[30 Stat., 576.] for the service of the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and fulfilling treaty stipulations for the various Indian tribes, namely: For completing the necessary surveys within the Chippewa Indian Reservation in Minnesota, including expenses of examining and appraisServote to 1889, ch. ing pine lands, under the provisions of the Act approved January four Surveys. 24, ante, p. 301. Proviso. Aids to navigation. liable for overflows. teenth, eighteen hundred and eighty-nine, to be reimbursed to the United States out of proceeds of the sale of their lands, fifty thousand dollars: Provided, That all lands heretofore or hereafter acquired and sold by the United States under the "Act for the relief and civilization of the Chippewa Indians in the State of Minnesota," approved January fourteenth, eighteen hundred and eighty-nine, shall be subject to the right of the United States to construct and maintain dams for the United States not purpose of creating reservoirs in aid of navigation, and no claim or right of compensation shall accrue from the overflowing of said lands on account of the construction and maintenance of such dams or reservoirs. And the Secretary of War shall furnish the Commissioner of the General Land Office a list of such lands, with the particular tracts appropriately described, and in the disposal of each and every one of said tracts, whether by sale, by allotment in severalty to individual Indians, or otherwise, under said Act, the provisions of this paragraph shall enter into and form a part of the contract of purchase or transfer of title. -list of lands, etc. [30 Stat., 583]. Patents to Santee Sioux Indians. ante, p. 166. That the Secretary shall cause patents to issue to the Santee Sioux Indians who were assigned lands in the State of Nebraska under the Act approved March third, eighteen hundred and sixty-three, entitled "An Act for the removal of the Sisseton, Wahpeton, Medawakanton. 1876, 289, note and Wahpakoota bands of Sioux or Dakota Indians, and for the disposition of their lands in Minnesota and Dakota," which assignments were approved by the President May eleventh, eighteen hundred and eightyfive. Said patents shall be of the form and legal effect prescribed by the fifth section of the Act approved February eighth, eighteen hundred and eighty-seven, entitled "An Act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes." -form, effect, etc. Ante, p. 33. Leases by Sisseton and Wahpeton to be * That all leases hereafter made of lands belonging to the Sisseton and approved by Secretary Wahpeton Indians in the State of South Dakota shall, before they become valid, be approved by and filed with the Secretary of the Interior, and all subleases made by the persons leasing said lands shall be of the Interior, etc. See ante, p. 428. to [30 Stat., 591.] Extension of time Yakima Reservation, void. * That the time for the completion of the canal, or any part thereof, complete canal, authorized by an Act entitled "An Act granting to the Columbia Irrigation Company a right of way through the Yakima Indian ReservaAnte, p. 516. tion, in Washington," be, and is hereby, extended two years from July twenty-fourth, eighteen hundred and ninety-eight. Investigation of val- That the Secretary of the Interior be, and he hereby is, directed. ments embraced in through an Indian inspector, to cause an investigation to be made of Wind River or Sho- the kind, extent, character, and value of the improvements made by certain white men, citizens of the United States, since eighteen hundred and sixty-eight, upon tracts of land settled upon, occupied, and improved prior to the date of the treaty creating the Wind River or Shoshone Indian Reservation, in the State of Wyoming, which embraced within said reservation the tracts of land so previously settled upon, and to -report. report to Congress at the beginning of the next regular session the just and equitable value of said improvements made by the respective claimants thereof, who have been compelled to abandon the same and to remove from the said reservation, and such other facts respecting such settlement as may be of value in the adjustment of any claim arising from such removal. That the mineral lands only in the Colville Indian Reservation, in the State of Washington, shall be subject to entry under the laws of the United States in relation to the entry of mineral lands: Provided, That lands allotted to the Indians or used by the Government for any purpose or by any school shall not be subject to entry under this provision. Ante, p. 441. en position of proceeds. The right is hereby granted to cut timber for mining and domestic right to cut timber. purposes, at such prices and subject to such regulations as may be prescribed by the Secretary of the Interior, from that portion of the Colville Indian Reservation in the State of Washington, which was vacated and restored to the public domain by the Act of July first, eighteen hundred and ninety-two, entitled "An Act to provide