INDIAN AFFAIRS: LAWS AND TREATIES

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

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


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ACTS OF FIFTY-SECOND CONGRESS—SECOND SESSION, 1893.
CHAP. 32 | CHAP. 39 | CHAP. 52 | CHAP. 120 | CHAP. 144 | CHAP. 145 | CHAP. 147 | CHAP. 148 | CHAP. 169 | CHAP. 171 | CHAP. 175 | CHAP. 188 | CHAP. 192 | CHAP. 203 | CHAP. 205 | CHAP. 209 | CHAP. 219 | CHAP. 224 | J. R. No. 7

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Chapter 145
Section 2

Margin Notes
Chap. 145 Puyallup Indians. Agreement with Northern Pacific Railroad Company ratified.
Chap. 145 Right of way.
Chap. 145 Proviso. Condition.
Sec. 2 Branch.
Sec. 2 Fences.
Sec. 2 Water gate.
Sec. 2 Gates, etc.
Sec. 2 Payments.

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Chapter 145
    Feb. 20, 1893. | 27 Stat., 468.
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An act to ratify and confirm agreement between the Puyallup Indians and the Northern Pacific Railroad Company for right of way through the Puyallup Indian Reservation.a

aThis agreement, which is not set forth in the statutes, is given in the Report of the Commissioner of Indian Affairs for 1894, as follows:

AGREEMENT WITH PUYALLUP INDIANS.


This article of agreement made and entered into by and between J. W. Sprague, general superintendent of the Pacific Division of the Northern Pacific Railroad Company, on behalf of said company, and R. H. Milroy, agent in charge of the Puyallup Indian Reservation, on behalf of the Indians of said reservation,
Witnesseth, That said R. R. Co., being desirous of locating and constructing a branch line of their said R. R. from New Tacoma to the Puyallup coal fields, which said branch line must pass through said reservation, and the right of way through said reservation being desired for the permanent location and construction of said branch line, said Sprague hereby agrees, on behalf of said R. R. Co., and binds the same in consideration of the Indians of said reservation, through their chiefs and head men, giving their consent to said right of way to the following stipulations, to wit: 1st. To pay reasonably for all damages that may be occasioned to improvements on said reservation by the construction and permanent right of way of said branch line through said reservation.
2nd. To construct at some convenient point upon said branch line within the limits of said reservation, where it will be of the most benefit to the same, a switch in connection with a side track of practicable length, with the right to said Indians to have a warehouse or depot constructed adjoining said side track, at which the passing trains of cars on said branch line will stop for the shipment of passengers and freight.
3rd. That during the construction of said branch line preference will be given in the employment of Indian laborers, over white and Chinese laborers, w en the Indian laborers will perform the work required to be done as well and as cheaply as it would be done by white or Chinese laborers.
4th. That during the construction of said branch line through said reservation no intoxicating liquors of any kind shall be brought within the limits of said reservation by any of the employees of said R. R . Co., or be allowed to be used within said limits by any of its laborers, and that after the completion of said branch line no intoxicating liquors of any kind shall be taken out of the cars within the limits of said reservation to be delivered to Indians or be allowed to be used within said limits by persons engaged in operating or keeping said line in repair.
5th. That during the construction of said branch line through said reservation no drunken, disorderly, or grossly immoral men shall be employed as laborers by said
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co., nor shall such men be brought and permitted by said co. to stop within the limits of said reservation for any purpose that is within the control of said co., nor shall such men after the completion of said branch line be employed within the limits of said reservation in operating or in keeping said line in repair.
6th. That a plain, palpable violation of, any of the foregoing stipulations shall at the discretion of the Indians annul and work a withdrawal of their consent to the granting of said right of way.
In consideration of the agreement of said Sprague to the stipulations aforesaid, the said Milroy, on behalf of said Indians, hereby agrees and binds himself to assemble them in council without delay and to obtain from them, through their chiefs and head men, their written consent to the permanent right of way for said branch line through said reservation. In case said consent is not fully obtained as aforesaid, this agreement to be null and void, else to be in full force and virtue in law, as witness our hands at New Tacoma, Wash. Ty., this 21st of November, A. D. 1876.
THE NORTHERN PACIFIC RAILROAD CO., By J. W. SPRAGUE, Genl. Supt.
R. H. MILROY, Agt. in Charge.

DEPARTMENT OF THE INTERIOR, OFFICE INDIAN AFFAIRS,
December 14, 1876.
The within agreement between J. W. Sprague, genl. supt. of the Pacific division of the Northern Pacific Railroad, and R. H. Milroy, U. S. Indian agent, dated Nov. 21, 1876, is respectfully submitted to the Secretary of the Interior with recommendation for its approval.

