allowance. Award to be in tion to compensation provided for in this act for property taken and damages done to individual occupants by the construction of the railway, for each mile of railway that it may construct in said Territory, said payments to be made in installments of five hundred dollars as each ten miles of road is graded: Provided, That if the general council Provisos. General council of either of the nations or tribes through whose lands said railway may appeal to Secremay be located shall, within four months after the filing of maps of all interior as to definite location as set forth in section six of this act, dissent from the allowances provided for in this section, and shall certify the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nation or tribe under the provisions of this act shall be determined as provided in section three for the determination of the compensation to be paid to the individual occupant of lands, with the right of appeal to the courts upon the same terms, conditions, and requirements as therein provided: Provided further, That the amount place of compensaawarded or adjudged to be paid by said railway company for said tion. dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the foregoing provision. Said company shall also pay, so long as said Territory is owned and occupied by the Indians, to the Secretary of the Interior, the sum of fifteen dollars per annum for each mile of railway it shall construct in the said Territory. The money paid to the Secretary of the Interior under the provisions of this act shall be apportioned by him, in accordance with the laws and treaties now in force amongst the different nations and tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Provided, That Congress shall have the right, so long as said lands are occupied and possessed by said nations and tribes, to impose such additional taxes upon said railroad as it may deem just and proper for their benefit; and any Territory or State hereafter formed through which said railway shall have been established may exercise the like power as to such part of said railway as may lie within its limits. Said railway company shall have the right to survey and locate its railway immediately after the passage of this act. Annual rental. Right of taxation reserved. Maps to be filed with Secretary of In Proviso. SEC. 6. That said company shall cause maps showing the route of its located line through said Territory to be filed in the office of the Secre- terior and chiefs. tary of the Interior, and also to be filed in the office of the principal chief of each of the nations or tribes through whose lands said railway may be located; and after the filing of said maps no claim for a subsequent settlement and improvement upon the right of way shown by said maps shall be valid as against said company: Provided, That when a map showing any portion of said railway company's located line 18 filed as herein provided for, said company shall commence grading said Company to begin located line within six months thereafter, or such location shall be void; months from filing and said location shall be approved by the Secretary of the Interior in map. sections of twenty-five miles before construction of any such section shall be begun. grading within six Employees allowed SEC. 7. That the officers, servants and employees of said company to reside on right of necessary to the construction and management of said road shall be way. allowed to reside, while so engaged, upon such right of way, but subject to the provisions of the Indian intercourse laws, and such rules and regulations as may be established by the Secretary of the Interior in accordance with said intercourse laws. Jurisdiction of circuitand district courts for western district of Arkansas and district SEC. 8. That the United States circuit and district courts for the district of Kansas and the western district of Arkansas, and such other courts as may be authorized by Congress, shall have, without of Kansas, in litigareference to the amount in controversy, current jurisdiction over all tion. controversies arising between said Kansas City, Fort Scott and Gulf Railway Company and the nations and tribes through whose territory said railway shall be constructed. Said courts shall have like jurisdio S. Doc. 452, pt 1-16 At least 50 miles to be built within three feited. tion, without reference to the amount in controversy, over all controversies arising between the inhabitants of said nation or tribes and said railway company; and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Territory, without distinction. as to citizenship of the parties, so far as may be necessary to carry out the provisions of this act. SEC. 9. That said railway company shall build at least fifty miles of years or rights for its railway in said Territory within three years after the passage of this act, or the rights herein granted shall be forfeited as to that portion not built; that said railroad company shall construct and maintain continually all fences, road and highway crossings and necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway's right of way, or may be by the proper authorities laid out across the same. Condition of accept ance. Proviso. Violation to work forfeiture. Record of mortgages Right to amend, etc., reserved. to construction and completion. SEC. 10. That the Kansas City, Fort Scott and Gulf Railway Company shall accept this right of way upon the express condition, binding upon itself, its successors and assigns, that they will neither aid, advise, nor assist in any effort looking towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian nations or 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 as a forfeiture of all the rights and privileges of said railway company under this act. SEC. 11. That all mortgages executed by said railway company conveying any portion of its railroad, with its franchises, that may be constructed in said Indian Territory, shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of their execution, and shall convey all rights and property of said company as therein expressed. SEC. 12. That Congress may at any time amend, add to, alter, or Not assignable prior repeal this act; and the right of way herein and hereby granted shall not be assigned or transferred in any form whatever prior to the construction and completion of the road, except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof. Received by the President, June 24, 1886. [NOTE BY THE DEPARTMENT OF STATE. The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] Aug. 4, 1886. 