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 391
Sections 2 | 3 | 4

Margin Notes
Chap. 391 Duluth and Winnipeg Railroad Company granted right of way through Winnipigoshish, Cass Lake, White Oak Point, and Red Lake Indian Reservations, Minn.
Chap. 391 Location.
Chap. 391 Width.
Chap. 391 Stations, etc.
Sec. 2 Compensation to Indians, etc.
Sec. 2 Secretary of Interior to approve location, etc.
Sec. 2 Consent of Indians.
Sec. 2 Survey.
Sec. 2 Proviso. Rights of Indians.
Sec. 2 Regulations.
Sec. 3 Completion.
Sec. 4 Amendment.

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Chapter 391
    June 2, 1890. | 26 Stat., 126.
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An act granting to the Duluth and Winnipeg Railroad Company a right of way through certain Indian reservations in 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 Railroad 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 Winnipigoshish, Cass Lake, White Oak Point, and Red Lake Indian Reservations, in the State of Minnesota, such right of way to be fifty feet in width on each side of the center line of said railroad; and said company shall also have the right to take from the land adjacent to the line of the said road material, stone, and earth necessary for the construction of said railroad; also ground adjacent for 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 every ten miles of road constructed within the limits of said reservations.

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 of right of way, and provide the time and manner for the payment thereof,

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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 way of any kind shall vest in said railroad 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-houses, 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 reservation as to the amount of said compensation and right of way shall have been first obtained in a manner satisfactory to the President of the United States. Said company is hereby authorized to enter upon said reservations for the purpose of surveying and locating its line of railroad: Provided, That said line of 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 reservations within five years.

SEC. 4

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

Approved, June 2, 1890.

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