Page:United States Statutes at Large Volume 25.djvu/207

FIFTIETH CONGRESS. Sess. I. Ch. 336. 1888. 161 d’Alene Lake, thence in a northeasterly direction along the east side of the Coeur d’Alene Lake to the Ccnur d’Alene River, and thence in a generally easterly direction, by the Coeur d’Alene Mission, to the east line of the reservation. Sec. 2. That the right of way hereby granted to said company Dimension. shall be seventy-five feet in width on each side of the central line of said railroad as aforesaid; and said compan 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 railroad; also, ground adjacent to such right of way for station-buildings, de- S°°**°¤S· GW- pots, machine-shops, side-tracks, turnouts, a11d water-stations, not to exceed in amount three hundred feet in width and three thousand feet in length for each station, to the extent of one station for each ten miles of road. Sec. 3. That it shall be the duty of the Secretary of the Interior to Gompcnmuou. iix the amount of compensation to be paid the Indians for such right of way and provide the time and manner for the payment thereof, and a so 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 any kind M¤i>S.<erc.,wbemea shall vest in said railway company in or to any part of the right of °,§’]’{§§°}*u,‘}§ way herein provided for until plats thereof, made u on actual survey "i°*'· for the definite location of such railroad, and incguding the points for station-buildings, depots, machine-shops, side-tracks, turuouts, and water-stations, shall be filed with and a proved by the Secretary of the Interior, which approval shall be made in writing and be open for the inspection of any party interested therein, and until the compensation aforesaid has been fixed and paid; and the surveys, construction, and operation of such railroad, including char es of transportation, shall be conducted with due regard for the rights of the Indians, and in accordance with such rules and regulations asthe Secretar of the Interior may make to carry out this provision: Pro- Primm. vided, That the consent of the Indians to said right of way shall be °°“‘°"°°f I“‘“°·““· obtained by said railroad company in such manner as the Secretary of the Interior shall prescribe, before any right under this act shall ` accrue to said com any. Sec. 4. That said) company shall not assign or transfer or mort- Assignment. gage this right of way for any puiipose whatever until said road shall be completed: Provicled, That t ie company may mortgage said Qgmé franchise, together with the rolling-stock, for money to construct ` and complete said road: Ami pro v ided ftw·the·r. That the right granted c0‘f,‘f;,‘{,[{‘{;,’],*f°¤*°¤° **1* herein shall be lost and forfeited by said company unless the road is constructed and in running order across said reservation within two years from the passage of this act. _ _ _ Sec. 5. That said railway comcpany shall acceptthis right of way alggnditivnvf memupon the express condition. bin ing upon itself, its successors and ' assigns, that they will neither aid, adv1se,_nor assist in any effort looking towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is hereinbefore rovided: Provided. That any violation of the condition Qgggghm {mm mentioned in this section shall operate as a forfeiture of all the rights and privile es of said railway company under this act. Sno, G. 'ldiat Congress may at any tune amend, add to, alter, or Amendment, ew. repeal this act. Received by the President, May 18, 1888. [Nora BY run Dnranrnnivr or STATE.jThG foregoing act having been presented to the President of the United States for his approva and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] sryr L——VOL Xxv-—-11