24 Stat., 219. Kickapoo Indians. Conveyance of lands to allottees extended to all adults. Vol. 2, p. 637. CHAP. 897.-An act to provide for the settlement of the estates of deceased Kickapoo Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the beneficial provisions of the amended third article of the treaty between the United States and the Kickapoo tribe of Indians of Kansas, made June twenty-eighth, eighteen hundred and sixty-two, and proclaimed May twenty-eighth, eighteen hundred and sixty-three, be, and the same hereby are, extended to all adult allottees under said treaty, without regard to their being "males and heads of families," and without distinction as to sex. SEC. 2. That where allottees under the aforesaid treaty shall have died, or shall hereafter decease, leaving heirs surviving them, and 43 Kans, 653, 48 Pac. without having obtained patents for lands allotted to them in accordSee note to 1893, e. ance with the provisions of said treaty, the Secretary of the Interior shall cause patents in fee-simple to issue for the lands so allotted, in the names of the original allottees, and such allottees shall be regarded, Patents to issue in name of original allottee, if deceased. Rep., 884. 203, post, p. 480. for the purpose of a careful and just settlement of their estates, as citizens of the United States and of the State of Kansas; and it shall be competent for the proper courts to take charge of the settlement of their estates, under all the forms and in accordance with the laws of the State of Kansas, as in the case of other citizens deceased; and where there are children of allottees left orphans, guardians for such orphans may be appointed by the probate court of the county in which. such orphans may reside; and such guardians shall give bonds, to be approved by the said court, for the proper care of the person and property of such orphans as provided by law. Settlement of es tates. Lands of allottee ceeds credited to the SEC. 3. That where allottees under said treaty shall have died, or dying without heirs shall hereafter decease, leaving no heirs surviving them, and without to be sold and prohaving become citizens and received patents for their allotments, as tribe. provided in the third article of said treaty, the Secretary of the Interior shall cause to be appraised and sold for cash, in such manner as he may direct, the lands of such allottees; and after paying the expense incident to such appraisement and sale, the net proceeds thereof shall be deposited in the Treasury of the United States to the credit of the said. Kickapoo tribe of Indians, to be expended in such manner as the Secretary of the Interior may deem best for the benefit of the said tribe. SEC. 4. That the Secretary of the Interior shall cause patents in feesimple to be issued for the lands sold under the provisions of the preceding section, in the same manner as patents are issued for public lands. Approved, August 4, 1886. Patents to issue as for public lands. ACTS OF FORTY-NINTH CONGRESS-SECOND SESSION, 1887. CHAP. 26.—An act to grant the Maricopa and Phoenix Railway Company of Arizona the right of way through the Gila River Indian Reservation. Jan. 17, 1887. 24 Stat., 361. Maricopa and Phoeauthorized to build through Gila River nix Railway Company railway, etc., line Location. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Maricopa and Phoenix Railway Company, a corporation created under and by virtue of the laws of the Territory of Arizona, be, and the said corporation is hereby, authorized, invested, and empowered with the right to locate, construct, Indian Reservation. own, equip, operate, use, and maintain a railway and telegraph and telephone line through the Indian reservation situated in the Territory of Arizona known as the Gila River Reservation, occupied by the Pima and Maricopa Indians, beginning at a point on the southerly line of said reservation where the track of the Maricopa and Phoenix Railway (said track being from a point at or near the track of the Southern Pacific Railroad at or near Maricopa Station to the city of Phoenix via Tempe) would strike said line, running thence in a northeasterly direction by the most practicable route to the northerly line of said reservation, with the right to construct, use, and maintain such tracks, turnouts, and sidings as said company may deem it to their interest to construct along and upon the right of way and depot grounds hereby granted. Right of way. SEC. 2. That a right of way one hundred feet in width through said Indian reservation is hereby granted to the said Maricopa and Phoenix Railway Company, and a strip of land two hundred feet in width, with a length of three thousand feet, in addition to said right of way, is granted for stations for every ten miles of road, no portion of which shall be sold or leased by the company, with the right to use such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of the road-bed, not exceeding one hundred feet in width on each side of said right of way, or as much thereof as may be included in said cut or fill: Provided, That no more than said addition of land shall be taken for any one station: Provided Stations. Provisos. only for railway, etc., purposes. Land to be used further, That no part of the lands granted shall be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad and telegraph and telephone lines; and when any portion thereof shall cease to be so used such portions shall revert to the tribe or tribes of Indians from which the same shall have been taken, or, in case they shall have ceased to Consent of Indians Occupy the same, to the United States: And provided further, That before any such lands shall be taken for the purposes aforesaid the consent of the Indians thereto shall be obtained in a manner satisfactory to the President of the United States. to be obtained. Damages. Maps to be filed Interior. SEC. 3. That before said railway shall be constructed through any lands held by individual occupants according to the laws, customs, and usages of any of the Indian tribes through which it may be constructed, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such railway, the amount of such compensation to be ascertained and determined in such manner as the Secretary of the Interior may direct, and to be subject to his final approval. SEC. 4. That said company shall cause maps showing the route of its with Secretary of the located line through and station grounds upon said