Chapter 1277.
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CHAP. 1277.— An act granting to the Newport and King’s Valley Railroad Company the right of way through the Siletz Indian Reservation.October 1, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Newport and King’s Valley Railroad Company may cross Siletz Indian Reservation.Right of way. That the right of way is hereby granted to the Newport and Kings Valley Railroad Company, a corporation organized and existing under the laws of the State of Oregon, for the construction of its railroad through the Siletz Indian Reservation, beginning at a point on the easterly line Location.of said reservation where Rock Creek crosses said line and running thence westerly down the valley of Rock Creek and the valley of Siletz River to the western boundary of said reservation at or near the southwest corner thereof.
Sec. 2. That the right of way hereby granted to said company shall be seventy-five feet in width on each side of the central lineWidth. 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,Material, etc. stone, earth, and timber necessary for the construction of said Railroad; also ground adjacent to such right of way for station-buildings,Stations, etc. depots, machine-shops, sidetracks, 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.
Sec. 3. That it shall be the duty of the Secretary of the InteriorCompensation to Indians. to fix the amount of compensation to be paid the Indians for such right of way, and provide the time and manner for the payment thereof, and also to ascertain and fix the amount of compensation to be made individual members of the tribe for damages sustained byDamages. them by reason of the construction of said road; 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 actual survey for the definite location of such railroad, and including the points for station-building, depots, machine-shops, sidetracks, turnouts, and water-stations, shall be filed with and approved by theSecretary of Interior to approve location, etc.
Secretary of the Interior, which approval shall be made in writing and be open for the inspection of any party interested therein, and until the compensation aforesaid has been fixed and paid: and the surveys, construction, and operation of such railroad shall be conducted with due regard for the rights of the Indians, and in accordance with such rules and regulations as the Secretary of the Interior may make to carry out this provision: *Provided*, That the consent*Provisos*.Consent of Indians. of the Indians to said right of way shall be obtained by said railroad company in such manner as the Secretary of the Interior shall prescribe, before any right under this act shall accrue to said company: *And provided further*, That no greater rate shall be charged uponTransportation charges. 664FIFTY-FIRST CONGRESS.
Sess. I. Chs. 1277, 1278. 1890. said road within said reservation for the transportation of passengers or freight than is charged for a like service outside of said Reservation. Sec. 4. That said company shall not assign or transfer or mortgageNo assignment before completion. this right of way for any purpose whatever until said road *Provisos*.Construction mortgage.Completion.shall be completed: *Provided*, That the company may mortgage said franchise, together with the rolling stock, for money to construct and complete said road: *And provided further*, That the right granted herein shall be lost and forfeited by said company unless the road is constructed and in running order across said reservation within two years from the passage of this act.
Sec. 5. That said railway company shall accept this right of wayCondition of acceptance. upon the expressed condition, binding upon itself, its successors and assigns, that they will neither aid, advise, nor assist in any effort looking towards the changing or extinguishing the present tenure of the Indians in their laud, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is *Proviso*.Forfeiture.hereinbefore provided; *Provided*, That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said railway company under this act.
Sec. 6. That Congress may at any time amend, add to, alter, orAmendment, etc. repeal this act. Approved, October 1, 1890. Chapter 1278: to authorize the Secretary of the Interior to convey to the Rio Grande Junction Railway Company certain lands in the State of Colorado in lieu of certain other lands in said State conveyed by the said company to the United States. Chapter 1278 26 Stat. 664 1890-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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