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 FORTY–NINTH CONGRESS—SECOND SESSION, 1887.
CHAP. 26 | CHAP. 47 | CHAP. 130 | CHAP. 254 | CHAP. 319 | CHAP. 366 | CHAP. 368

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Chapter 368
Sections 2 | 3 | 4 | 5 | 6 | 7

Margin Notes
Chap. 368 Right of way to Utah Midland Railway Company through Uncompahgre and Uintah reservations, Utah.
Chap. 368 Location.
Sec. 2 Dimensions.
Sec. 2 Stations, etc.
Sec. 2 Proviso. Consent of Indians may be required.
Sec. 3 Compensation.
Sec. 4 Not assignable before completion.
Sec. 4 Provisos. Mortgage.
Sec. 4 Forfeited if not used in three years.
Sec. 5 Condition.
Sec. 5 Proviso. Violation to forfeit.

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Chapter 368
    Mar. 3, 1887. | 24 Stat., 548.
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An act granting the Utah Midland Railway Company the right of way through the Uncompahgre and Uintah reservations, in the Territory of Utah, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way is hereby granted, as hereinafter set forth, to the Utah Midland Railway Company, a corporation created and existing under and by virtue of the laws of the Territory of Utah, and it is hereby authorized and empowered, to locate, construct, own, equip, operate, use, and maintain a railway, telegraph, and telephone line through the Indian reservations situated in the Territory of Utah and known as the Uncompahgre Reservation and the Uintah Reservation, occupied by the Tabequache Utes, Uintah Utes, White River Utes, and other tribes of Indians. Said railway shall enter said Uncompahgre Reservation at a point on the east boundary-line of Utah Territory at or near the place where the White River crosses said boundary-line, running thence by the most feasible route in a general westerly direction across said Uncompahgre Reservation and across said Uintah Reservation to the western boundary of said Uintah Reservation, crossing such western boundary at the most feasible point to reach Salt Lake City.

SEC. 2

That the right of way hereby granted to said company shall be seventy-five 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; also ground adjacent to such right of way for station-buildings, depots, machine-shops, side-tracks, turnouts, and 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 its road: Provided, That the President of the United States may, in his discretion, require that the consent of the Indians to said right of way shall be obtained by said railroad company, in such manner as he may prescribe, before any right under this act shall accrue to said company.

SEC. 3

That it shall be the duty of the Secretary of the Interior to fix the amount of compensation to be paid the Indians for such right of way and materials, and provide the time and manner for the payment thereof, and also 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 shall vest in said railway company in or to any part of the right of way herein provided for until plats thereof, made upon actual survey for the definite location of such railroad, and including the points for station-buildings, depots, machine-shops, side-tracks, turnouts, and water-stations, shall be filed with and approved by the Secretary of the Interior, whose 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 shall be conducted with due regard for the rights of the Indians, and in accordance with such rules and regu-

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lations as the Secretary of the Interior may make to carry out this provision.

SEC. 4

That said company shall not assign or transfer or mortgage this right of way for any purpose whatever until said road shall be completed: Provided, That the company may mortgage said franchise, together with the rolling-stock, for money to construct and complete said road: And provided further, That the right granted herein shall be lost and forfeited by said company unless the road is constructed and in running order across said reservations within three years from the passage of this act, or if the consent of the Indians is required under the terms of the proviso to section two of this act, then within three years from the date when such consent shall be obtained, as provided in section two of this act.

SEC. 5

That said railway company shall accept this right of way upon the expressed condition, binding upon itself, its successors and assigns, that they will neither aid, advise, 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 provided: Provided, That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said railway company under this act.

SEC. 6

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

SEC. 7

That this act shall be in force from its passage.

Approved, March 3, 1887.


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