J. Q. SMITH, Commissioner.

DEPARTMENT OF THE INTERIOR, April 13, 1877.
The within agreement is hereby approved.
C. SHURZ, Secretary.
Be it known that on this 23rd day of November, A. D. 1876, we, the chiefs and head men of the Puyallup Indian tribe and reservation, being in general council
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assembled, and having heard read, interpreted, and explained to us the written agreement made and entered into between J. W. Sprague, general superintendent of the Pacific division of the Northern Pacific Railroad, on behalf of said railroad company, and our agent, R. H. Milroy, on our behalf, under date of Nov. 21st, 1876, relative to our granting the right of way for a branch line of said R. R. from New Tacoma to the Puyallup coal fields through our reservation, and being convinced that it would be for our best interest and that of all our people to grant the right of way for said branch line through our reservation, hereby agree and consent on behalf of our people to grant the permanent right of way to said R. R. Co. for the construction of their said branch line through our reservation upon the terms and conditions named and set forth in said agreement.
In testimony of which we have hereunto set our hands the day and year first above written.,
JOSHUA his X mark SITWELL, head chief.
RICHARD his X mark SINNEYWAH, subchief.
MARCELLus his X mark SPOT, subchief.
JOSEPH his X mark YALL, subchief.
GEORGE his X mark WASH, head man
JONAS X STANUP.        Do.
AUGUST X JACKSON)        Do.
ATWIN X JACKSON,        Do.
JAMES X COATS,        Do.
LEWIS X NAPOLEON,        Do.
JOHN X SWAN,        head man.
SALESKIN, X        Do.
CHARLES X SWAHARD,        Do.
ROBERT x GAMBLE,        Do.
JOHN X COOK,        Do.
JOHN X MCCLOUD,        Do.
JOHN X SEATTLE,        Do.
TENAS X PEAMES,         Do.
CHARLES X JAKE,        Do.
FRED X MOSES,        Do.
JAMES LEWIS, Interpreter.
PETER C. STANUP, Sheriff.
All of the foregoing names and marks were signed in the presence of—

M. G. MANN,
JOHN FLETT,
R. H. MILROY, Agt.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the agreement dated November twenty-first, eighteen hundred and seventy-six, made between J. W. Sprague, superintendent of the Pacific division of the Northern Pacific Railroad Company, on behalf of said Company, and R. H. Milroy, then agent in charge of the Puyallup Indian Reservation, on behalf of the Indians occupying the same, a copy of which is on file in the office of the Secretary of the Interior, under the terms of which said Indians granted said railroad company right of way through said reservation for its Cascade Branch, which said agreement was assented to and approved by said Indians, as evidenced by a certain memorandum in writing, bearing date November twenty-third, eighteen and seventy-six, signed by the chiefs and headmen of the Puyallup tribe of Indians, also on file in the office of the Secretary of the Interior, which said last-mentioned agreement was approved by the Commissioner of Indian Affairs December fourteenth, eighteen hundred and seventy-six, and by the Secretary of the Interior April thirteenth, eighteen, hundred and seventy-seven, be, and the same is

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hereby, ratified and approved. Provided, The said company, shall comply with all the terms and stipulations of said agreement, and maintain in proper condition all buildings, structures, and ways provided for therein.

SEC. 2

That there be, and is hereby, granted to the Northern Pacific Railroad Company a right of way not exceeding sixty feet in width through the Puyallup Indian Reservation, for a spur one thousand three hundred and seventy-eight feet in length from a point on the Cascade branch of said railroad company now constructed through said reservation to the western boundary thereof, according to the map thereof filed by said railroad company in the office of the Commissioner of Indian Affairs June twenty-seventh, eighteen hundred and eighty-eight, upon the following terms and conditions, viz:

First. That said railroad company shall erect and maintain on either side of said right of way a good lawful fence so as to protect stock in the fields on either side thereof.

Second. That said railroad company shall put in and keep in order a water gate at the point where the wagon road now being used and maintained across said reservation will cross said spur when constructed, in order to allow the water to escape, and also to keep the salt water from coming in during high tide.

Third. That said railroad company shall construct and maintain gates in its right of way, fences at the point where said wagon road crosses the right of way herein granted for said spur, and construct and maintain a wagon road crossing between said gates.

Fourth. That said railroad company shall pay the Indians for the right of way so taken for said spur such sum, not less than one thousand five hundred dollars per acre, as may be determined by the Secretary of the Interior to be right and proper; and that it shall be the duty of the Secretary of the Interior, within thirty days after the approval of this act, to prescribe the time and manner for the payment thereof.

Approved, February 20, 1893.


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