Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-01-29
THE SANTA FE ROAD.
Right of Way Across the Indian Ter.
rit0ry.
Full Text OF the Bill and Report of the
Committee.
Specially for the Gazette.

Reported Specially FOR the Gazette.
Washington, January 25.-Mr. Well
| born, from the committee on Indian
affairs, submitted the following re
port:
The committee on Indian affairs, Il
whom was referred the bill III. II
1916 respectfully submit the follow
ing:
This bill grants q right of way
through the Indian Territory from the
northern boundary of Texas to the
southern boundary OF Kansas To the
Gulf Colorado & Santa Fe railway
company, q corporation created by and
existing under the laws of the state OF
Texas.
Tue right of eminent domain in tue
Federal government over the Indian
Territory is the principle on which the
bill has been constructed. It's pre-
cedent is found in alaw enacted by the
Forty-seventh congress, granting n
similar right OF way to the st. Louis
4 San Francisco Railway company.
The limitation, which the bill now
reported throws around the exercise
of the right of eminent domain have
been confirmed rs far as circumstances
would allow to those provided by the
laws of all the states where the same
right is exercised by state authorities
within state limits. The rights of the
Indians are fully protected, both in in
dividual and tribal relations. Suitable
provisions are made for the ascertain
ment and payment To the
Indians of just and fair compensation
for property taken from and damage
done to them.
When the company and the respec-
tive tribes, or the company and indi-
vidual occupants of the lands, fail to
agree, board of appraisers is consti-
tuted to determine the amount of COM
pensation and if tribe or individual
occupant should be dissatisfied with the
award of such appraisers, such tribe
or occupant has substantially the same
resort that Is allowed to the citizen of
a state, whose property under like cir
cumstances Is appropriated for public
use. The details of the bill in this
particular are believed by tie commit
tee to be apr )priate and fully adequate
to the Purposes they contemplate.
They protect amply all the rights of
the Indians. The main questions pre-
scented by the bill are two:
First-Has congress the power to
grant the proposed right of way?
Seconds there is any necessity for
the exercise of this power?
To both of these questions the COM
mittee make affirmative answers. The
power of congress, as already stated,
rests upon the right of eminent do
main. That the federal government
possesses this right over the Indian
Territory, it seems to the committee,
cannot be seriously questioned. The
Indian Territory is part of the United
States, and subject to its jurisdiction.
This jurisdiction is now and has been
for long number of years exercised in
Is variety of ways. The executive
branch OF the government has its civil
officers and agents located throughout
the territory. Postal routes permeate
it as they do the states and other ter
ritories. The army occupies II. The
judicial power Of the government Is
also extended over II IN certain cases.
In word, whenever eyigencies have
the potential jnri sdictlon OF
the government has been called into
potential exercise. While existing
laws allow the tribes which occupy |
this country, certain sorts Of domestic
OF local government, there Is nothing |