Page:United States Statutes at Large Volume 25.djvu/395

 FIFTIETH CONGRESS. SEss. I. Ch. 717. 1888. 349 CHAP. 717.-An act antin to the Ore n R iw' Ju 26,1. the right of way througlflthe Ngz Percé Inddgn Regdrvztidhlil Navlgaltmu Company vBe it enacted by the Senate and House of Representatives og the Lmted States of America in Congress assembled, That the rig t of ,,,g'fg‘{PR¤i(!,W¤Y¤¤d way is hereby granted, as hereinafter set forth, to the Ore on Rail- éraugdiiiduzodlfgt way and Navigation Company, a corporation organized and existin {t‘,'§§'§l,} Qrfjtfjlf un er the laws of the State of Ore on, for the extension of its railroad I¤¤h<>- ' through the Nez Percé Indian Iteservation, from a point on the L°°°**<>¤· western boundary of said reservation on the Clear Water River, in Idaho Territory, in an easterly direction, following the valley of said Clear Water River and the south fork of said river and branches of the same in a generally southerly and easterly direction to the eastern boundary of said reservation; also from a point on the northern boundary of said Nez Percé Indian Reservation on Potlack Creek in section sixteen, township thirt -seven north, range three west, Boise meridian, by way of Potlack Cyreek to the Clear Water River. Sec. 2. That the right of way hereby ranted to said company shall Wld*b· be seventy-nve feet in 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, ground adjacent to such right of way for station-buildings, depots, B"“*“¤·‘=¤· M- machine—shops, side-tracks, turnouts, and water-stations, not to exceed in amount 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 road. Sec. 3. That it shall be the duty of the Secretary of the Interior to fix the amount of compensation to be paid the Indians for such right ¤¤¤¤1>¢¤¤¤¤<>¤· of way, and provide the time and manner for the payment thereof, and a so to ascertain and fix the amount of compensation to be made individual members of the tribe 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 rovided for until plats thereof, mae e upon actua survey for Phtsiergg ¤>1><==>-p· the defigiite location of such railroad, and including the points for t°ii§`iiiwi¥.§r_°""°r° °f station-buildings, depots. machine-shops, side-tracks, turnouts, and water-stations, shall be filed 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, construction, and o eration of such railroax, including charges of transortation, shall he conducted with due regard for the rights of the Tndians, and in accordance with such rules and regulations as the Secretary of the Interior may make to carry out this provision: Pro- Hedwvided, That the consent of the Indians to said right of way shall be €‘<>¤¤¤·>¤* ¤f ¥¤¤i¤¤¤» 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 com any. Sec. 4. That said) company shall not assign or transfer or mortgage Assignment. this right of way for an purplose whatever until said road shall be completed: Provided, 'Iyhat the company may mortgage said fran- §·;;;;_·¤:;é' chise, together with the rolling stoc ‘, for money to construct and _ Complete said road: And provided further. That the right granted '?`°’“Pl°“°”· herein shall 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. _ Sec.  That said railway company shall accelpt this right of way mg•€¤•ii¤i<>¤ <>f ¤¢¢•¤v*- upon the expressed condition, binding upon itse f, 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