Annual rental. Taxation. Survey. Maps to be filed. Proviso. Grading to begin on filing map. Employees to reside on right of way. Construction. 1896,c.213,post,p.596; Crossings, etc. of the compensation that said nation or tribe would be entitled to receive under the foregoing provisions. 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 among 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 railway 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. SEC. 6. That said company shall cause maps showing the route of its located lines through said Territory to be filed in the office of the Secretary of the Interior, and also to be filed in the office of the principal chiefs 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 is filed as herein provided for, said company shall commence grading said located line within six months thereafter, or such location shall be void; and said location shall be approved by the Secretary of the Interior in sections of twenty-five miles before construction of any such section shall be begun. SEC. 7. That the officers, servants, and employees of said company necessary to the construction and management of said railway shall be 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. SEC. 8. That said railway company shall build at least fifty miles of 1898, c. 102, post, p. 635. 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 railway 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. SEC. 9. That the said Denison and Northern 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 toward the changing or extinguishing the present tenure of the Indians in their lands, and will not attempt to secure from the Indian nations any further grant of land, or it soccupancy, Violation to forfeit, 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. Proviso. Record of mortgages. SEC. 10. That all mortgages executed by said railway company conveying any portion of its railway, 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. Amendment, etc. No assignment be SEC. 11. That Congress may at any time amend, add to, or alter this act; and the right of way herein and hereby granted shall not be fore construction. assigned or transferred in any form whatever prior to the construction and completion of the railway except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof. Approved, July 30, 1892. CHAP. 376.-An act for the relief of the Eastern Band of Cherokee Indians. Aug. 4, 1892. 27 Stat., 348. Cherokee, Eastern Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to use so much of the fund to the credit of the Eastern Band of Cherokee Indians located in the State of North 157, ante, p. 131. Carolina on the books of the Treasury as may be necessary for the payment annually of taxes upon such of their lands as are held in common, and also for the payment of the taxes that have already accrued, and for which the said lands were sold, together with costs incurred upon conveyance of purchasers of said lands to said Eastern Band of Cherokee Indians. All orders or provisions for the sale of timber on said lands to pay the accrued taxes and incumbrances on the same are hereby revoked. Approved, August 4, 1892. Sales of timber revoked. Apr. 6, 1892. 27 Stat., 394. Preamble. See note to 1878, c. RESOLUTION No. 6.-Joint resolution construing article four of the agreement with th Citizen Band of Pottawatomie Indians in Oklahoma Territory and elsewhere. Whereas the provisions of the articles of agreement by and between the United States and the Citizen Band of Pottawatomie Indians, 200, ante, p. 175. residing in Oklahoma Territory and elsewhere, ratified by Congress March 3, 1891, requires that large sums of money be paid to them in said tract of country which is construed to mean said Territory of Oklahoma; and Citizen Band, Potawatomi Indians. Payments may be Whereas many members of said band of Indians reside in Kansas who through age, poverty, and sickness suffer great hardships by being compelled to go to said Territory to receive their payments: Therefore Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That article four of said agreement be, and the same is hereby, construed so as to authorize the Secretary of the Interior in his discretion to direct the proper officers of the made to them in KanDepartment of the Interior to make the payments, as they fall due, to the members of said band residing in Kansas at some point in their original reservation in said State as will accommodate the greatest number of said Indians. Approved, April 6, 1892. sas. Ante, p. 411. ACTS OF FIFTY-SECOND CONGRESS-SECOND SESSION, 1893. CHAP. 32.-An act granting to the Blue Mountain Irrigation and Improvement Company a right of way for reservoir and canals through the Umatilla Indian Reservation in the State of Oregon. Jan. 12, 1893. 27 Stat., 417. Blue Mountain Irri gation and Improve ment Company. Purchase of lands on Umatilla Indian Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Blue Mountain Irrigation and Improvement Company, a corporation organized and existing under the laws of the State of Oregon, may purchase so much of sections one (1) and two (2) in township one (1) south of range Reservation for reserthirty-three (33) east Willamette meridian, in the Umatilla Indian voir and dam authorReservation in the State of Oregon, as may be required by said com- Note, 1882, c. 392, pany for the purpose of a reservoir, dam and grounds accompanying, ized. ante, p. 209. Right of way for irrigating canal. Location. Supplying water. Commissioners way. out of lands allotted to or which may have been selected for allotment by any Indians, if said company shall be able to agree with the Indian owners or allottes thereof upon the terms of such sale and the Secretary of the Interior shall approve and ratify the same; but the said company shall have no right to compel the sale by any Indian owner or