for the opening of a part of the Colville Reservation in the State of Washington and for other purposes," and the net proceeds arising from the disposition of sale of timber, dissaid timber shall be set apart and disposed of according to the provisions of section two of said Act of July first, eighteen hundred and ninety-two, but primarily the expense incident to disposing of said timber, including compensation of such special agent as the Secretary of the Interior shall appoint, shall be paid out of any existing appropriation for the survey and allotment of said lands and shall be reimbursed and replaced from the proceeds arising from the disposition of the timber. The Indian allotments in severalty provided for in said Act shall be selected and completed at the earliest practicable time and not later than six months after the proclamation of the President opening the vacated portion of said reservation to settlement and entry, which proclamation may be issued without awaiting the survey of the unsurveyed lands therein. Said allotments shall be made from lands which to be made from surshall at the time of the selection thereof be surveyed, excepting that veyed lands. Allotments in sev eralty. Unallotted lands, etc. any Indian entitled to allotment under said Act who has improvements -Indian improveupon unsurveyed land may select the same for his allotment, whereupon ments. the Secretary of the Interior shall cause the same to be surveyed and allotted to him. At the expiration of six months from the date of the proclamation by the President, and not before, the non-mineral lands when subject to entry. within the vacated portion of said reservation which shall not have been allotted to Indians as aforesaid, shall be subject to settlement, entry and disposition under said Act of July first, eighteen hundred and ninety-two: Provided, That the land used and occupied for school purposes at what is known as Tonasket School, on Bonapart Creek, and the site of the sawmill, gristmill, and other mill property on said reservation, are hereby reserved from the operation of this Act, unless other allotment. lands are selected in lieu thereof as provided in section six of the aforesaid Act of July first, eighteen hundred and ninety-two. Proviso. Reservations from [30 Stat., 596.] unsold lands of. SEC. 9. That with the consent of the Indians, severally, the Secretary of the Interior is hereby authorized to cause a reappraisement of the unsold tracts of land of the Flathead Indians, situated in the Flathead Indians, Bitter Root Valley, Montana, by such person connected with the Indian reappraisal of certain service as he may designate, and that such lands shall then be sold, at -sale. the reappraised value, as provided for in the Act of Congress of March second, eighteen hundred and eighty-nine, chapter three hundred and See note to 1872, ch. ninety-one, Twenty-fifth Statutes at Large, page eight hundred and 308, ante, p. 135. seventy-one. Northern Cheyenne Reservation, Mont. SEC. 10. That the Secretary of the Interior be, and he is hereby, directed to send an inspector of his Department to the reservation of the Northern Cheyenne Indians, in the State of Montana, and said ting agent shall be instructed to make a full and complete report to the Secretary of the Interior upon the conditions existing upon said reservation, said report to be available for use on or before the fifteenth day of November, eighteen hundred and ninety-eight. -report on existing conditions by spector. -duties of inspector. Payment of Creek warrants in hands of innocent holders. 30 Stat. 68. It shall be the duty of the said inspector to ascertain if it is feasible to secure the removal of said Northern Cheyenne Indians from the present reservation to some portion of the Crow Indian Reservation, in the State of Montana. He shall also ascertain and report in detail the number and names of the white settlers legally upon the Northern Cheyenne Reservation, the number of acres of land owned by them, its location and the value thereof and of the improvements thereon. Also the number and names of white settlers who are alleged to be illegally settled upon the reservation, the circumstances attending their settlement thereon, and their location. He shall also enter into negotiations with the white settlers upon said reservation, who have valid titles, for the sale of their lands and improvements to the Government; and he is hereby authorized and empowered to make written agreements with such settlers, which agreements shall not be binding until ratified and approved by the Secretary of the Interior. He shall also make recommendations as to the settlement of the claims of such white settlers as have gone upon said reservation under circumstances which give them an equitable right thereon. He shall investigate the subject of fencing in the said reservation and shall indicate the lines such fence should follow and the estimated cost of same, and shall report upon the number of cattle and sheep which may safely