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 345
Sections 2 | 3 | 4

Margin Notes
Chap. 345 Milwaukee, Lake Shore and Western Railway Company granted right of way through Lac de Flambeau Indian Reservation, Wisconsin.
Chap. 345 Consent.
Chap. 345 Width.
Chap. 345 Material.
Chap. 345 Stations, etc.
Sec. 2 Compensation.
Sec. 2 Survey.
Sec. 2 Provisos. Payment.
Sec. 2 Regulations.
Sec. 3 To be constructed in three years.
Sec. 4 Amendment.

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Chapter 345
    June 4, 1888. | 25 Stat., 169.
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An act granting to the Milwaukee, Lake Shore and Western Railway Company the right of way through the Lac de Flambeau Indian Reservation, in the State of Wisconsin.

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 Milwaukee, Lake Shore and Western Railway Company, a corporation organized and existing under the laws of the State of Wisconsin, and its assigns, the right of way for the extension of its railroad through the Lac de Flambeau Indian Reservation in said State, the said Indians having consented by Treaty to a reservation by the United States of the power to grant right of way through said reservation.

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Such right of way shall be fifty feet in width on each side of the central line of said railroad, and said company shall also have the right to take from the lands adjacent to the line of said road material, stone, and earth necessary for the construction of said railroad; also grounds adjacent to such right of way, for station buildings, depots, machineshops, 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 two stations within the limits of said reservation.

SEC. 2

That it shall be the duty of the Secretary of the Interior to fix the amount of compensation to be paid to the Indians for such right of way, and provide the time and manner for the payment thereof; and also to ascertain and fix the amount to be paid to 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 grounds for station buildings, depots, machine-shops, side-tracks, turnouts, and water-stations, shall have been approved by the Secretary of the Interior, and until the compensation aforesaid shall have been fixed and paid, and the consent of the Indians on said reservation as to the amount of said compensation shall have been first obtained in a manner satisfactory to the President of the United States: Provided, That if said Indians shall refuse to accept a sum which in the judgment of the President is a just compensation for said right of way, the said compensation shall then be ascertained in such manner as the President shall direct having due regard to the rights of the Indians in which event the said company shall have the right to take and occupy said right of way by paying the compensation so ascertained in such manner as the Secretary of the Interior shall direct. Said company is hereby authorized to enter upon such reservation for the purpose of surveying and locating its line of railroad: Provided, 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 shall prescribe.

SEC. 3

That the rights herein granted shall be forfeited by said company unless the road is constructed through said reservation within three years.

SEC. 4

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

Approved, June 4, 1888.


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