852 FIFTIETH CONGRESS. Sess. II. CHS. 377, 378. 1889. determined any other question, whether of law or of fact, which may be in dispute between said intervener and the United States, ah affecting the right or title to any part of the lands claimed to have been embraced within the grants 0 lands by the UD1t0d States to or l Resmmuon or mr- for either of said wagon-roads. Should the lands embraced with1n `°“°‘"“"°‘“‘ said ants or either of them or any portion thereof, be declared forfeitedr by the final determination of said suit or suits, the same shall be immediately restored to the (public domain and become subject to disposalfundgr the genepal lant lang? andhishpugld tlpe final ddeterminwumptumwde nation 0 said suit or sui s main ain e rig o e a oresai wagon- °"°‘r°d mm` road grantees or their assigns to the lands embraced in said grants, the Secretary olf the Ilxéteirior shall fortherithl pidjust saidtgrpngs in accordance wit suc e ermina ion, an s a cause a en s o e issued for the lands i11uring to said grantees under saifwagon-road MM- ants and which have been heretofore unpatented: Provide further, Acme! ¤¤¤¤¤r¤ M That the lands actually settled upon or occupied and used as a home- °"°°°d°°d` stead or for agricultural or grazing purposes, in cases in which such settler or occupant has acquired the title of the State of Oregon under the grants recited in the first section of this act to the same, not exceeding one section to any one settler or occuplant, shall not be included in such suit, and such settler or occupant s all not be made a party thereto, anything in this act to the contrary notwithstandmg Approved, March 2, 1889. » Mu•ch2,1HD. CHAP. 378.-An act n' h of wa to the Forest Cit and Waisertown
- "*"*"""”' Railroad Company throuxhtdlilgmlddxg Ihdian Igeservation. . y '
Be it enacted by the Senate and House of Re$1resentatives_o_£ the F¤¤¤=¢ ¤1§rs¤;¤W•é United States of America. in Congress assemble , That the r1g t of {;°J,$,‘§,`3y g°»`L°{3d wa is hereby granted, as hereinafter settforth, to the Forest City gggm andy Watertown Railroad Company, a corporation duly organized mu. under the general incorporation laws of the Territory of Dakota, its successors and assigns, for the construction, operation, and maintenance of its railroad throu h the lands set a art for the use of the Locwvu- Sioux Indians and commoidy known as the Sioux Indian Reservation, beginniuggt E. point on the Iwest bapk oti) the Mgsouri Rlgveg in ewey ount , a ota, o osite orest it , otter ount , a 0 a Territory, ruxinilng thencgilpbyjlthe most pgagsicablegoute id a ]soutl1— wester course etween e eyenne an oreau ivers to the city of Dead/wood, Dakota. wma Sec. 2. That the right of way hereby anted to said company shall be seventy-tive feet in width on each side of the central line of said railroad as aforesaid; and said company 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; summa. also grounld adjacent todsuc rlilght of way for gtatidn-buildings, deg pots, mac ine-s ops, si e-trac s, turn-outs, an wa er-stations, no po ejxcepd Lnuamount Lhrpe hundredlfeet in width and tihree thousand ee in en or eac s ation, o the extent of one s ation or eac 1 ` ten miles of its road. _¤¤mpe¤¤¤¤¤¤¤¤I¤· Sec. 3. That it shall be the dut of the Secretary of the Interior dm"` to fix the amount of compensatioii to be paid the Indians for such right of way, and provide the time and manner for the payment thereof, and also to ascertain and fix the amount of compensation to be made ind1v1dual members of the tribe for damages sustained by them by reason of the construction of said road; but no right of any kind shall vest in said railway company in or to any art of the right of °°*¤¤¤*·>U¤¤i¤¤¤ hprem provided fopuntil tgebconlsent of] silich Indians as are en- 1 0 suc compensa ion s a e o taine ereto in suc manner as the President of the United States shall direct, and until plats
