Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

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Chapter 1273
Sections 2 | 3 | 4

Margin Notes
Chap. 1273 Red Lake and Western Railway and Navigation Company may cross Red Lake Reservation, Minn.
Chap. 1273 Right of way.
Chap. 1273 Width.
Chap. 1273 Location.
Chap. 1273 Payment.
Sec. 2 Lands on Red Lake.
Sec. 2 Payment.
Sec. 2 Damages.
Sec. 2 Proviso. To be used only for railroad, etc., purposes.
Sec. 3 Survey, etc.
Sec. 3 Provisos. Construction of railway.
Sec. 3 Consent of Indians.
Sec. 3 Secretary of Interior to prescribe rules, etc., for location, etc.
Sec. 4 Amendment, etc.

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Chapter 1273
    Oct. 1, 1890. | 26 Stat., 660.
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An act granting right of way to the Red Lake and Western Railway and Navigation Company across Red Lake Reservation, in Minnesota, and granting said company the right to take lands for terminal railroad and warehouse purposes.

Be it enacted by the Senate, and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the Red Lake and Western Railway and Navigation Company, a corporation organized under the general laws of the State of Minnesota, of which Frank Ives has been duly elected president, a right of way for a tract of said railway one hundred feet wide, from the westerly line of said reservation, in township one hundred and fifty-two, or one hundred and fifty-three, of ranges forty-two or forty-three in said State, in a northeasterly direction, to the Red Lake River, in said State, upon paying to the United States, for the use of the Red Lake band of Chippewa Indians, as soon as the said right of way is located, and the plats thereof approved by the Secretary of the Interior, such sum as the Secretary of the Interior may direct, not less than one dollar and twenty-five cents per acre for each and every acre which shall be used and occupied by said company in the location of their said railway.

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SEC. 2

That for the purpose of aiding the said company to construct a railway to the navigable waters of said lake, or navigable waters connected therewith, there is hereby granted to the said Red Lake and Western Railway and Navigation Company the right to take and use one hundred and sixty acres of the lands in said reservation, to be by said company selected at some place or point on Red Lake River on the line of said railway in said State far enough up said river to admit of good and unimpeded navigation by water from said location to Red Lake Indian Agency, upon paying to the United States for the use of said Indians such sum as the Secretary of the Interior may direct, not less than the sum of one dollar and twenty-five cents per acre for each and every acre thereof, and also whatever amount may be fixed by the Secretary of the Interior for such right and for the damages arising to any individual Indian or Indians for actual improvements which he or they may have thereon: Provided, That no part of said lands shall be used, directly or indirectly, for town-site purposes, it being the intention hereof that said lands shall be held for general railway uses and purposes only, including stockyards, warehouses, elevators, docks, and terminal and other facilities of and for said railway, but nothing herein contained shall be construed to prevent any such railway company from building upon such lands houses for the accommodation of their employees.

SEC. 3

That said location may be made by said company upon a survey made by themselves. And upon the final survey of said lands by the United States, and the approval of the plats thereof by the Secretary of the Interior, the said railway company shall, within ninety days, pay for said rights to take land as hereinbefore provided: Provided, That within three years from the passage of this act the said railway and navigation company at their own cost and charge, shall construct a standard gauge railway from the terminus of the Red River and Lake of the Woods Railway, at Saint Hilaire, in the county of Polk, in said State, to the lands so selected and entered and maintain the same in good condition for railroad purposes; otherwise all the rights herein granted shall become null and void, and forfeited to the United States without further action of Congress: Provided further, That before these privileges shall become operative the consent of a majority of the male adults of the said Red Lake Chippewa Indians shall be obtained in such form and manner as the President shall prescribe: And provided further, That said railroad shall be located, constructed, and operated with due regard to the rights of the Indians, and under such rules and regulations as the Secretary of the Interior may prescribe.

SEC. 4

That Congress may at any time amend, add to, alter, or repeal, this act.

Approved October , 1, 1890.

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