Page:United States Statutes at Large Volume 25.djvu/730

 FIFTIETH CONGRESS. Srzss. II. Ch. 202. 1889. 685 as to begin on the eastern boundary of said reservation at any point Alternate location. south of said fifteen-mile limit, it shall run thence northwesterly so . as to come within said fifteen-mile limit at some point not more than ten miles westward from the eastern line of said reservation. · Sec. 2. That said corporation is authorized to take and use for all width. purposes of a railway, and for no other purpose, a right of way one undred feet in width through said reservation, and to take and use a strip of land two hundred feet in width, with a length of three thou- - sand feet, in addition to right of way, for stations, for every ten miles smatus, em. of road, with the right to use such additional ground where there are heavy cuts or iills as may be necessary for the construction and main- . tenance of the road-bed, not exceeding one hundred feet in width on each side of said right of way, or as much thereof as mav be included 1n said cut or nll: Provided, That no more than said addition of land a·mp;~m. shall be taken for any one station; Provided further, That no part of L"“"‘ the lands herein authorized to be taken shall be leased or sold by the Nom; be so1d,etc. company, its successors or assigns, and they shall not be used except · in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph, and telephone lines; and when any portion thereof shall cease to be so used, such portion shall revert to the Indians of said reservation, or, in case they shall have ceased to occupy the same, to the United States; And provided further, That before any such lands shall be , taken for the purposes aforesaid the consent of the Indians thereto comme ot mums. shall be obtained in a manner satisfactory to the President of the United States. Sec. 3. That before said railway shall be constructed through any C¤¤*r¢¤;¤=gi<>¤ fvr lands held by individual occu ants according to the laws, customs, pmw y E °°‘ and usages of any of the said) Indians, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such railway, the amount of such compensation to be ascertained and determined in such manner as the Secretary of the Interior may direct, and to be subject to his final approval. Sec. 4. That said railroad company shall not charge the inhabit- Freight mms. ants of said Territory a greater rate of freight than the rate authorized by the laws of the Territory of Dakota for services or transportation of the same kind: Provided, That passenger rates on said -’“*·>m·>¤· railway shall not exceed three cents per mile. Congress hereby re- P“”°““°""“*°s· serves the right to regulate the charges for freight and passengers chigvzuluricn or on said railway, and messages on said telegraph and telep ione lines, rm" until a State government or governments shall exist in said Terri-. tor within the limits of which said railway, or a part thereof, shall be lyocated; and then such State government or governments shall be authorized to iix and regulate the cost of transportation of p)er- Sons and freights within their respective limits by said railway; ut Congress expressly reserves the right to hx and regulate at all times the cost of such transportation by said railway or said company whenever such trans rtation shall extend from one state into another, or shall extendhinto more than one State: Provided, hozcerer, M¤i¤¤¤¤¤ mes- That the rate of such transportation of passengers, local or interstate, shall not exceed the rate above expressed: And promded_furiher. That said railway company shall carry the mail at such prices M¤~U¤— as Congress may by law provide; and until such rate is fixed by law the Postmaste1·-General may fix the rate of compensation. · Sec. 5. That said railway company shall pay to the Secretary of 0nP;*8>;¤rj};if)‘;_¥¤di¤¤¤ A the Interior, for the benefit of the Indians of said reservation. the ` sum of fifty dollars, in addition to compensation provided for in this act for property taken and damages done to individual occupants by the construction of the railway, for each mile of railway that_1t may construct in said reservation, said payments to be made in install— ments of five hundred dollars as each ten miles of road is graded.