Page:United States Statutes at Large Volume 28.djvu/129

 100 FIFTY·THIRD CONGRESS. Sess. II. CHS. 125, 126. 1894. S¤=¤¤¤¤-¢*¤- grounds adjacent to such right of way for station buildings, depots, machine shops, side tracks, turn·outs, and water stations, not to exceed in amount two hundred feet in width and three thousand feet in length . for each station, and to an extent not exceeding one station within the €'8;"{;;,md limits of said reservation: Provided, That no part of such lands herein ` granted shall be used except in such manner and for such purposes only as are necessary for the construction and convenient operation of said railroad line, and when any portion thereof shall cease to be used, such portion shall revert to the nation or tribe of Indians from which the same shall be taken. nsmsgmoandxvm Sec. 2. That before said railroad shall be constructed through any “"“’· land, claim, or improvement held by individual occupants according to any treaties or laws of the United States, compensation shall be made such occupant or claimant for all property to be taken or damage done by reason of the construction of said railroad. In case of failure to make satisfactory settlement with any such claimant, the United States district court at Saint Paul or Duluth, Minnesota, shall have jurisdiction upon petition of either party to determine such just compensation in accordance with the laws of Minnesota provided for determining the damage when property is taken for railroad purposes; and the amount I’*'¤°€°° °° “’"’°*‘· of damages resulting to the tribe or tribes of Indians pertaining to said reservation in their tribal capacity, by reason of the construction of said railroad through such lands of the reservation as are not occupied in severalty, shaH be ascertained and determined in such manner as the Secretary of the Interior may direct, and be subject to his final appmmo. _ proval: Provided, however, That said railroad company may tile with m§é"{f‘°,'{{*’ "°g“‘°" the Secretary of the Interior a bond, in such amount and with such sureties as the Secretary shall approve, conditioned for the payment ot _ just compensation for said right of way to said individual occupants and to said tribe or tribes, as hereinbefore provided, and said company may thereupon proceed to construct and operate its railroad across e said reservation. napsmwmod. Sec. 3. That said company shall cause maps, showing the route of its line through said.reservation, and including the grounds for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, to be filed in the office of the Secretary of the Interior before constructing any portion of said railroad. _ ;s,,,.,,,y_ Sec. 4. That said company is hereby authorized to enter upon said reservation for the purpose of surveying and locating its line of railprwsra. _ road: Provided, That said railroad shall be located and constructed -***8**** °‘ I“**““°· with due regard to the rights of the Indians, and under such rules and regulations as the Secretary of the Interior shall prescribe. cuumnmtu. SEO. 5. That the right herein granted shall be forfeited by said compan y, unless the road shall be constructed through the said reservation within three years after the passage of this Act. Approved, July 6, 1894. July 6_ 18% CHAP. 126 ——An Act Granting to the State of North Dakota certain lands hereto- ...-·~--—-»-—-—»— fore set apart as a wood reservation for Fort Totten military reservation, for the use of the m tra of North Dakota, and for other purposes. Be it enacted by the Senate and House of Representatives of the United North Duma. States of America. in Congress assembled, That the Secretary of the “f"§§,§}§‘,§§§`§,f‘ E`,?; Interior is hereby authorized and empowered to set apart all that part arw fvr ¤¤i¤¤¤· of the wooded reservations set apart for the use and benefit of Fort Totten military reservation by executive order dated February tenth, eighteen hundred and eighty-one, described as follows, namely; “That portion of the tract known as Rock Island, bounded on the north by an east and west line, two miles back or north of the southeasternmost point of said island or peninsula;" said tract being the southernmost point of the peninsula on the north side of Devils Lake in North Dakota, known as Rock Island, for the use of the State of North Dakota, to be