be pastured within the limits recommended to be fenced. He shall further report upon and make recommendations with reference to any and all matters which in his judgment have any bearing upon the question of securing an equitable adjustment of the difficulties now existing upon said reservation and with especial reference to bringing about a satisfactory settlement with the white settlers, both as to the sale of their lands to the Government and the adjustment of the reservation limits. SEC. 11. That the Secretary of the Interior is hereby directed to pay out of the appropriation of the Act of Congress of June seventh, eighteen hundred and ninety-seven, such of the Creek warrants as are proven to be held by innocent holders who acquired them in good faith for value and without knowledge, actual or constructive, of irregularity or fraud in the issuance thereof, and such warrants shall upon payment be canceled by the Secretary of the Interior; and all the warrants so issued by said Creek Nation shall be presented to the Secretary of the Interior Warrants not pre- within ninety days from the passage of this Act, and all warrants not so presented are hereby declared null and void, and such warrants so presented which are not proven to have been issued or acquired in good faith for value and without knowledge, actual or constructive, of irregu larity or fraud in the issuance thereof, shall be held by the Secretary and marked upon their face "fraudulent and void." sented void, etc. July 7, 1898. 30 Stat., 715. Right of way of Gainesville, McAles ter and St. Louis Rail way through Indian Territory. Approved, July 1, 1898. CHAP. 574.-An act to amend an act entitled "An act to amend an act to grant to the Gainesville, McAlester and Saint Louis Railway Company a right of way through the Indian Territory." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section four of the Act entitled "An Act to amend an Act entitled 'An Act to grant to the Gainesville, McAlester and Saint Louis Railway Company a right of way through the Indian Territory,"" approved March fourth, eighteen Ante, p. 580, amendhundred and ninety-six, be, and the same is hereby, amended to read as follows: ed. gin on approval of River to South "SEC. 4. That the Gainesville, McAlester and Saint Louis Railway Construction to beCompany shall have the right to begin the construction of its line of map of location from road as soon as a map of definite location of the route of said road from McAlester, etc. Red River through the Indian Territory to or near South McAlester is filed with the Secretary of the Interior and approved by him: Provided, Construction beThat a map of definite location of said road from South McAlester to tween McAlester and Fort Smith shall be filed and approved before construction work shall Fort Smith. be begun between McAlester and Fort Smith." Approved, July 7, 1898. ACTS OF FIFTY-FIFTH CONGRESS-THIRD SESSION, 1899. CHAP. 65.-An act to authorize the Arkansas and Choctaw Railway Company to construct and operate a railway through the Choctaw and Chickasaw nations, in the Indian Territory, and for other purposes. Jan. 28, 1899. 30 Stat., 806. saw lands, Indian Ter Location. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Arkansas and Choc- Arkansas and Choctaw Railway Company, a corporation created under and by virtue of right of way through the laws of the State of Arkansas, be, and the same is hereby, invested Choctaw and Chickaand empowered with the right of locating, constructing, owning, equip- ritory. ping, operating, using, and maintaining a railway and telegraph and telephone line through the Choctaw and Chickew nations, in the Indian Territory, beginning at the point on the boundary line between the said Choctaw Nation and the county of Little River, in the State of Arkansas, where the said railway as now constructed runs, thence running by the most feasible and practicable route in a westerly direction through the said Choctaw Nation and through the Chickasaw Nation to such point on the western boundary line of the Chickasaw Nation at or near the town of Sugden, in said nation, as said corporation may select, with the right to construct, use, and maintain such tracks, turnouts, and sidings as said company may deem it to their interest to construct. Width. Land for stations, SEC. 2. That said corporation is authorized to take and use for all purposes of a railway and telegraph and telephone line, and for no other purpose, a right of way one hundred feet in width through the said Choctaw and Chickasaw nations for the said Arkansas and Choctaw Railway Company, the same to be fifty feet on either side of the track of said railway from the center thereof, and, in addition to the above right of way, to take and use a strip of land one hundred feet in width, etc. with a length of two thousand feet, for stations for every ten miles of road, with the right to use such additional grounds where there are heavy additional. cuts or fills as may be necessary for the construction