The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-05-17

to use the natural channels Of Toppenish
creek and Status creek IS portion OF the
irrigating canal, and may divert and APP
propriste the waters from these creeks, or
any Of their tributaries not heretofore APP
propriated, when necessary.
II is made the duty Of the secretary OF
the interior TO 6x the amount Of the COM
pensation to be paid the Indians for such
right-of-way, and for whatever property Of
the Indians may be taken in the construc-
ton Of the canal, and provide the time
and manner OF payment thereof; also to
fix the amount OF compensation to be
made individual members OF the tribe for
damages sustained by construction Of the
canal; no kind Of rights are to vest in the
irrigation company in or to any part Of
the right-of-way until the compensation
has been fixed and paid until plats, made
upon actual surveys Of the definite loca-
tion Of the canal, shall be fled with and
appro ied by the secretary Of the interior.
The approval will be made in writing and
be open for the inspection OF any party
interested.
The surveys, construction and opera
ton Of the canal must be conducted with
due regard for the rights OF the Indians
and in accordance with such rules and
regulations as the secretary Of the interi-
or may make TO carry out the provisions !;
provided that the consent Of the Indians
for the right-of. way and compensation
shall be obtained by the irrigation COM
pany in such manner as the secretary Of
the interior shall prescribe.
The company may not sell, assign,
transfer or mortgage this right-of-way for
any purpose whatever until the canal
shall have been completed; provided that
the company may mortgage the franchises
for money to complete and construct the
canal; and provided further that the
right-of way shall be lost and forfeited by
the company unless the survey is COM
pleted and filed with the secretary OF the
interior within eighteen months from the
passage Of this act and the canal con-
structed across the reservation within
three years.
The irrigation company must accept
this right-of.way upon the express con-
dition, binding upon itself, its successors
and assigns, that they will neither aid,
advise nor assist in any effort looking to
the changing or extinguishing the present
tenure OF the Indians in their lands, and
will not attempt to secure from the Indian
tribes any further grant OF land or its oc-
cupancy. Any violation Of these condi-
tons shall operate as forfeiture of all
the granted rights and privileges.
A bill giving somewhat similar rights to
the Columbian Irrigation Company, intro
duced by Mr.. Wilson earlier in the ses-
sion, is now on the house calendar, having
been reported favorably by the committee
on Indian affairs, although it is under
stood the Yakima Indian agent has enter
cd protests against any such legislation.
Mr.. Doolttle's bill has bad start, but il
the senators only keep talking long enough
about the tariff it may catch up with that
OF Mr.. Wilson. Both representatives
think these bills ought to become laws,
and neither Is opposed TO the others
measure. No great confidence of securing
the ultimate enactment this session is
expressed by either.