Construction. Crossings, etc. Condition of accept ance. 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. 10. That said railway company shall build at least seventy-five miles of its railway in said nations within three years after the passage of this Act and complete the same within three years thereafter, or the rights herein granted shall be forfeited as to that portion not built. That said railway company shall construct and maintain continually all roads 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. SEC. 11. That the said Fort Smith and Western Railroad 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 any effort looking toward the changing or extinguishing the present tenure of the Choctaw Indians or Creek Indians in their land, and will not attempt to secure from the Choctaw Nation or Creek Nation any further grant of land or its occupancy than is herein before provided: Violation of forfeit. 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. Amendment. Assignment, etc., of right of way. May 27, 1898. 30 Stat., 745. Public lands. Lands in Mille Lac SEC.12. That all mortgages, deeds of trust, and other conveyances executed by said railway company, conveying any portion of its railway, telegraph, and telephone lines, with its franchises, that may be constructed in said Choctaw Nation and Creek Nation 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. 13. That Congress may at any time amend, add to, alter, or repeal this Act. SEC. 14. That 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. Approved, March 3, 1899. RESOLUTION NO. 40.-Joint resolution declaring the lands within the former Mille Lac Indian Reservation, in Minnesota, to be subject to entry under the land laws of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That all public lands forIndian Reservation, merly within the Mille Lac Indian Reservation, in the State of MinneMinn., open to entry. sota, be, and the same are hereby, declared to be subject to entry by any bona fide qualified settler under the public land laws of the United States; and all preemption filings heretofore made prior to the repeal of the preemption law by the Act of March third, eighteen hundred and ninety-one, and all homestead entries or applications to make entry under the homestead laws, shall be received and treated in all respects as if made upon any of the public lands of the United Reservation of In-States subject to preemption or homestead entry: Provided, That lot 26 Stat., 1097. Proviso. dian burial place. four in section twenty-eight, and lots one and two in section thirtythree, township forty-three north, of range twenty-seven west of the fourth principal meridian, be, and the same are hereby, perpetually reserved as a burial place for the Mille Lac Indians, with the right to remove and reinter thereon the bodies of those buried on other portions of said former reservation. Approved, May 27, 1898. ACTS OF FIFTY-SIXTH CONGRESS-FIRST SESSION, 1900. CHAP. 111-An act enlarging the powers of the Choctaw, Oklahoma and Gulf Railroad Company. Mar. 28, 1900. 31 Stat., 52. brances. Railroad. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the limitations imposed Choctaw, Oklahoma by the proviso to section four of the Act approved August twenty-Repeal of limitation fourth, eighteen hundred and ninety-four, entitled "An Act to author- as to constructing ize the purchasers of the property and franchises of the Choctaw Coal Ante pp. 549 and 595, and Railroad Company to organize a corporation, and to confer upon the same all the powers, privileges, and franchises vested in that company," or by any Act amendatory of said Act upon the power of the Choctaw, Oklahoma and Gulf Railroad Company, the corporation organized thereunder, to construct branches authorized by said section four of said Act of August twenty-fourth, eighteen hundred and ninety-four, are hereby repealed, except in so far as these limitations -except. require the filing of maps of the said branches with the Secretary of the Interior and his approval of the same. Indian reservations, SEC. 2. That the powers heretofore conferred upon the said Choctaw, Construction through Oklahoma and Gulf Railroad Company by the said act of August etc. twenty-fourth, eighteen hundred and ninety-four, and the Acts amendatory thereof, shall be so construed as to authorize the construction and operation of the railroad and branches thereby or hereby authorized through and over any Indian reservations, subject to the payment of the compensation provided for in said Acts as to land in the Indian Territory, and through and over any Indian allotments, subject to the compensation provided by the laws of Oklahoma. forming continuous SEC. 3. That it shall and may be lawful for the Choctaw, Oklahoma Company may purand Gulf Railroad Company to purchase the franchises, railroad and for ete.. railroads other property of, or to consolidate with, any other railroad company lines with it. incorporated under the laws of any State or Territory of the United States whose lines may now or hereafter form a continuous line of railroad with it, either directly or by means of an intervening railroad, upon complying with the regulations and requirements of the laws of the State or Territory in which such road is located, applicable to such purchase or consolidation. stock. may guarantee erty