Indian reservation to be filed in the office of the Secretary of the Interior, and that said location shall be approved by the Secretary of the Interior before any grading or construction on any section or part of said located line shall be begun: Provided, That said railway shall be located and constructed Rights of Indians to with a due regard for the rights of the Indians, and especially so as not to interfere with their irrigating ditches. Proviso. be regarded. Employees to reside on right of way. Survey may begin immediately. To be complete within two years. SEC. 5. That the officers, servants, and employees of said company necessary to the construction and management of said road shall be allowed to reside while so engaged upon said right of way upon the lands herein granted, but subject to the provisions of the Indian intercourse laws, and such rules and regulations as may be established by the Secretary of the Interior in accordance with the said intercourse laws. SEC. 6. That said railway company shall have the right to survey and locate its railway immediately after the passage of this act. SEC. 7. That said railway company shall build its entire line through said reservation within two years after the passage of this act, or this grant shall be forfeited as to that portion not built; and that said railFences, bridges, etc. way company shall fence, and keep fenced, all such portions of its road as may run through any improved lands of the Indians, and also shall construct and maintain continually all road and highway crossings and necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway's right of way, or may be by the proper authorities laid out across the same. Indians prohibited from riding. Bond to be execut ed and filed condi damages. SEC. 8. That said railway company shall prohibit the riding by Indians belonging to said reservation upon any of its trains, unless specially provided with passes signed by the Indian agent, or by some one duly authorized to act in his behalf. SEC. 9. That said railway company shall execute a bond to the United tioned for payment of States, to be filed with and approved by the Secretary of the Interior, in the penal sum of ten thousand dollars, for the use and benefit of the Pima and Maricopa tribes of Indians, conditioned for the due payment of any and all damages which may accrue by reason of the killing or maiming of any Indian belonging to said tribes, or either of them, or of their live stock, in the construction or operation of said railway, or by reason of fires originating thereby; the damage in all cases, in the event of failure by the railway company to effect an amicable settlement with the parties in interest, to be recovered in any court of the Territory of Arizona having jurisdiction of the amount claimed, upon suit or action instituted by the proper United States attorney in the name of the United States: Provided, That all moneys so recovered Litigation. Proviso. by the United States attorney under the provisions of this section shall be covered into the Treasury of the United States, to be placed to the credit of the particular Indian or Indians entitled to the same, and to be paid to him or them, or otherwise expended for his or their benefit, under the direction of the Secretary of the Interior. Moneys recovered direction of the Secre tary of the Interior. to be paid out under Condition of accept ance. SEC. 10. That the said Maricopa and Phoenix Railway Company shall SEC. 12. That this act shall be in force from its passage. Violation to work Right to amend, etc., reserved. To take effect immediately. CHAP. 47.-An act to amend the third section of an act entitled "An act to provide for the sale of the Sac and Fox and Iowa Indian Reservations, in the States of Nebraska and Kansas, and for other purposes," approved March third, eighteen hundred and eighty-five. Jan. 26, 1887. 24 Stat., 367. Sale of Sauk and Fox Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of the act and Iowa Indian resentitled "An act to provide for the sale of the Sac and Fox and Iowa ervations. Reservations, in the States of Nebraska and Kansas, and for other 1885, ch. 337, ante, purposes," approved March third, eighteen hundred and eighty-five, be, and the same is hereby, amended so as to read as follows: p. 229. Enrolled Indians allowed to select allot Head of family. Minor child. Lands selected to be Proviso. Patent to issue. SEC. 3. That if any member of said Sac and Fox or Iowa tribe of Indians, properly enrolled at the Pottawatomie and Great Nemaha ment of land. Agency, shall elect to remain upon the reservation of his respective tribe, he shall be allowed to select an allotment of land in quantity as follows: If he be the head of a family, one hundred and sixty acres; if a single person over eighteen years of age, or orphan child under eight- Single person. een years of age, eighty acres; and if a minor child under eighteen years of age, forty acres; heads of families selecting the land for themselves and minor children, and the United States Indian agent for orphan children. The lands so selected shall be held from sale as pro- held from sale. vided for herein, and shall be accepted at their fair valuation, to be ascertained by the Secretary of the Interior, in part satisfaction of his interest in and to said reservation, and of the moneys or fund realized from the sale thereof: Provided, That his right to share in the other funds and credits of the tribe shall not be impaired thereby; and the not impaired. Secretary of the Interior shall cause a patent to issue to each of the allottees, under the provisions of this act, and the act to which this act is an amendment, for the lands selected by or for such allottee, which patent shall be of the legal effect, and declare that the United States does and will hold the land thus patented for the period of twenty-five years, in trust for the sole use and benefit of the allottee, or, in case of his decease, of his heirs according to the laws of the State in which said land is situated, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as free of incumbrances aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever; and if any conveyance shall be made of the lands thus alloted, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void; and such lands, during such time, tion. shall not be subject to taxation, alienation, or forced sale, under execution or otherwise." Approved, January 26, 1887. Lands to be held in in trust for 25 years Fee then conveyed Exempt from taxa |