Chapter 199. granting to the Palouse and Spokane Railway a right of way through the Nez Percé Indian Reservation in Idaho
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CHAP. 199.— An Act granting to the Palouse and Spokane Railway a right of way through the Nez Percé Indian Reservation in Idaho.May 8, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Palouse and Spokane Railway granted right of way through Nez Perce Iridian Reservation, Idaho. That the right of way is hereby granted, as hereinafter set forth, to the Spokane and Palouse Railway Company, a corporation organized and existing under the laws of the State of Washington, for the extension of its Location.railroad through the Nez Percé Indian Reservation, from a point on the northern boundary of said reservation on the Potlatch Creek, in section sixteen, township thirty seven north, range three west of the Boise meridian, in Nez Perce County, in the Territory of Idaho; thence extending in a southerly and southwesterly direction, following the valley of said Potlatch Creek to the Clear Water River; thence following the valley of said Clear Water River in a southwesterly direction to the western boundary of said reservation.
Sec. 2. Width. That the right of way hereby granted to said company 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 Construction material.take from said lands adjacent to the line of said road material, stone, earth, and timber necessary for the construction of said railroad; Stations, etc.also ground adjacent to such right of way for station buildings, depots, and machine-shops, side tracks, turnouts, and water stations, not to exceed in amount two 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. Compensation for property taken, etc. That it shall be the duty of the Secretary of the Interior 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 Damages.individual members of the tribe for damages sustained by 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 buildings, depots, machine-shops, sidetracks, turnouts, Secretary of Interior to approve location, etc.and water-stations, shall be filed with and approved by the 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, including charges of Rights of Indians.Regulations.transportation, 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: *Proviso*.Consent of Indians.*Provided*, That the consent of the Indians to said right of way and compensation 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.
Sec. 4. Right not assignable. That said company shall not assign or transfer or mortgage this right of way for any purpose whatever until said road *Provisos*.shall be completed: *Provided*, That the company may mortgage- FIFTY-FIRST CONGRESS. Sess. I. Chs. 199-201. 1890.105 said franchise, together with the rolling stock, for money to constructMortgages.Completion. and complete said road: *And provided further*, That the right granted herein shall he 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 or 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 land, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is hereinbefore provided: *Provided*, That any violation of the condition*Proviso*.Forfeiture. 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, May 8, 1890.