Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1888-06-21
RIGHT OF WAY.

ing bill in the Senate on March 81, 'S8,
which was read twice and referred to the
committee ON Indian Affairs:
A BILL
Granting the Oregon Railway and Navi-
cation Company the right Of way
through the Nez Perez Reservation.
Be it enacted by the Senate and
House Of Representatives. Of tho Uni
ted States of america, in Congress
Assembled,
That the right Of way is hereby grant.
ed, as hereinafter set forth, to the Ore.
gon Railway and Navigation Company, a
corporation organized and existing under
the laws of the State of Oregon, for the
extension of its railroad through the Nee
Perce Indian reservation, from point
on the western boundary Of said reserva-
ton on the Clearwater river, in Idaho
Territory, in an easterly direction, follow.
ing the valley Of said Clearwater river
and the south fork Of said river and
branches Of the same in generally east
erly direction to the eastern boundary Of
said reservation; also from point on
the northern boundary Of said Ncz Perez
Indian reservation on Potlatch creek 10
section sixteen, township thirty. sc ven
north, range three west, Boise Meridian,
by way Of Potlatch creek to the Clear
water river.
Sec. 2. That the right.of.way here
by granted to .said company shall be
seventy.five feet in width on each side
of the central lire of said railroad as
aforesaid; and said company shall also
have the right to take from said iana,s
! adjacent to the line o. said road material,
stone, earth, lad timber necessary for
the construction Of said railroad; also,
ground adjacent to such right of.way for
station-buildings, depots, machine-shops,
side-tracks, turnouts, and water stations,
not to exceed ip 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 Interior to fix the
amount of compensation to be paid the
Indians for such right of way, and pro.
vide the time and manner for tho pay.
ment thereof, and also to ascertain and fix
tho anonnt Of compensation to be made
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 rail
way company in or to any part Of the
right Of way herein provided, for until
piats thereof, made upon actual survey
for the definite location of said railroad
and including the points for station build.
ings, depots, machine shops, side.tracks,
turnouts, 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, con
struction, and operation Of such railroad.
including charges of transportation, shall
be conductcd with due regard for the
rights Of the Indians, and In accordance
with such rules and regulations as the
Secretary Of the Interior may mako to
carry out this provision: Provided,
That the consent Of the Indians to this
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.
Sec. 4. That said company shall not
assign ortransfer or mortgage this right
OF way for any purpose whatever until
said road shall be completed: Provided,
That tho 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 DO 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 way upon the |
expressed condition, binding upon itself. |
its resources and assigns, that they will |
neither aid, advise, nor assist in anv |
effort looking towards the changing or
distinguishing the present tenure of the
Indians in their land, and will not at.
tempt 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
mentioned in this section shall operate a.
! forfeiture Of all the rights and priv.
eges of said railway company under this
lct.
SEC. 6. That congress NAV at auv
lime amend, add to, alter, or repeal this
ect.
We have COW ordinance, but what
good is there in it, unless it be enforced
~ l