Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1890-05-01
TEXT OF THE BILL
Recently Passed Granting to the Pa
louise and Spokane Railway
Right of Way Through
The Nez Perce Indian Reservation
in Idaho.

The Nez Perce Indian Reservation
in Idaho.
BE it enacted by the Senate and House
of Representatives of the United States .
of America in Congress assembled, that /
the right of way is hereby granted, as
hereinafter set forth, to the Spokane |
and PalouSe railway company, Il corpa-
ton organized and existing under the |
laws % the State of Washington, for the
extension of its railroad through the |
Ncz rercc Indian reservation from a
point on the northern boundary of said
reservation on the Potlatch creek, in
section sixteen, township thirty-Scven
north, range three west of the Boise
meridian, in Ncz Pcrcc County, in the
Territory of Idaho; thence extending
i'm southerly and southwc-terly dircc-
ton, following the valley of said Pot
latch creek to the Clear Water river:
thence following the valley Of said Clear
Water in IA southwesterly direction to
the western boundary of said rescrva-
ton.
SEC. >. That the right of way hereby
granted to said company shall be fifty
feet in width on each side of the cen
tral line 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, stone,
earth and timber necessary for the con-
struction of said railroad; also ground
adjacent to such right of way for sta
ton buildings, depots and machine
shops, side-tracks, turn-outs and water
stations, not to exceed in amount two
hundred feet in width and three thou
sand feet in length for each station, to
the extent of one station for each ten
miles of road.
SEC. s. That it shall be the duty of
the Secretary of the Interior to fix the
amount of compensation to he paid the
Indians for such right of way, and pro-
vide the time and manner for the pay
mcnt thereof, and also to ascertain and
fix the amount of compensation to be
made individual members of the tribe
for damages sustained by them by rea
son of the construction ofsaid road; but
no right of any kind shall vest in said
, railroad company in or to any part O
the right of way herein provided fol
+ until plats thereof, made upon actua
survey for the definite location of sucl
, railroad, and including the points fol
, station buildings, depots, machine
, shops, side-tracks, turn-outs and waite
stations, shall be filed with and approx
I ed by the Secretary of the Interior
. which approval shall be made in writ
ing and be open for the inspection o
+ any party interested therein, and unit
! the compensation aforesaid has beel
# fixed and paid; and the surveys, con
9 struction and operation of such railroad
l. including charges Of transportation
J. shall be conducted with due regard fo
a
ance with such rules and regulations q
n the Secretary of the Interior may max
; to carry out this provision: Provided
r that the consent of the Indians to sal
J. right of way and compensation shall /
20 obtained by said railroad company
such manner as the Secretary of I'll
Interior shall prescribe before any rigl
under this act shall accrue to said con
70 pany.
- SEC. 4. That said company shall n
:, assign or transfer or mortgage this rigl
o. of way for any purpose whatever uni
40 said road shall be completed: Provide
al that the company may mortgage sa
j., franchise, together with the rollil
~ stock, for money to construct and COZ
of pete said road: And provided furthe
"a that the right granted herein shall
:, lost and forfeited by said company u
:, less the road is constructed and in ru
mr. nng order across said reservation wit
Or in two years from the passage of Il
rd act.
N, SEC. 5. That said railway compa
Nv shall accept this right Of way upon
10 expressed condition, binding upon
80. self, it's successors or assigns, that I'll
IN will neither aid, advise, nor assist
-ed any effort looking towards the chal
VS., ing or extinguishing the present ten
ei- of the Indians in their land, and ,
o;u not attempt to secure from the Ind
,an tribes any further grant of land or
to occupancy than is hereinbefore pro,
ler- ed: Provided, that any violation of
{, vi condition mentioned in this sect
49, shall operate as forfeiture of all
act rights and privileges of said rail,