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

Margin Notes
Chap. 100 Omaha Northern Railway granted right of way across Omaha and Winnebago Indian reservations. Nebr.
    See 1882,ch.434, note ante, p. 212.
Chap. 100 Width.
Chap. 100 Materials for construction.
Chap. 100 Grounds for buildings.
Sec. 2 Damages.
Sec. 2 Failure to settle, laws of Nebraska to apply.
Sec. 2 Filing of plats, etc.
Sec. 2 Surveys, etc.
Sec. 2 Provisos. Restrictions on railway.
Sec. 2 Crossings.
Sec. 2 Construction.
Sec. 2 Forfeiture.
Sec. 3 Amendment.
Sec. 3 No assignment of right of way.

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Chapter 100
    Mar. 26, 1898. | 30 Stat., 344.
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An act granting the right to the Omaha Northern Railway Company to construct a railway across, and establish stations on, the Omaha and Winnebago reservations, in the State of Nebraska, and for other purposes.

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 Omaha Northern Railway Company, a corporation organized and existing under and by virtue of the laws of the State of Nebraska, and its successors and assigns, the right of way for the construction of its proposed railroad through the Omaha and Winnebago Indian reservations in said State. Such right of way shall be fifty feet in width on each side of the center line of said railroad, except where such width shall be insufficient for the construction of said line of railroad, or the materials thereon shall be insufficient or objectionable for use in the construction of said railroad, the said company shall have the right to occupy, or to take from, any lands adjacent to the line of said railroad, any material, stones and earth necessary for the construction, maintenance or operation 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 one hundred feet in width and two thousand feet in length for each station, to the extent of two stations within the limits of said reservation.

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 to such occupant for all property to be taken or damage done by

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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 the State of Nebraska enacted for the settlement of like controversies in such cases. The amount of damage resulting to the Omaha and Winnebago tribes of Indians in their tribal capacity by reason of the construction of said railroad through such lands as are not occupied in severalty shall be ascertained and determined in such manner as the Secretary of the Interior shall 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 the actual survey for the definite location of such railroad, including grounds for station buildings, depots, machine shops, side tracks, turnouts, and water stations, shall have been approved and filed with 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 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 such railroad shall be located, constructed, and operated with due regard to the rights of the Indians and the rules of the Secretary of the Interior: Provided further, That said railway shall construct and maintain continually all fences, roads and highways, crossings, and necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway’s right of way, or may be by the proper authorities laid out across the same: Provided further, That said railway shall be constructed through said reservations within three years after the passage of this Act, or the rights herein granted shall be forfeited as to that portion of the road not constructed.

SEC. 3

That Congress may at any time alter, amend, or repeal this Act; and the right of way hereby granted shall not be assigned or transferred in any form whatever, except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof.

Approved, March 26, 1898.

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