Page:United States Statutes at Large Volume 27.djvu/112

FIFTY-SECON D CONGRESS. Sess. I. Ch. 150. 1892. S5 Secretary of the Interior, all such timber to be removed within a reasonable time after the filing of maps of definite location of the right of way by said company, and the approval thereof by the Secretary of the Interior, to the end that the company shall not be hindered or delayed in the construction of its road: Provided, That all merchantable pine Payment for pine timber on the right of way and depot grounds shall be carefully esti- ““"’°’· mated and appraised by a competent person appointed by the Secretary of the Interior, and said railroad company shall pay or cause to be paid the sum of not less than six dollars per thousand feet, board measure, for each and every thousand feet, together with the expense of estimate and appraisal, said money to be paid to the Secretary of the Interior before the building of said road has been commenced: And Provided, That after paying the expense of the estimate and appraisal, rmeais rm. am. the balance of the money derived from the sale of said timber shall be b" °“*°°· expended by the Secretary of the Interior for the beneiit of the Menomince tribe of Indians. Sec. 5. That said company shall cause maps, showing the route of Segfeigstvbtqtlmwth its located line through said `h61'1'll501'y, to be filed in the office of the m;`§mi’QHiJ§T° Im' Secretary of the Interior, and also to be filed in the office of the chief or chiefs of said Menominee tribe of Indians through whose lands said railroad may be located, and after the tilin g of said maps no claim for subsequent settlement or improvement upon the right of way hown by said map shall be valid against said company: Provided, That when 1~ms»». a map showing any portion of said railr0ad’s located line is filed as herein provided for, said company shall commence grading said located Gmdingw 1•¤gi¤_i¤ line within one year thereafter or such location shall be void. ${°,,_’°”' f""" ""“g Sec. 6. That the officers, servants, and employees of said company Employees my ze necessary to the construction and management of said road shall be 'i°°°““g"‘°'“Y· allowed to reside while so engaged upon such right of way, but subject to the provisions of the Indian intercourse laws and such rules and regulations as may be established by the Secretary of the Interior in conformity with said intercourse laws. Sec. 7. That said railway company shall construct and maintain con- 0 ro s S 1 u g S and tinually all road and highway crossings and necessary bridges over b"°g°’· said railroad, wherever such roads and highways do now or may hereafter cross said railway’s right of way or may be by the proper authorities laid across the same. Sec. 8. That said Marinette and Western Railway Company shall Condition of acceptaccept this right of way upon the express condition, binding upon itself, “"°°· its successors, and assigns, that they will neither aid, advise nor assist in any effort looking towards extinguishing or changing the present tenure of the Indians to their lands in said reservation, and will not attempt to secure from the said Indians any further grant of land, or its occupancy, than is hereinbefore provided: Provided, That any vio- iwmw. lation of the conditions mentioned in this section shall operate as a vienna. it rm-rm. forfeiture of all rights and privileges of said railroad under this act. Sec. 9. That all mortgages executed by said railroad company con- Record or mortveying any portion of its railroad, with its hanchises, that may be con- gu"' structed in said Indian reservation, shall be recorded in the Department of the Interior, and the record thereof shall be prima facie evidence and notice of their execution, and shall convey all rights and property of said company as therein expressed. Sec. 10. That Congress may at any time amend, add to, alter, or re- nmaumm. m. peal this act, and the right of way herein and hereby granted shall not he assigned or transferred in any form whatever prior to the construe- NM wiznnbleprlnr tron or completion of said road, except as to mortgage or other lien that °°°°"'°"‘°°°"‘ may be given or secured thereon to aid in the construction thereof Sec. 11. That said railroad company shall not charge more for the cmp. transportation of freight or passengers through said reservation than for hke services outside of same. Appmveni, July 6, 1892.