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 416
Sections 2 | 3 | 4

Margin Notes
Chap. 416 Duluth and Winnipeg Railway Company granted right of way through Leech Lake and White Earth Indian Reservations, Minnesota.
Chap. 416 Location.
Chap. 416 Width.
Chap. 416 Stations, etc.
Sec. 2 Compensation for damages, etc.
Sec. 2 Litigation.
Sec. 2 Payment to Indians.
Sec. 2 Secretary of Interior to approve location, etc.
Sec. 2 Survey.
Sec. 2 Proviso. Regulations.
Sec. 3 Completion.
Sec. 4 Amendment.

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Chapter 416
    Mar. 2, 1889. | 25 Stat., 1010.
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An act granting to the Duluth and Winnipeg Railway Company the right of way through the Leech Lake and White Earth Indian Reservations 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 there is hereby granted to the Duluth and Winnipeg Railway Company, a corporation organized and existing under the laws of the State of Minnesota, and its assigns, the right of way for the extension of its railroad through the Leech Lake and White Earth Indian Reservations in said State: Commencing at Duluth and running by the most practicable route to some point on the international boundary-line between the Lake of the Woods and the Red River of the North. 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, 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, and to an extent not exceeding one station for each six miles of road within the limits of said reservations.

SEC. 2

That before said railway shall be constructed through any land, claim, or improvement held by individual occupants according to any treaties or laws of the United States, compensation shall be made such occupant or claimant for all property to be taken or damage done by reason of the construction of said railway. In case of failure to make satisfactory settlement with any such claimant, the just compensation shall be determined as provided for by the laws of Minnesota, enacted for the settlement of like controversies in such cases. The amount of damages resulting to the tribe or tribes of Indians pertaining to said reservations in their tribal capacity by reason of the construction of said railway through such lands of the reservations as are not occupied in severalty shall be ascertained and determined in such manner as the Secretary of the Interior may direct, and be subject to his final approval; 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, turn-outs, 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 reservations to the provisions of this act shall have been first obtained in a manner satisfactory to the President of the United States. Said company is hereby authorized to enter upon such reservations 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.

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SEC. 3

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

SEC. 4

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

Approved, March 2, 1889.

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