Page:United States Statutes at Large Volume 26.djvu/716

 662 FIFTY-FIRST CONGRESS. Sess. I. CHS. 1275, 1276. 1890. sections four, eight, nine or ten, township twelve north, range eighteen east, of the Willamette meridian, in Yakima County, in the State of Washington; thence extending in a southeasterly direction to a point on the boundary of said reservation at section seventeen, township twelve north, range nineteen east, of the said meridian. Sec. 2. That the right of way hereby granted to said company shall Wid¤¤· be seventy-five feet in width on each si e of the central line of said canal as aforesaid · and said company shall also have the right to ¤¤'°*"“·°“°· take from said lands adjacent to the line of said canal material, stone, earth, and timber necessary] for the construction of said canal. d£{»;¤¤¤¤¤¤¤¤¤¤1¤- Sec. 3. That it shall be the duty of the Secretary of the Interior to lix the amount of compensation to be paid the ndians for such right of way, and for whatever property 0 said Indians may be taken in the construction of said canal, and provide the time and manner for the payment thereof, and also to ascertain and hx the amount of Dm compensation to be made individual members of the tribe for damages sustained by them by reason of the construction of said canal; but no right of any kind shall vest in said irrigation companly in or to any part of the right of way herein rovided for until plats thereof, made upon actual surveys for the definite location o such canal, bl: shall be filed with and approved by the Secretary of the Interior, ·¤¤¤.¤w. which approval shall be made in writing, and be opened for the inspection of any party interested therein, and until the compensation a oresaid hasbeen fixed andlpaid; and the surveys, construction, and operation of such canal sh l be conducted with due regard for the —R°€“'°“°”’·“°· rights of the Indians and in accordance with such rules and regulations as the Secretary of the Interior maylmake to carry out this of provision; Provided, That the consent of the Indians to said right ¤° E mmm` of way and compensation shall be obtained liy said irrigation company, in such manner as the Secretary of the nterior shall prescribe, efore anyqright under this act shall accrue to said company. ,§ "" SEC 4. at said company shall not assigln, or transfer, or mortgage this right of way for anyqpurpose w atever until said canal ""”"'°‘- shall be completed : Provided, at the company may mortgage said Construction mort- . . nge. franchise for money to construct and complete said canal: And pro- ¤<>¤¤v1¤¤<>¤· vided further, That the riglht herein granted shall belost and forfeited by said company unless the canal is constructed across said reservation within two years from the passage of this act. ,,f,’f‘”“°“ °’ ‘°°°¥"‘ Sec. 5. That said irrigation company shall accept this right of way upon the express condition, binding upon itself, its successors or assigns, that they will neither aid, a vise, nor assist in any eifort looking toward the changing or extinguishing the present tenure of the Indians in their lan, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is hereinbefore mh_ provided : Provided, Th at any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said irrigation company under this act. ·“”°"“'“°“‘·“‘“· Ec. 6. That Congress may at any time amend, add to, alter, or repeal this act. Approved, October 1, 1890. wm l·m°· CHAP. 12'I6.—An act for the protection of actual settlers who have made homesteads or pre-emption entries upon the public lands of the United States in the State of mm upon which deposits of phospllmte have been discovered since such entries were e. mm Be it enacted by the Senate and House of Representati1•es of the mtmmpmgm United Sfaies of America in Congress assembled, That any person anu-me in the State of Florida, subject at the date of said entry to homestead
 * P_ ’•,‘;g; who has m good faith entered upon any lands of the United States