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 100
Sections 2 | 3 | 4 | 5

Margin Notes
Chap. 100 Duluth and North Dakota Railroad Company granted right of way. Winnibagoshish, Chippewa, White Oak Point, and Red Lake reservations, Minn.
    See note to 1889, ch. 24, ante, p. 302.
Chap. 100 Width.
Chap. 100 Stations, etc.
Sec. 2 Payment to individuals.
Sec. 2 Compensation to tribes.
Sec. 2 Secretary of the Interior to approve plats, etc.
Sec. 2 Surveys.
Sec. 2 Proviso. Regulations, etc.
Sec. 3 Completion.
Sec. 4 Consent of Red Lake Indians.
Sec. 5 Amendment.

{Page 593}

Chapter 100
    Apr. 14, 1896. | 29 Stat., 92.
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An act granting to the Duluth and North Dakota Railroad Company right of way through certain 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 North Dakota Railroad Company, a corporation organized and existing under the laws of the State of North Dakota, and its successors and assigns, the right of way for the extension of its railroad through the Winnibagoshish, Chippewa, 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 may also take land 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 one station for every ten miles of road constructed within the limits of said reservations.

SEC. 2

That before said railroad, shall be constructed through any land, claim, or improvement held by an individual occupant according to any agreement, treaty, or law of the United States, full compensation shall be paid such occupant or claimant for all property taken and damage done by reason of the construction of said railroad. And it shall be the duty of the Secretary of the Interior to fix, in such manner as he shall designate, the amount of compensation to be paid individual occupants and claimants; and the amount of damage resulting to the tribe or tribes of Indians, in their tribal capacity, pertaining to said reservations, by reason of the construction of the road through such lands of the reservations as are not occupied in severalty, shall also 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 railroad company in or to any part of the right of way and station grounds herein provided for until plats thereof made upon actual survey for the definite location of the road, including the grounds for station houses, machine shops, side tracks, turn-outs and water stations, shall have been filed with and approved by the Secretary of the Interior, and until the compensation aforesaid shall be fixed and paid. And said railroad company is hereby authorized, immediately after the passage of this Act, to enter upon said reservations for the purpose of surveying and locating its line of road: Provided, That said line of railroad 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 said road is constructed through said reservations within three years from the passage and approval of this Act.

SEC. 4

That the provisions of this Act shall not apply to the Red Lake Reservation until the consent of the Red Lake Indians shall be obtained thereto in such manner as the Secretary of the Interior may direct.

SEC. 5

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

Received by the President, April 2, 1896.

[NOTE BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]

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