater rate shall be charged upon said road within said reservation for the transportation of assengers or freight than is charged for a like service outside of said reservation. M¤is¤¤¤¤¤¤» M- Sec. 4. That said company shall not assign or transfer or mortgage this right of way for any purpose whatever until said road shall be gg_;?; completed: Provided. That the company may mortgage said franchise, ' together with the rollin stock, for money to construct and complete said road: A nd prm·z`de<Ifu#rther, That the right granted herein shall C°'”P‘°**°°· be lost and forfeited by said company unless the road is constructed and in running order across said reservation within two years from the passage of this act. ,,Q‘,’f"""°“°'°°°°*"‘ Sec. 5. That said railway company shall acce "t this right of wa 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 A v_ tribes any further grant of land or its occu ancy than is hereinbefore v,§’,f,Q;'§’{,;, ,0 ,0,m,_ provided; f’roz·zded, That any violation oi) the condition mentioned in this section shall operate as a forfeiture of all the rights and privi- A d leges of said railway company under this act. '“°“ '“°"· gt That Congress may at any time amend, add to, alter, or repeat - rs ac -. E0. 7. That this act shall be in force from its sa . _ Pas 36 Received by the President July 14, 1888. [ N ora nr rmt Dnraxrmurr or S·r.u·n.—The fore oin act havi been presented to the President of the United States gr hgis approvgh and not having been returned by him to the house of Congress in which It originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]