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 FIFTY-THIRD CONGRESS—SECOND SESSION, 1893-94.
CHAP. 9 | CHAP. 14 | CHAP. 26 | CHAP. 27 | CHAP. 69 | CHAP. 86 | CHAP. 93 | CHAP. 94 | CHAP. 95 | CHAP. 117 | CHAP. 125 | CHAP. 140 | CHAP. 152 | CHAP. 215 | CHAP. 290 | CHAP. 311 | CHAP. 330 | CHAP. 342 | CHAP. 343 | CHAP. 346 | J. R. No. 5 | J. R. No. 42

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Chapter 140
Sections 2 | 3

Margin Notes
Chap. 140 Saint Paul, Minneapolis and Manitoba Railway Company granted right of way, through White Earth, Leech Lake, Chippewa, and Fond du Lac Indian reservations, Minn.
    See note to 1889, c. 24, ante, p. 302.
Chap. 140 Width.
    1897,c. 308, post, p. 618.
Chap. 140 Buildings, etc.
Chap. 140 Proviso. Use limited.
Sec. 2 Damages to individuals.
Sec. 2 Damages to tribes.
Sec. 2 Secretary of the Interior to approve plats, etc.
Sec. 2 Survey.
Sec. 2 Proviso. Rights of Indians.
Sec. 3 Construction.
Sec. 3 Amendment, etc.

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Chapter 140
    July 18, 1894. | 28 Stat., 112.
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An act granting to the Saint Paul, Minneapolis and Manitoba Railway Company the right of way through the White Earth, Leech Lake, Chippewa, and Fond du Lac 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 Saint Paul, Minneapolis and Manitoba 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 White Earth, Leech Lake, Chippewa, and Fond du Lac Indian reservations in said State. Such right of way shall be fifty feet in width on each side of the central line of said railroad, with the right to use such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of the roadbed, not exceeding one hundred feet in width on each side of said right of way, or as much thereof as may be included in said cut or fill; also, grounds adjacent to such right of way for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, not to exceed in amount two hundred feet in width and three thousand feet in length for each station, to the extent of not exceeding two stations within the limits of each reservation: Provided, That no part of such lands herein granted shall be used except in such manner and for such purposes only as are necessary for the construction and convenient operation of said railroad line, and when any portion thereof shall cease to be used such portion shall revert to the tribe or band of Indians from which the same shall have been taken.

SEC. 2

That before said railroad shall be constructed through any land, claim, or improvement held by individual occupants, according to any treaties or laws of the United States, compensation, subject to the approval of the Secretary of the Interior, shall be made to such occupant or claimant for all property to be taken or damage done by reason of the construction of said railroad. 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 tribes of Indians, in their tribal capacity, by reason of the construction of said railroad 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 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. 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 shall be constructed through said reservation within three years after the passage of this Act, and provided that Congress reserve the right to alter, amend, or repeal this Act.

Approved, July 18, 1894.


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