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 342
Sections 2 | 3 | 4 | 5

Margin Notes
Chap. 342 Duluth and Winnipeg Railway Company granted right of way, Chippewa and White Earth reservations, Minn.
Chap. 342 Location.
    1897 Res. No. 17, post, p. 619.
    See note to 1889, ch. 24, ante, p. 302.
Chap. 342 Width, etc.
Chap. 342 Stations, etc.
Chap. 342 Proviso. Reversion for nonuser.
Sec. 2 Damages to individuals.
Sec. 2 Litigation.
Sec. 2 Proviso. Work may begin on filing bond.
Sec. 3 Maps, etc., to be filed.
Sec. 4 Surveys.
Sec. 4 Proviso. Regulations.
Sec. 5 Construction.

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Chapter 342
    Aug. 27, 1894. | 28 Stat., 504.
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An act granting to the Duluth and Winnipeg Railroad Company a right of way through the Chippewa 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 Railroad Company, a corporation organized and existing under the laws of the State of Minnesota, and to its assigns, the right of way for the extension of its railroad, and for a telegraph and telephone line, through the Chippewa and White Earth Indian reservations in said State, commencing at some point on its already constructed line in said State and runniug in a general westerly or northwesterly direction, by such route as shall be deemed advisable, to some point on the western boundary line of the said State, or to some point on the northern boundary line thereof, between the Red River of the North and the Lake of the Woods, or to both such points. 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, turn-outs, and water stations, not to exceed in amount two hundred feet in width and three thousand feet in length for each station, and to an extent not exceeding one station for each ten miles of road within the limits of said reservations: 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 nation or tribe of Indians from which the same shall be 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 shall be made 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 United States district court at Saint Paul or Duluth, Minnesota, shall have jurisdiction upon petition of either party to determine such just compensation

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in accordance with the laws of Minnesota provided for determining the damage when property is taken for railroad purposes; and 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 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: Provided, however, That said railroad company may file with the Secretary of the Interior a bond, in such amount and with such sureties as the Secretary shall approve, conditioned for the payment of just compensation for said right of way to said individual occupants and to said tribe or tribes, as hereinfore provided, and said company may thereupon proceed to construct and operate its railroad across said reservations.

SEC. 3

That said company shall cause maps, showing the route of its line through said reservations, and including the grounds for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, to be filed in the office of the Secretary of the Interior before constructing any portion of said railroad.

SEC. 4

That said company is hereby authorized to enter upon said reservations for the purpose of surveying and locating its line of railroad: Provided, That said railroad shall be located and constructed with due regard to the rights of the Indians, and under such rules and regulations as the Secretary of the Interior shall prescribe.

SEC. 5

That the right herein granted shall be forfeited by said company, unless the road shall be constructed through the said reservations within three years after the passage of this act.

Approved, August 27, 1894.

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