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 FIFTIETH CONGRESS—FIRST SESSION, 1888.
CHAP. 13 | CHAP. 192 | CHAP. 213 | CHAP. 248 | CHAP. 255 | CHAP. 310 | CHAP. 336 | CHAP. 337 | CHAP. 344 | CHAP. 345 | CHAP. 390 | CHAP. 494 | CHAP. 503 | CHAP. 519 | CHAP. 716 | CHAP. 717 | CHAP. 718 | CHAP. 936 | CHAP. 1186 | CHAP. 1211

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Chapter 192
Sections 2 | 3 | 4 | 5 | 6 | 7

Margin Notes
Chap. 192 Right of way to Duluth, Rainy Lake River and Southwestern Railway Company through certain lands in Minnesota.
Sec. 2 Location of road.
Sec. 3 Width.
Sec. 3 Stations.
Sec. 3 Proviso. Consent of Indians.
Sec. 4 Compensation.
Sec. 4 Survey.
Sec. 5 Not transferable until completion.
Sec. 5 Proviso. Mortgage.
Sec. 5 Commencement and completion.
Sec. 6 Terms of acceptance.
Sec. 6 Proviso. Forfeiture.
Sec. 7 Amendment, etc.

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Chapter 192
    Apr. 24, 1888. | 25 Stat., 90.
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An act granting the right of way to the Duluth, Rainy Lake River and Southwestern Railway Company through certain Indian lands in the State of Minnesota.

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 Duluth, Rainy Lake River and Southwestern Railway Company, a corporation organized and existing under the laws of the State of Minnesota, for railroad purposes, through the lands in northern Minnesota set apart for the use of the Bois Forte Band of Chippewas by treaty dated April seventh, eighteen hundred and sixty-six, commonly known as the Bois Forte Indian Reservation, and through the unsurveyed lands belonging to the United States adjoining the southern boundary thereof; also through the Red Lake unceded Indian lands in the State of Minnesota, and through the unsurveyed lands belonging to the United States adjoining the northwestern boundary thereof.

SEC. 2

That the line of said railroad shall extend from the city of Duluth, by the most convenient and practicable route, in a northwesterly direction, through the counties of Saint Louis and Itasca, to the mouth of Rainy Lake River, south of the “Lake of the Woods,” and at or near the boundary post on the highlands opposite to what is known as the Forte Louise Reserve, on the Canadian side; thence northwesterly to or near the mouth of War Road River, thence southwesterly or westerly through the counties of Beltrami, Kittson, and Marshall, in the State of Minnesota, to the Red River of the North.

SEC. 3

That the right of way through the said Bois Forte Indian Reservation and Red Lake unceded Indian lands, and the unsurveyed lands thereto adjoining, 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 to way, for station buildings, depots, yards, machine-shops, side-tracks, turn-outs, and water-stations, not to exceed in quantity 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, except at its point at the mouth of Rainy Lake River aforesaid, in which case said company shall have the right to take eighty acres for station buildings, depots, yards, machine-shops, side-tracks, turn-outs, and water-stations, and for other purposes: Provided, That the consent of the Indians to said right of way shall be obtained by said railroad company, in such manner as the President may prescribe, before any right under this act shall accrue to said company.

SEC. 4

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 lands, and provide the time and manner for the payment thereof, and also to ascertain and fix the amount of compensation to be made to individual members of the several tribes or bands 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 railroads, and including the points for station buildings, depots, yards,

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machine-shops, side-tracks, turn-outs, and water-stations, shall be filed with and approved by the Secretary of the Interior, which 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 and 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 regulations as the Secretary of the Interior may make to carry out this provision.

SEC. 5

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 within two years from the passage of this act.

SEC. 6

That said railway company shall accept this right of way upon the express condition, binding upon itself, its successors, and assigns, that it will neither aid, advise, nor assist in any effort looking towards the changing or extinguishing the present tenure of the Indians in their lands, and will not attempt to secure from the Indian tribes any further grant of land, or its occupancy, than is herein before 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. 7

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

Approved, April 24, 1888.


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