allottee of any lands for the purposes of reservoir or dam, or accompanying grounds. And said company may also take of the lands in said sections one and two in said reservation which have not yet been allotted, so much additional land as shall be required for the purposes of a reservoir and dam and necessary grounds appurtenant thereto, upon making payment as hereafter provided in respect to the right of And upon and after acquiring by purchase as aforesaid, with the approval of the Secretary of the Interior, the necessary grounds for reservoir and dam, the right of way is hereby granted to said Blue Mountain Irrigation and Improvement Company for a main ditch or canal to commence at a point on McKay Creek north, six degrees west of corner to sections one, two, eleven and twelve, township one south, range thirty-three east, Willamette meridian, thence running across said Indian reservation to the city of Pendleton, and to the Umatilla River, with the right to divert the waters of McKay Creek and its tributaries and for such other purposes to construct and maintain reservoirs, dams, flumes, ditches, and such other structures and devices as may be necessary for storing, conveying, and distributing water at such points as said company may desire to use the same. But all the rights herein granted are upon the express condition that during their continuance, the grantees or their assigns shall furnish to occupants of said lands on said reservation, so situated as to be capable of irrigation or supply from any ditch constructed by them hereunder, water sufficient for purposes of agricultural and domestic uses and irrigation under such rules and regulations and on such terms as the Secretary of the Interior shall prescribe, and shall not divert or diminish the volume of water in said streams or exhaust either of them, so far as to impair vested rights, or to hinder, or prevent the occupants of lands on said reservation from the full enjoyment of said streams either for to power, irrigation, or domestic purposes. For the purpose of determining the fairness of any agreement of sale negotiated with any of said Indian owners or allottees, and the wisdom of their making such sale to said company, the Secretary of the Interior shall appoint such commissioners, not exceeding three in number, as he shall think fit, to personally inquire into and report to him the facts in respect to said matter, and he shall approve and ratify or disapprove any such agreement as he shall think the best interests of the Indians may require; and all expenses attending such inquiry shail be paid by the said Blue Mountain Irrigation and Improvement Company, security for the payment of which may be required in advance by the Secretary of the Interior. determineagreement. Expenses. Right of way. Material, etc. Compensation Indian allottees. SEC. 2. That the right of way to said company shall be fifty feet in width on each side of the center line of said ditch or canal, together with the ground adjacent to the said right of way for distributing ditches not exceeding ten acres in the aggregate for every ten miles of said ditch or canal. The company shall also have the right to enter upon lands adjacent to said canal or reservoir to take therefrom material, stone, earth, or timber necessary for the construction of said to dam, ditch, or canal. But no land belonging to any Indian owner in severalty, or which shall have been selected for allotment by any Indian, shall be taken by the said company, nor shall the company have a right to take therefrom any material, stone, earth, or timber except by agreement with the said Indian owner approved by the Secretary of the Interior, or by first making compensation for the same, and any injury thereby caused to other lands of such Indian owner or allottee, to be determined by the Secretary of the Interior, after appraisal in the manner provided in section one of this act. Commissioners to fix compensation for Vacancies in commission. Ante, p. 224. SEC. 3. That the Secretary of the Interior may appoint three commissioners to fix the amount of compensation to be paid the Indian right of way, etc. owners or allottees for right of way for the said main ditch or canal of the said company, which shall include the value of the land taken therefor and all damages to other lands of such owner or allottee caused by such taking; and also to fix the amount of compensation to be paid for any lands of the tribe, not allotted or selected for allotment by individuals which may be required by the said company for reservoir and dam and adjacent grounds or for right of way or for distributing ditches, which shall be fixed upon the same principle; and such compensation and damages shall be ascertained and adjusted and all surveys made pursuant to such regulations as the Secretary of the Interior shall prescribe, and shall be in all cases subject to his approval. In case of inability or refusal of any commissioner to act or continue in service, after appointment, the Secretary of the Interior shall by appointment supply such vacancy or vacancies so caused. The Secretary of the Interior shall fix the compensation of such commissioners, Compensation. not exceeding that allowed to the commissioners appointed under the provisions of an act of Congress entitled "An act providing for the allotment of lands in severalty to the Indians residing upon the Umatilla Indian Reservation in the State of Oregon, and granting patents therefor, and for other purposes," approved March third, eighteen hundred and eighty-five, and the same shall be paid by the said Blue Mountain Irrigation and Improvement Company and the Secretary of the Interior may require security for the payment thereof in advance of their appointment. The consent of the Indians upon said reservation to the granting of this right of way and the diversion of the water necessary to