INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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ACTS OF THE SIXTY-SECOND CONGRESS—SECOND SESSION, 1911–1912.
CHAP. 1 CHAP. 3 | CHAP. 5 | CHAP. 37 | CHAP. 46 | CHAP. 70 | CHAP. 77 | CHAP. 78 | CHAP. 83 | CHAP. 91 | CHAP. 92 | CHAP. 121 | CHAP. 151 | CHAP. 155 | CHAP. 189 | CHAP. 190 | CHAP. 221 | CHAP. 229 | CHAP. 240 | CHAP. 241 | CHAP. 244 | CHAP. 248 | CHAP. 355 | CHAP. 366 | CHAP. 368 | CHAP. 388 | CHAP. 407 | CHAP. 408 | J. R. No. 11 | J. R. No. 22

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J. R. No. 22

Margin Notes
J. R. 22 Colville Indian Reservation. Settlement of conflicting rights of way through.
    30 Stat., 430, vol. 1, p. 643.
    37 Stat., 635.
    18 Stat., 482.
    30 Stat., 990, vol. 1, 687.
J. R. 22 Readjustment by companies.
J. R. 22 Division of expense.
J. R. 22 Approval by Secretary of the Interior.
J. R. 22 Proviso. Proceedings on disagreement.
J. R. 22 Hearings.
J. R. 22 Notification of readjustment.
J. R. 22 Effect on pending suit.
J. R. 22 Payment for damages.
    37 Stat., 636.
J. R. 22 Reversion for non-user.

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J. R. No. 22
    June 4, 1912. [H. J. Res. 142.] | [Pub. Res., No. 33.] 37 Stat., 634.
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Joint resolution to authorize and direct the Great Northern Railway Company and the Spokane and British Columbia Railway in the matter of their conflicting claims or rights of way across the Colville Indian Reservation, in the State of Washington, in the San Poil River Valley, to readjust their respective locations of rights of way at points of conflict, in such manner as to allow each company an equal right of way through said valley; and in case of their failure so to do to authorize and direct the Secretary of the Interior to readjust said rights of way.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Great Northern Railway Company, whose right of way in the San Poil River Valley, Colville Indian Reservation, State of Washington, as filed and located by the Washington Improvement and Development Company and approved under the act entitled “An act granting to the Washington Improvement and Development Company a right of way through

{Page 552}

the Colville Indian Reservation in the State of Washington,” approved June fourth, eighteen hundred and ninety-eight, and thereafter acquired by the Great Northern Railway Company; and the Spokane and British Columbia Railway Company, whose right of way along said San Poil River Valley, said Colville Indian Reservation, as filed and located by the said company, and approved under the act entitled “An act granting to railways a right of way through the public lands of the United States,” approved March third, eighteen hundred and seventy-five, and under the act entitled “An act to provide for the acquiring of rights of way by a railway company through Indian reservations, Indian lands, and Indian allotments, and for other purposes,” approved March second, eighteen hundred and ninety-nine; and which rights of way are overlapping in and in conflict for a considerable distance, shall proceed, within three months after the passage and approval of this resolution, to ascertain and determine the points of overlapping and conflict of their said respective locations, and shall proceed to readjust the same at all points of overlapping and conflict in such a way as to allow both companies an equal right of way through said valley with as little added expense or loss to either of them as possible, and in such manner that equal justice will be done to each, and each to bear whatever additional expense it may be put to by reason of any relocation or readjustment of its line in pursuance of this act, but the relocation or readjustment herein provided for shall be so made that the expense incurred thereby to either shall be as nearly equal as practicable; and when such relocation or readjustment has been completed the same shall be filed with and shall be approved by the Secretary of the Interior; where-upon either of said companies may proceed with the building of its respective road through the said valley and on the lines as readjusted, and the pending suit of the Government be dismissed. The rights of way so adjusted shall be in lieu of the rights of way heretofore granted and approved to the said companies, respectively, under the aforesaid acts of Congress: Provided, That if the said companies shall fail to agree and file such readjustment of said rights of way with the Secretary of the Interior within the time and as herein provided, the said companies shall on or before sixty days from and after the expiration of the aforesaid time for filing the said readjustment, present their matters of difference to the Secretary of the Interior, and thereupon it shall be the duty of the Secretary to give said companies a hearing, and the Secretary shall thereupon readjust the said rights of way at all points of overlapping and conflict in such a way as to allow both companies an equal right of way through said valley with as little added expense or loss to either of them as possible, and in such manner that equal justice will be done to each, and each to bear whatever additional expense it may be put to by reason of the readjustment of its line by the Secretary in pursuance of this act, such readjustment to be so made that the expense incurred by either company shall be as nearly equal as practicable. And when such readjustment has been completed by the Secretary of the Interior and the said companies notified thereof by the Secretary, either of said companies may proceed with the building of its respective road through the said valley and on the line as readjusted by the Secretary; and upon the completion of such readjustment by the Secretary the pending suit of the Government shall be dismissed. The rights of way so adjusted by the Secretary shall be in lieu of the rights of way heretofore granted and approved to the said companies, respectively, under the aforesaid acts of Congress. Each of said companies, as a condition precedent to approval of its right of way hereunder, shall pay such compensation for the taking or damaging of land and

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improvements of Indian allottees as the Secretary of the Interior shall find to be justly due from and hitherto unpaid by such company; and each of said rights of way is hereby expressly declared to be subject to the condition that so much thereof as shall not have been occupied by a completed railway at the expiration of five years from and after the date of the approval thereof under this act by the Secretary of the Interior shall ipso facto revert to the United States without any act of reentry or judicial or legislative declaration of forfeiture.

Approved, June 4, 1912.


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