acquired. bonds, etc., of prop Proviso. -or leased. authorized. SEC. 4. That for the purpose of perfecting such purchase or con- -may increase its solidation it shall be lawful for said Choctaw, Oklahoma and Gulf Railroad Company to increase its stock, either preferred or common or both, and to guarantee the payment of the principal and interest of the bonds and other obligations of any company whose property is thus acquired, or of dividends on its preferred or guaranteed stock: Provided also, That the power conferred by this section shall also extend to like guaranties of the bonds, obligations, and dividends on stocks of companies whose roads may now or hereafter be leased to the said Choctaw, Oklahoma and Gulf Railroad Company. SEC. 5. That for the purpose of providing means for the construction Increase of stock of its railroad and branches, the acquisition of additional property, the payment of its obligations, or for other corporate purposes, the said Choctaw, Oklahoma and Gulf Railroad Company is authorized to increase from time to time its issue of preferred and common stock, and to dispose of the same upon such terms as may be deemed necessary. Before any such increase shall be made the same shall have been authorized by the holders of a majority of the then outstanding stock of the company, voting in person or by proxy, at a meeting duly called by the board of directors of the company, which shall be held at the general office of the company, of which meeting notice shall have been given by advertisement once a week for sixty days prior to such meeting, in at least one newspaper published in the city or county wherein such principal office is situate. Approved, March 28, 1900. Apr. 4, 1900. 31 Stat., 59. Oto and Missouri In dians, Nebraska and Kansas. Revision of sale of land in reservation of, confirmed. See note to 1881, c. 128, ante, p. 190. purchasers. CHAP. 156.-An act approving a revision and adjustment of certain sales of Otoe and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the revision and adjustment of the sales of lands in the late reservation of the confederated Otoe and Missouria tribes of Indians in the States of Nebraska and Kansas, to which more than three-fourths of the adult male members of said tribes have given their consent, by an instrument in writing dated the twentieth day of November, eighteen hundred and ninetynine, and now on file in the office of the Secretary of the Interior, is hereby approved and confirmed, and the Secretary of the Interior is hereby directed to carry the same into full force and effect as to all delinquent purchasers of said lands, their heirs and legal representa-manner of enforc- tives, in the following manner, to wit: The Secretary of the Interior ing as to delinquent shall cause notice to be given to said purchasers, their heirs and legal representatives, respectively, of the amounts of the deferred payments found to be due and unpaid on their respective purchases under the adjustment hereby confirmed; and within one year thereafter it shall be the duty of such purchasers, their heirs and representatives, respectively, to make full payment in cash of the amounts thus found to be due by them, severally, and in default of such payment within said period of one year the entry of any purchaser so in default shall be forthwith canceled and the lands shall be resold for the benefit of the Indians at not less than the appraised value thereof, and in no case at less than two dollars and fifty cents per acre, as provided in the Act under which they were originally sold. Upon making such complete payment within the time so fixed each purchaser, his heirs or legal representatives, shall be entitled to receive a patent for the lands so purchased. Approved, April 4, 1900. Apr. 17, 1900. 31 Stat., 134. toba Railroad granted Minn. Reservation, See note to 1889, c. 24, ante, p. 302. CHAP. 193.-An act granting the right of way to the Minnesota and Manitoba Railroad Company across the ceded portion of the Chippewa (Red Lake) Indian Reservation in Minnesota. Be it enacted by the Senate and House of Representatives of the United Minnesota and Mani- States of America in Congress assembled, That there is hereby granted right of way through to the Minnesota and Manitoba Railroad Company, a corporation Chippewa (Red Lake) organized and existing under the laws of the State of Minnesota, and its successors and assigns, the right of way of said railroad, with necessary side tracks and switch tracks, and for telegraph and telephone lines, through the ceded lands of what was formerly the Red Lake Indian Reservation, which railroad commenced at a point at or near the terminus of the Manitoba and Southeastern Railway, on the boundary line between the State of Minnesota and the province of Manitoba; thence in a southeasterly direction through townships one hundred and sixty-four, one hundred and sixty-three, one hundred and sixty-two, one hundred and sixty-one, one hundred and sixty to a point on Rainy River, forming the northeastern boundary of the State of Minnesota, at or near the mouth of the Baudette River, in the State of Minnesota, which right of way shall be fifty feet in width on each side of the central line of said railroad. And said company shall also have the right to take from lands, to which there is no prior valid claim and which have not been appraised for