the accomplishment of the purposes of said company shall be obtained by the said company in such manner as the Secretary of the Interior shall prescribe, before any right of way under this act shall accrue to this company. In all cases, all lands which have been selected by any individual Indians upon said reservation for allotment, shall be treated and regarded for the purposes of this act as belonging to such Indian allottee; but the Secretary of the Interior may hold any moneys agreed to be paid, or awarded to him, in compensation for lands sold or taken, or injuries resulting, until the approval by him of the allotment and the issuance of patent therefor; but the same shall then be paid over to, or invested for, such Indian owner as the Secretary of the Interior in his discretion may see fit. Payment for land in said reservation held by the Indians of said tribe in common, and of all damages awarded to them by reason of the construction of the dam and reservoir, ditch or canal, are to be made to the confederated tribe in common occupying the reservation under the direction of the Secretary of the Interior. Consent of Indians Payment to Indian allottees. Payment to tribe. No assignment before completion. SEC. 4. That said company shall not assign, transfer, or mortgage its rights of way for any purpose whatever until the said canal shall be completed except however that the company may mortgage said franchise for the purpose of raising money to construct said reservoir and canals: Provided, That the right herein granted shall be lost and for- Proviso. feited by said company unless the canal is constructed across the reservation within three years from the passage of this act. SEC. 5. That the right of immediate entry upon the lands of said reservation for the purpose of making surveys of the line of the ditch or canal of said company is hereby granted, but no right of any kind. in or to any part of the right of way or other grounds above mentioned shall vest in said company until plats thereof, made upon actual survey for the definite location of said ditch or canal, including the points for dams, reservoirs and distributing ditches, with the amount of ground Construction. Surveys. Forfeiture. Amendment, etc. requisite for such purposes, shall be filed with the Secretary of the Interior, and until the compensation for said lands and for the services of said commissioners has been fixed and paid. SEC. 6. That any failure in the performance of the conditions prescribed in this act shall be taken and deemed to work a forfeiture of the rights herein granted, without any act of Congress or judgment of court declaring the same. SEC. 7. That the right to alter, amend, or repeal this act is hereby reserved. Approved, January 12, 1893. Jan. 20, 1893. 27 Stat., 420. Yuma Pumping Irrigation Company through Yuma Indian Reservation, Ariz. Post, p. 461. Location. Branch. CHAP. 39.-An act granting to the Yuma Pumping Irrigation Company the right of way for two ditches across that part of the Yuma Indian Reservation lying in Arizona. Be it enacted by the Senate and House of Representatives of the United granted right of way States of America in Congress assembled, That there is hereby granted unto the Yuma Pumping Irrigation Company, incorporated under the laws of Arizona, its successors and assigns, a right of way one hundred feet wide, the center line of which right of way shall commence on the bank of the Colorado River, three hundred feet west of the east line of the Yuma Indian Reservation, in Arizona (formerly the Fort Yuma military reservation); thence running westerly along said bank to the center of the angle of the flume of said company; thence following the center of the ditch of said company to the boundary line of the said reservation. Also, there is hereby granted unto said corporation, its suecessors and assigns, a right of way two hundred feet wide across said reservation in Arizona, the center line of which shall commence at low water of the Colorado River, one hundred and fifty feet westerly of the east line of the said reservation; thence running in a southerly direction to and crossing the west line of said reservation one hundred and fifty feet, more or less, north of the southwest corner of said reservation: Provided, That for the distance of two hundred and fifty feet from the point of beginning on said river said right of way shall be three hundred feet in width. The plats of the ditches of said company Secretary of the In- through said reservation shall be subject to the approval of the Secreterior to approve tary of the Interior, and such ditches shall not be so located or the rights of way herein granted so used as to in any manner interfere with any permanent building upon said reservation, except with the express assent of said Secretary of the Interior. Proviso. plats, etc. Condition. Amendment, etc. SEC. 2. That the rights herein granted are upon the express condition that the grantee or grantees thereof shall, at all times during the continuance thereof, furnish the Indian occupants of the lands situated south of and under either of said ditches, and within said reservation as now bounded, water sufficient for all domestic and agricultural purposes, and purposes of irrigation, on such terms, and under such rules and regulations as shall be prescribed by the Secretary of the Interior. SEC. 3. That this act shall take effect and be in force from and after its passage, but the right to amend or repeal it at any time is hereby reserved to Congress. Approved, January 20, 1893. Jan. 28, 1893. 27 Stat., 426. CHAP. 52.-An act to authorize the Court of Claims to hear and determine the claims of certain New York Indians against the United States. Be it enacted by the Senate and House of Representatives of the United New York Indians. States of America in Congress assembled, That jurisdiction is hereby |