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Railroad to the town of Sapulpa, Creek Nation, Ind. T., a distance of 78 miles. The application and map of definite location were submitted to the Department August 10. August 14 the company was authorized to construct a telephone line along the route described in the application and shown on the map of definite location.

Indianola Telephone and Telegraph Company.-Application was filed in this office June 26, 1901, by Walter B. Richie, general manager, for permission to locate a line of telephone adjoining the right of way of the Missouri, Kansas and Texas Railway Company from the north to the south line of the Indian Territory.

June 29, 1901, the Indian Territory Telephone Company, through its attorneys, filed a protest against the granting of such right of way to the Indianola Telephone and Telegraph Company. This protest was transmitted to the Department July 3, together with the application and maps of definite location of the Indianola Telephone and Telegraph Company. The protest of the Indian Territory Telephone Company was dismissed, as already noted on page 83, and by Department letter dated July 26, 1901, the application and maps of definite location of the Indianola Telephone Company were approved and authority granted the company to construct its proposed line. J. Blair Shoenfelt, agent of the Union Agency, was designated to assess the damages suffered by the Indian nations or by any individual occupants through whose lands the telephone line will run. His instructions contained in office letter dated July 30 were approved by the Department August 3.

Minnesota Telephone and Electric Company.-Informal application was filed in this office by W. R. Baumbach in behalf of the Minnesota Telephone and Electric Light Company for permission to locate a line of telephone through the White Earth Reservation in Minnesota, between Bemidji and Deer River, along the right of way of the Great Northern Railway Company. Regulations and instructions were forwarded the applicant by this office April 19. No further action has been taken by the company relative to perfecting its application.

Minnesota Electric Telephone Company.-Informal application was filed in this office by D. N. Tallman, president, March 18, 1901, for permission to locate a telephone line across the Leech Lake Reservation in Minnesota. Instructions and regulations were forwarded applicant April 19.

Nebraska Telephone Company.-Application was filed in this office by C. E. Yost, president, June 10, 1901, for permission to locate and construct a telephone line through the Omaha and Winnebago Reservations in Nebraska, along a route beginning at Homer, Nebr., and terminating at the Omaha and Winnebago Agency. The Indian agent, Charles Mathewson, stated that the line, if constructed along the route proposed, would no doubt follow the public highway and would do no damage to any allottee on the reservation and that the construction

of the line would be of much benefit to the agency. Authority was granted the company by the Department June 21 to proceed to obtain the desired right of way under the prescribed regulations.

Oklahoma Telephone and Railway Company.-Application was filed in this office April 27, 1901, by this company for permission to locate and construct telephone lines extending to and from various points in the Indian Territory and Oklahoma. The Department, on May 10, returned the application unapproved and directed this office to advise the applicant to furnish additional evidence required by the regulations. The attorney for the company was advised May 15, as directed. Osage and Eastern Oklahoma Telephone Company.--Application was filed in this office June 21, 1901, by J. H. Clapp, president, for permission to locate and construct a telephone line along a route described as follows: Commencing at the corporate limits of Ponca City, Okla., and extending thence easterly to the village of Pawhuska, in the Osage Nation, thence in a northerly direction to the town of Elgin, in the State of Kansas; also a branch line from the most convenient point on the line between Ponca City and Pawhuska, extending in a northerly direction to Kaw Agency and Hay Creek pasture; also a branch from the main line in a southerly direction to Gray Horse, in the Osage Nation, and to Ralston, in Pawnee County, Okla. The application was transmitted to the Department July 1, and July 3 the survey was authorized over the route above described.

Pacific States Telephone and Telegraph Company. The Department referred to this office, April 24, 1901, a communication from Louis Glass, general manager, making application, accompanied by map of location, for permission to use a right of way through the Yakima Reservation, in the State of Washington, for electrical poles and lines for telephone and telegraph purposes, under the act of February 15, 1901. The line of the proposed route is described as beginning at the point about 1 mile east of the old town of Yakima and terminating at Mabton, a distance of 33 miles, the line being just off the right of way of the Northern Pacific Railway Company through the reservation. In office letter dated May 2 it was suggested that the company be requested to consider the advisability of making application under the provisions of section 3 of the act of March 3, 1901. The Department concurred May 6, and the company was requested accordingly May 10. No further action has been taken in the matter by the company.