sale as pine lands, lying adjacent to the line of said railroad, material, stone, earth, and timber necessary for the Additional ground construction of said railroad; also ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turn-outs, turntables, water stations, and such other structures at such points as -width. Materials. for stations, etc. -use restricted. Damages. the said railroad company may deem to their interest to erect, not to SEC. 3. That said company shall file maps showing the definite location of the line of road and station grounds in the local land office for the district in which the land lies, and upon approval thereof by the Secretary of the Interior the grant of right of way shown thereon shall relate back to the date of such filing. Upon the completion of the road the company shall file an affidavit of its engineer and a certificate of its president as evidence thereof. SEC. 4. That said company is hereby authorized to enter upon said ceded lands for the purpose of surveying and locating its line of railroad. SEC. 5. That the right herein granted shall be forfeited by said company unless the road shall be constructed through the said ceded lands within two years after the passage of this Act. Plats. Proviso. Maps. Surveys. Completion. SEC. 6. That nothing herein contained shall restrict or impair the Railroad rights. rights which said company may now have or hereafter acquire to the benefits and provisions of the Act of Congress approved March third, eighteen hundred and seventy-five, entitled "An Act granting to railroads the right of way through the public lands of the United States." SEC. 7. That Congress reserves the right to alter, amend, or repeal Amendment. this Act, or any part thereof. Approved, April 17, 1900. May 24, 1900. 31 Stat., 182. Smith and Western CHAP. 546.-An act to amend section eight of the act of Congress entitled "An act to authorize the Fort Smith and Western Railroad Company to construct and operate a railway through the Choctaw and Creek nations, in the Indian Territory, and for other purposes.' Be it enacted by the Senate and House of Representatives of the United Right of way of Fort States of America in Congress assembled, That section eight of the Act Railroad through to authorize the Fort Smith and Western Railroad Company to conChoctaw and Creek struct and operate a railway through the Choctaw and Creek nations, in the Indian Territory, and for other purposes, be, and the same is hereby, amended to read as follows: nations, Indian Terri tory. Maps of route to be filed. 1899, c. 453, ante, p. 695. Provisos. -of first 80-mile section. "SEC. 8. That said company shall cause maps, showing the route of its located lines through said nations, 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 said nations; 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 or maps of the first eighty miles of said line from Fort Smith to a crossing of the Missouri, Kansas and Texas Railroad at or near South Canadian shall be filed in the office of the Secretary of the Interior, the same may be approved by the Secretary of the Interior to authorize the commencement of construction of said eighty-remaining sections. mile section: Provided further, That a map or maps showing (sections of at least twenty-five miles in length) of the remaining portion of said line in the Indian Territory shall be filed with and approved by the Secretary of the Interior before the construction of any such said remainBridges authorized. ing section shall be commenced; and said company shall have the right to build in the line of said railroad a bridge across the Poteau River and bridges across the two forks of the Canadian River crossed by said line, but the plan of construction of said bridges shall be first approved by the Secretary of War: Provided further, That said railway company can change its located line after the approval of its map by the Secretary of the Interior in such cases where the topography of the country, in the opinion of the president of the railway company, justifies such change; but such change of line shall not vary more than five miles in either direction from the location shown on the map so approved, and an additional map showing such change shall be filed with and approved by the Secretary of the Interior before the construction of that portion of the road shall be commenced, and thereupon shall have the same force and effect as if originally filed with and approved by him. Changes, etc. May 31, 1900. 31 Stat., 221. Approved, May 24, 1900. CHAP. 598.-An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Indian Department States of America in Congress assembled, appropriations, See general provi sions of this act, ante, p. 105. [31 Stat., 229.] Recording chattel Agency. That hereafter all chattel mortgages executed in the Quapaw Agency mortgages in Quapaw in the northern district of the Indian Territory shall be recorded in the town of Miami by the clerk of the said northern district of the Indian Territory, or his duly appointed deputy, in a book or books kept for the purpose. See note to 1872, c. 309, ante, p. 136. That the Secretary of the Treasury be, and he is hereby, authorized Payment of balance to pay the balance of awards made to the loyal Seminole Indians under the direction of the Secretary of the Interior, with interest thereon, as of awards. |