Chapter 198. granting the Spokane Falls and Northern Railway Company the right of way through the Colville Indian Reservation
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CHAP. 198.— An Act granting the Spokane Falls and Northern Railway Company the right of way through the Colville Indian Reservation.May 8, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Spokane Faile and Northern Railway Company granted right of way through Colville Indian Reservation, Wash. That the Spokane Falls and Northern Railway Company, a corporation created under and by virtue of the laws of the Territory of Washington, be, and the said corporation is hereby, authorized, invested, and empowered with the right to locate, construct, equip, operate, use, and Railway, telegraph line, etc.maintain a railway and telegraph and telephone line through the Indian reservation situated in the State of Washington known as the Location.Colville Reservation, occupied by the Colville Indians, beginning at a point on the Columbia River at or near Kettle Falls, in the Northeastern portion of the State of Washington, running thence in a northwesterly direction by the most practicable route through said reservation, with the right to construct, use, and maintain such tracks, turnout, and sidings as said company may deem it to their interest to construct along and upon the right of way and depot grounds hereby granted.
Sec. 2. Width. That a right of way one hundred feet in width through said Indian reservation is hereby granted to the said Spokane Falls and Northern Railway Company, and a strip of land two hundred feet in width, with a length of three thousand feet, in addition to Stations.Not to be sold, etc.said right of way, is granted for stations for every ten miles of road, no portion of which shall be sold or leased by the company, with the right to use such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of Road-bed.the road-bed not exceeding one hundred feet in width on each side of said right of way, or as much thereof as may be included in said cut *Provisos*.Limit.or fill: *Provided*, That no more than said addition of land shall be taken for anyone station: *Provided further*, That no part of the Not to be used for Other purposes, etc.lands granted shall be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad and telegraph and telephone lines; and when any portion thereof shall cease to be soused such portions shall revert to the tribe or tribes of Indians from which the same shall have been taken, or, in case they shall have ceased to occupy the same, to the United States: *And provided further*, That before any Consent of Indians.such lands shall be taken for the purposes aforesaid the consent of the Indians thereto shall be obtained in a manner satisfactory to the President of the United States.
Sec. 3. Compensation for properly taken. That before said railway shall be constructed through any lands held by said tribe or by individual occupants according to the laws, customs, and usages of any of the Indian Tribes through which FIFTY-FIRST CONGRESS. Sess. I. Ch. 198. 1890.103 it may be constructed full compensation shall be made to such tribe or occupants for all property to be taken or damage done by reason of the construction of such railway, the amount of such compensation to be ascertained and determined in such manner as the Secretary of the Interior may direct, and to be subject to his final approval.
Sec. 4. That said company shall cause maps showing the route ofSecretary of Interior to approve location, etc. its located line through and station grounds upon said Indian Reservation to be filed in the office of the Secretary of the Interior, and that said location shall be approved by the Secretary of the Interior before any grading or construction on any section or part of said located line shall be begun: *Provided*, That said railway shall be*Proviso*.Rights of Indians; irrigation. located and constructed with a due regard for the rights of the Indians, and especially so as not to interfere with their irrigating ditches.
Sec. 5. That the officers, servants, and employees of said companyEmployees may reside on right of way. necessary to the construction and management of said road shall be allowed to reside while so engaged upon said right of way upon the lands herein granted, but subject to the provisions of the Indian intercourse laws and such rules and regulations as may be establishedRegulations. by the Secretary of the Interior in accordance with the said intercourse laws. Sec. 6. That said railway company shall have the right to surveyImmediate survey, etc. and locate its railway immediately after the passage of this act.
Sec. 7. That said railway company shall build its entire lineCompletion. through said reservation within three years after the passage of this act, or this grant shall be forfeited as to that portion not built, and also shall construct and maintain continually all road and highway crossings and necessary bridges over said railway, wherever saidCrossings, etc. 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.
Sec. 8. That said railway company shall prohibit the riding byIndian passengers limited. Indians belonging to said reservation upon any of its trains, unless specially provided with passes signed by the Indian Agent, or by some one duly authorized to to act in his behalf. Sec. 9. That said railway company shall execute a bond to theBond. United States, to be filed with and approved by the Secretary of the Interior, in the penal sum of ten thousand dollars, for the use and benefit of the Colville tribe of Indians, or other bands of Indians located on said reservation, conditioned for the due payment of any and all damages which may accrue by reason of the killing or maiming of any Indian belonging to said tribes or either of them, or of their live stock, in the construction or operation of said railway, or by reason of fires originating thereby, the damages in all cases, inDamages.Litigation. the event of failure by the railway company to effect an amicable settlement with the parties in interest to be recovered in any court of the State of Washington having jurisdiction of the amount claimed, upon suit or action instituted by the proper United States attorney in the name of the United States: *Provided*, That all moneys so recovered*Proviso*.Moneys recovered. by the United States attorney under the provisions of this section shall be covered into the Treasury of the United States, to be placed to the credit of the particular Indian or Indians entitled to the same, and to be paid to him or them, or otherwise expended for his or their benefit, under the direction of the Secretary of the Interior.
Sec. 10. That the said Spokane Falls and Northern Railway CompanyCondition of acceptance. shall accept this right of way upon the expressed condition, binding upon itself, its successors and assigns, that they will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is hereinbefore provided: *Provided*, That any*Provisos*.Violation to forfeit. violation of the condition mentioned in this section shall operate as 104FIFTY-FIRST CONGRESS.
Sess. I. Chs. 198, 199. 1890. a forfeiture of all the rights and privileges of said railway company Consent of Indians.under this act. *And provided further*, That the consent of the Indians through whose land said road shall be located shall be obtained to the location of the same and the compensation therefor in manner satisfactory to the President before this act shall take effect. Sec. 11. Amendment, etc. That Congress may at any time amend, add to, alter or repeal this act.
Sec. 12. That this act shall be in force from its passage. Approved, May 8, 1890.