Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.
|Chap. 316||Clearwater Short Line Railway granted right of way through Nez Perces Indian lands. Idaho.
See note to 1888, ch. 717, ante, p. 288.
|Chap. 316||Branch line.|
|Sec. 2||Additional ground for stations, etc.|
|Sec. 3||Tribal lands.|
|Sec. 4||Maps to be filed.|
|Sec. 5||Completion of construction.|
|Sec. 6||Railroad rights on public lands.
18 Stat., 482.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way is hereby granted to the Clearwater Short Line Railway Company, a corporation organized and existing under the laws of the State of Montana, and its successors and assigns, for the construction and operation of its railroad and telegraph lines through the Nez Perces Indian Reservation in the State of Idaho, and also through lands formerly embraced within said reservation which have been allotted to the individual members of the Nez Perces tribe of Indians, beginning at a point on the western boundary of the said Nez Perces Indian Reservation, to the east boundary line of said Nez Perces Indian Reservation, together with a branch therefrom beginning at or near Spalding town site, in section twenty- two of township thirty-six north of range four west, Boise meridian, and extending to the south line of said Indian reservation.
That the right of way hereby granted shall be fifty feet in width on each side of the central line of said railroad as aforesaid, and said company shall also have the right to take from said lands adjacent
to the line of said road material, stone, earth, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station building, depots, and 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 each ten miles of road.
That before said railroad shall be constructed through any land, claim, or improvement held by individual occupants or owners according to any treaties or laws of the United States, compensation shall be made such occupant or owner or claimant for all property to be taken or damage done by reason of the construction of such railroad. In case of failure to make satisfactory settlement with any such claimant the district court of the State of Idaho for the county within which such land may be situated shall have jurisdiction, upon petition of either party, to determine such just compensation in accordance with the laws of the State of Idaho provided for determining the damage when property is taken for railroad purposes, and such compensation shall be determined as provided for by the laws of the State of Idaho; and the amount of damages resulting to the tribe of Indians pertaining to such reservation in their tribal capacity by reason of the construction of said railroad through such lands of the reservation as are not occupied in severalty, and the time and manner of making payment therefor, shall be ascertained and determined in such manner as the Secretary of the Interior may direct, and be subject to his final approval.
That said company shall cause maps showing the route of its line through said reservation and allotted lands, 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.
That the rights herein granted shall be forfeited by said company unless the road shall be constructed through the said reservation and allotted lands within three years after the passage of this Act.
That nothing herein contained shall restrict or impair the rights which said company may now have or hereafter acquire to the benefits and provisions of the Act of Congress approved March third, eighteen hundred and seventy-five, entitled An Act granting to railroads the right of way through the public lands of the United States.
Approved, March 1, 1899.