Page:United States Statutes at Large Volume 25.djvu/731

 686 FIFTIETH CONGRESS. Sess. II. Ch. 202, 1889. A¤¤¤¤‘ *'°¤°· Said company shall also pay, so long as that part of said reservation through which said right of way may be located is owned and occupied by the Indians, to the Secretary of the Interior, the sum of fifteen dollars per annum for each mile of railway it Shall construct in the said reservation. The money paid to the Secretary of the Interior under the provisions of this act shall be expended by him. 111 accordance with the laws and treaties now in force, for the benefit of .S31d P¤·¤**·<>· Indians or be paid to them as to him shall seem best: Provzded, That Congress shall have the right, so long as said lands are occu- A<1<11ri¤¤¤1t=¤¤¢¤· pied and ossessed by said Indians, to impose such additional taxes upon saidp railroad as it may deem just and plroper for their benefit; and any State hereafter formed through w 1C said railway shall - have been established may exercise the like power as to such part of said railway as may lie within its limits. Such ra11w_ay company shall have the right to survey and. locate its railway immediately after the passage of this act. j S¢¤*¤¤¤’.Y¤f¥¤*¤¤‘i°* Sec. 6. That said company shall cause maps showing the route of ?¤.appr°"° l°°°'u°°’ its located line through and station grounds upon said Indian reservation to be filed in the office of the Secretary of the Interior, and that said location shall be approved by the Secretary of the Interior before any gradin or construction on any section or part of said P¤¤='-wt located line shall be begun: Provided, That said railway shall be R°g°bm°°;°` located, constructed, and operated with a due regard for the rights of the Indians, and under such rules and regulations as the Secretary of the Interior shall rescribe. Skfg·£*°¥°,¤¤r>1¤¤¤¤ Sec. 8. That said railway shall be built through said reservation within four ears after the passage of this act, or the rights herein granted shall be forfeited as to that portion not built; and that said railway company shall fence and keep fenced all such portions of its road as may run through any improved lands of the Indians, and also shall construct and maintain continually all road and highway Crossings, ew. crossings and necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway’s right of way, or may be by the proper authorities laid out across the same. comuuonor accept Sec. 9. That the said company shall accept this right of way upon ‘“"°‘ the express condition, binding upon itself, its successors and assigns, that they will neither aid, a vise, nor assist in any efforts looking towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indians ` any further grant of land, or its occupancy, than is hereinbefore Qgggghw MM; provided: lfrovzdcd, That any violation of the condition me11tioned ‘ in_this section shall operate as a for feiture of all the rights and privileges of said railway company under this act. M¤¤s¤s¤¤- Sm:. _10. That all mortgages executed by said railway company conveying any portion of its railroad, with its franchises, that may be constructed in said reservation, shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of their execution, and shall convey all rights and property of said COMFGHY as therein expressed. Am¤¤¤m•=¤r.erc. Sec. 11, hat Congress may at any time amend. add to, alter, or repeal this act, and the right of way herein and hereby granted blgugnz me assignn- shall not be assigned or transferred in any form whatever prior to ' the construction and completion of the road, except mortgages or other _11ens that may be given or secured thereon to aid in the construction thereof.