Postal Telegraph-Cable Company.-July 22, 1901, the superintendent of the Tulalip Agency advised this office that the employees of the Postal Telegraph-Cable Company were interfering with the rights of Indians on the Port Madison Reservation, Wash., by reason of an attempt to locate a telegraph line on that reservation. The office was requested by the general manager of the company, July 25, to advise the company whether or not permission had not been granted the

Puget Sound Telegraph Company to locate a telegraph line across the Port Madison Reservation some time subsequent to the year 1870. The records of this office were examined and nothing could be found indicating that application had ever been made for the location of a telegraph line on that reservation, and the company was so advised August 7.

Snohomish River Boom Company.-February 25, 1901, E. E. Brehm, president, filed in this office a request for permission to locate and construct a telephone line across a corner of the Tulalip Reservation, in the State of Washington, extending from the town of Marysville to a point on Port Gardner, in sec. 31, T. 30 N., R. 5 E., W. M., a distance of about 2 miles. The application was submitted to the Department March 14, and on the 26th it authorized the survey and location of the line of telephone as proposed on condition that the company prepare maps of definite location in accordance with Department regulations. The agent of the Tulalip Agency was designated to assess the damages suffered by the Indian allottees by reason of the location of the line. No further action has been taken by the company in the matter.

E. F. Sparrow and R. W. Black.—May 31, 1901, application was filed by the parties named for permission to locate and construct a telephone line along the wagon road connecting the town of Pawhuska, Osage Reservation, and the town of Elgin, on the south line of the State of Kansas, a distance of 25 miles. The application and accompanying map showing the proposed line were submitted to the Department June 12, and on the 14th of June authority was granted for the parties named to survey and locate a line along the route described.

F. H. Wright.—July 5, 1901, the Department approved the applications of F. H. Wright for authority to survey and locate a telephone line in the Indian Territory and a line in the Kiowa, Comanche, and Apache Reservation, in Oklahoma, as follows: Beginning at the town of Chickasha, Ind. T., extending thence westerly to the west line of the Indian Territory, and thence westerly in the Kiowa, Comanche, and Apache Reservation to a point on the north line of said reservation south of sec. 36, T. 8 N., R. 15 W. Also beginning at Anadarko and extending thence in a southerly direction to a point on or near the east line of the Fort Sill Military Reservation, thence easterly to the west line of the Indian Territory, thence easterly to the town of Marlow, Ind. T. July 8 further authority was granted F. H. Wright relative to the construction of that portion of the above-described line in the Indian Territory. July 18 he was further authorized to locate and construct a telephone line from a point on or near the east line of the Fort Sill Military Reservation in the Kiowa, Comanche, and Apache Reservation, Okla., to a point at or near the south line of the town of Lawton, Okla. July 26 the Department authorized the loca

tion and survey of a further line extending from the town of Lawton, Okla., to the town of Duncan, Ind. T.

The maps of definite location showing the survey and location of these lines, excepting that between Lawton and Duncan, were filed in this office June 20, and were returned for correction on account of a discrepancy shown on the maps. By reason of the opening of the surplus lands of the Kiowa, Comanche, and Apache Reservation and the urgent need of telephonic communication, the Department, July 26, authorized Mr. Wright to commence the construction of his proposed lines on condition that maps of definite location, properly prepared, should be filed within ten days thereafter. A portion of the maps are now on file in this office, and the office is informed that maps showing the location of the entire line will be filed at an early date.

RAILROADS ACROSS INDIAN LANDS.

During the fiscal year ending June 30, 1901, great activity has been manifested in the direction of railroad operations in the Indian Territory and Oklahoma.