and maintenance of the roadbed and track, not exceeding fifty feet in width on each side of the 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 further, That no part of the lands herein authorized to be taken shall be leased or sold by the company, and they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph and telephone lines; and when any portion thereof shall cease to be so used, such portion shall revert to the Choctaw Nation or Chickasaw Nation. Provisos. -limit. Limitations on grant. SEC. 3. That before said railway and telegraph and telephone line Damages. shall be constructed through any lands held by individual occupants according to the laws, usages, and custom of the Choctaw Nation or Chickasaw Nation, respectively, or by allotments under any law of the United States or agreement with the Indians, full compensation shall be made to such occupants for all property to be taken or damage done Referees. -appointment. -oath, etc. by reason of the construction of such railway and telegraph and telephone line. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraisement of disinterested referees, to be appointed-for the Choctaw Nation, one, who shall act as chairman, by the President; one by the principal chief of the Choctaw Nation, and one by the said railway company; and for the Chickasaw Nation, one, who shall act as chairman, by the President; one by the principal chief of the Chickasaw Nation, or, in case of an allottee, by said allottee or by his duly authorized guardian or representative, and one by said railway company, who, before entering upon the duties of their appointment, shall take and subscribe before a judge or clerk of a United States court or United States commissioner an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to, and filed with, the Secretary of the Interior within sixty days from the completion thereof; and upon the failure of either party to make such appointment within thirty days after the appointment made by the President the vacancy shall be filled by the judge of the United States court for the district of the Indian Territory in which the property sought to be condemned is situated upon the application of the other party. A majority of said referees shall be competent to act in case of the absence of a member, after due notice. The chairman of such board shall appoint the time and place for all hearings: Provided, That the hearings shall be within the county where the property is situated for which compensation is being assessed for the taking thereof or damage thereto, and at a place as convenient as may be for said occupant, unless the said occupant and said railway company agree Compensation of to have the hearing at another place. Each of said referees shall receive for his services the sum of four dollars per day for each day he is actually engaged in the trial of any case submitted to them under this Act, with mileage of five cents per mile for each mile actually traveled. Said board of referees shall have power to call for and examine witnesses under oath, and said witnesses shall receive the usual fees allowed witnesses by the laws of the Choctaw Nation and Chickasaw Nation, respectively. Costs, including compensation of the referees, shall be made a part of the award and be paid by the said railway company. In case the referees can not agree, then any two of them are authorized to make the award. Proviso. referees Witnesses. Costs. Appeal. -to district Indian Territory. SEC. 4. That either party being dissatisfied with the findings and award of the referees shall have the right, within ninety days after making the award and notice of the same, to appeal by original peticourt, tion to the United States district court for the district of the Indian Territory sitting at the place nearest and most convenient to the land and property which is sought to be condemned; and said suit shall then proceed for determining the damage done to the property in the same and like manner as other civil actions in the said court. The said court shall have jurisdiction to hear and determine the subject-matter of said petition, and the same shall be heard and determined by said court in accordance with the laws now in force or hereafter enacted for Measure of damages. the government of said court; and the measure of damages in condemning property authorized by this Act shall be that prescribed by the laws of the State of Arkansas, in so far as the same are not inconsistent with the laws now in force or hereafter enacted for the government of the United States courts in said Choctaw and Chickasaw nations in such cases. If the judgment of the court shall be for a larger sum than the award of the referees, the costs of the litigation shall be adjudged against the railway company; and if the judgment of the court shall be for the same as the award of the referees, then the costs shall be adjudged against the appellant. If the judgment of the court shall be for a smaller sum than the award of the referees, then Costs. |