Page:United States Statutes at Large Volume 25.djvu/705

 660 FIFTIETH CON GRESS. Sess. II. Ch. 134. 1889. 'F¤l>¤¤¤'Y T2·i899· CHAP. 134.-An act granting to the Big Horn Southern Railroad Company a Y""_""' right of way through a part of the Crow Indian Reservation in Montana Territory. Be it enacted by the Senate and House of Representatives of the RW, H '"'"  United States of America in Congress assembled, That a right of way gmnm I-sgm ot way is hereby granted, as hereinafter set forth, to the Big Horn South- g‘{,,{,“‘i,,,§ ern Railroad Company, a corporation duly organized and existing under the laws of the Territory of Montana, for the construction, operation, and maintenance of its railroad, telegraph, and telephone line through the lands set apart for the use of the Crow Indians, and ummm. commonly known as the Crow Indian Reservation, beginning at a point on the Northern Pacific. Railroad, in the vicinity of the mouth of the Big Horn River, in Yellowstone County, Montana Territory; _ thence by the most racticable route u said Big Horn River to or near the mouth of the Little Big Hornlitiver; thence up said Little . Big Hom River to or near the mouth of Owl Creek; thence up said creek to and across the southern boundary-line of said reservation. Width- Sec. 2. That the right of way hereby grantedto said company shall be seventy-five 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 rail- F¤¤¤i¤8¤» sw- · road; also ground adjacent to said right of way for station buildings, depots, machi.ne—shops, side-tracks, turn-outs, and water stations, not to exceed in amount three hundred feet in width and three thousand summa. feet in length for each station, to the extent of one station for each ten miles of its road, except at the terminus of said road at a int on the Northern Pacific Railroad in the vicinity of the mouth ofltohe Big Horn River, Yellowstone County, Montana, and at such point not to exceed one hundred and sixty acres, or so much thereof as the Secretary og thlp Interior shall decide to be reasonably necessary for terminal' ac` ities. °°=¤P¤¤¤•“°¤- Sec. 3. That it shall be the duty of the Secretar of the Interior to fix the amount of compensation to be paid the dndians for such right of way, and grounds adjacent thereto, as provided in section two, and provide the time an 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 way shall vest in said railroad company in or to any of the right of way herein survey? m.,m be provided for until plats thereof, made upon actual survey for the gl’¤{{,'{_j*w,,,°,_ eiinite location of such railroad, and including the points for station buildings, depots, machine-shops, side-tracks, turn-outs, and waterstations, shal be filed with and approved by the Secretary of the Interior, which a?pproval shall be made in writing and be open fo1· the inspection o any party interested therein, and until the compensation aforesaid has been fixed 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 Secreta of the Interior ma make to carry 1>»·m·:•¤. out this rovision: Provided, That the President of the United States comm: or rnutm. may, inlhis discretion. require that the consent of the Indians to said right of way shall be obtained by said railroad company, in such manner as e may prescribe, before any right under this act shall accrue to said company. NM ¤¤¤is¤¤¤¤¤- Sec. 4. That said company shall not assign or transfer or mort age this right of way for any purpose whatever until said road shall be completed through that part of said reservation through which it Tim. sha} be constructed: Provided, That the company may mortgage °""‘“‘ said franchise, together with the rolling stock, for money to concommeucermmmd struct and complete said road: And provided further, That the right °°“‘P“’“"“· granted herein shall be lost and forfeited by said company unless