This alertness is not only noticeable among railroad companies organized and having lines of railroad in operation in these Territories prior to June 30, 1900, but also in the organization of new companies evidently incorporated for the purpose of acquiring franchises through this resourceful region whereby to participate in the development of the country. Operations in this line have been stimulated, no doubt, in the Indian Territory by reason of the approaching consummation of the plans of the General Government for the extinguishment of the several tribal governments and a reorganization of the political and social conditions now prevailing, and in the Territory of Oklahoma by the allotment of the lands in the Wichita and the Kiowa, Comanche, and Apache reservations to the Indians in severalty and the subsequent opening of the surplus lands to public settlement.

Applications for rights of way submitted by the newly organized companies have in most instances been filed under the provisions of the general right-of-way act approved March 2, 1899 (30 Stats., 990), and the regulations of the Department prescribed thereunder, dated April 18, 1899. Paragraph 18 of the regulations above referred to was amended April 8, 1901, to read as follows:

18. In filing maps of location for approval under this act, the same should therefore be accompanied by the affidavit of the president or other principal officer of the company, defining the purpose, intent, and ability of the company in the matter of the construction of the proposed road. Further, each map should be accompanied by evidence of the service of an exact copy thereof and the date of such service, as follows:

"1. In the case of lands in any Indian reservation or reserved for any purpose in connection with the Indian service, upon the agent or other officer in charge.

"2. In the case of lands of one of the Five Civilized Tribes in Indian Territory, upon the principal officer of the tribe and also upon the Indian agent in charge.

"3. In the case of an allotment not within a reservation and not upon lands of one of the Five Civilized Tribes, upon the agent or other officer under whose supervision such allotment falls, and upon the allottee or owner, if living upon or in the vicinity of the allotment, and if not living thereon or in that vicinity, upon the person in actual possession of the allotment, and if no person be in actual possession thereof, then by posting in a conspicuous place upon the land a concise notice of the application for the right of way across the same.

"4. In case of an allotment within a reservation or upon lands of one of the Five Civilized Tribes, in addition to the service required by subdivisions 1 or 2 hereof, whichever is applicable, a concise written notice of the application for a right of way across the allotment shall also be served upon the allottee or owner if living upon or in the vicinity of the allotment, and if not living thereon or in that vicinity upon the person in actual possession of the allotment, and, if no person be in actual possession thereof then by posting in a conspicuous place upon the land, which notice shall recite the fact that a copy of the map of the proposed right of way may be inspected on application to the agent or officer in charge.

"5. When personal service upon an allottee or owner of allotted land is not had, service under subdivisions 3 and 4 hereof shall be accompanied by a certificate of the agent or other officer under whose supervision the allotment falls, stating the existence of the specific facts justifying the particular manner of service employed." 1

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Rights of way and authority to make surveys have been granted railroad companies since the date of the last annual report and up to the 4th of September, 1901, as follows:

Arkansas and Choctaw Railway Company.-June 18, 1900, the Department approved a map of definite location showing the surveyed line of this company's road from the east to the west line of Indian Territory, subject to the provisions of the act of January 28, 1899 (30 Stats., 806). Under this act the payments for right of way are to be made to the tribes "in installments of $500 as each 10 miles of road is graded," and no grading or construction can be done until "a map showing the entire line of the road in the Indian Territory shall be filed with and approved by the Secretary of the Interior." October 30, 1900, the Choctaw and Chickasaw nations, by resolutions of their national councils, dissented from the statutory provision of $50 per mile, of which action the attorney for the railroad company was duly advised December 21, 1900. In reply it was claimed by the company that this action of the Choctaw and Chickasaw nations was taken after the expiration of four months from the date of the approval of the map of definite location (June 18, 1900), and that therefore the company could only be required to make compensation for right of way at the rate of $50 per mile, as provided by the act of January 28, 1899. The subject was referred to the Department by this office February 25, 1901, and March 11 the Department, in reply, held that the time within which the nations could legally dissent began to run from the

1 Forms for use under the foregoing amendment will be furnished applicants upon request to the Indian office.

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