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stations, not to exceed in amount three hundred feet in width and three thousand feet in length for each station, to the extent of one station for each ten miles of road. SEC. 3.
That it shall be the duty of the secretary of the interior to fix the amount of compensation to be paid the Indians for such right of way and material, and provide the time and manner for the payment thereof, and also to ascertain and fix the amount of compensation to be made individual members of the tribe for damages sustained by them by reason of the construction of said road; but no right of any kind shall vest in said railroad company in or to any part of the right of way herein provided for until plats thereof, made upon actual survey for the definite location of such railroad, and including the points for station-building, depots, machine-shops, side-tracks, turn-outs, and water-stations, shall be filed with and approved by the secretary of the interior, which approval shall be made in writing and be open for the inspection of any party interested therein, and until the compensation aforesaid has been filed and paid; and the surveys, construction, and operation of such railroad shall be conducted with due regard for the rights of the Indians, and in accordance with such rules and regulations as the interior may make to carry out this provision: Provided, That the president of the United States may, in his discretion, require that the consent of the Indians to said right of way shall be obtained by said right of way shall be obtained by said railway company, in such manner as he may prescribe, before any right under this act shall accrue to said company.
SEC. 4. That said company shall not assign or transfer or mortgage this right of way for any purpose whatever until said road shall be completed: Provided, That the company may mortgage said franchise, together with the rolling-stock, for money to construct and complete said road: And provided f??rther, That the right granted herein shall be lost and forfeited by said company unless the road is constructed and in running order within two years from the passage of this act: And provided further, That no part of said line shall touch any portion of the Yellowstone National Park
SEC. 5. That said railway company shall accept this right of way upon the expressed condition, binding upon itself, its successors, and assigns, that they will neither aid, assist, nor advise in any effort looking toward the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is heretofore provided: Provided, That any violation of the condition mentioned in this section shail operate as a forfeiture of all the rights and privileges of said railway company under this act.
SEC. 6. That congress may any time amend, add to, alter, or repeal this act. That this act shall be force from its passage.
Approved, June 4, 1888. CHAP. 503.-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 year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes. SEC. II.
Until otherwise provided by law, all that portion of what is known as the Blackfoot Indian Reservation in Montana territory, lying west of the one hundred and eighth meridian, added to the United States under an agreement with the several bands of Indians occupying the same, which said agreement was ratified by act of Congress approved May first, eighteen hundred and eighty-eight), is hereby attached to and made a part of the county of Choteau, in said territory, and, until otherwise provided by law, all that portion of said reservation ceded under said agreement and lying east of the one hundred and eighth meridian, Montana, is hereby attached to and made part of the county of Dawson, in said territory. The laws of the territory of Montana now in force in the counties of Dawson and Choteau shall extend over and be in force in the portions of territory added to said counties, respectively.
CHAP. 743.—An act to authorize the construction of a bridge across the Missouri River
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Benton Bridge Company, a corporation existing under the laws of the territory of Montana, and having authority to construct and maintain a bridge across the Missouri River at or near Fort Benton, in the county of Choteau in said territory, be, and is hereby, authorized to construct and maintain, for the purpose of making a more perfect crossing of said river at ail times during the year, a bridge across the said Missouri River at or near said Fort Benton, to be used by the said company, its successors or assigns, for all purposes of rail and other transportation over said river. SEC. 2.
That any bridge built under this act shall be constructed and built without material interference with the security and convenience of navigation of said river bevond what is necessary to carry into effect the rights and privileges hereby granted. And in order to secure that object the said company or corporation shall submit to the secretary of war, for his examination and approval, a design and drawings of the bridge and of all accessory works for its protection, and a map of the location for the space of one-half mile above and the same below the proposed location, showing the topography of the banks of the river, the shore-line at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed of the stream, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the secretary of war the building of the bridge shall not be commenced; that the said bridge shall be at right angles to and the piers parallel with the current of said river; and if it be found hereafter that the said bridge or accessory works materially interfere with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted, by reason of any defect or failure in the accessory works aforesaid to accomplish the purpose for which they are designed, it shall be the duty of the secretary of war to require the necessary changes to be made therein in the interest of navigation at the expense of the owners: Provided, That as to any bridge built under this act, if the said bridge shall be built of unbroken and contiuuous spans, it shall not be of less elevation in any case than fifty feet above extreme high water mark, as understood at the point of location, to the lowest part of the superstructure of the bridge, nor shall the spans of said bridge be less than one hundred and twenty feet in length, clear of the piers, and the main spans shall be over the main channel of the river: And provided also, That if any bridge built under the provisions of this act shall be constructed as a draw bridge, the same shall be constructed as a pivot draw bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans at any point not less than ten feet above extreme high-water mark at the point of location, and of not less than sixty feet on each side of the central or pivot pier of the draw; and the next adjoining spans shall be not less than one hundred and twenty feet in length: Provided, also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company shall maintain, at their own expense, from sunset to sunrise, such lights and other signals on said bridge as the Light-House Board may prescribe: Provided, also, that all railroad companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the secretary of war upon hearing the allegations and proofs of the parties in case they shall not agree. The owners of said bridge may also charge and receive reasonable compensation or tolls for the transit over said bridge of all wagons, carriages, vehicles, animals and foot passengers: Provided, That the secretary of war may at any time prescribe such rules, regulations, and rates of toll for transit and transportation over said bridge as may be deemed proper and reasonable.
SEC. 3. That any bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be a lawful structure, and said bridge shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, the munitions of war of the United States, than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States, and congress reserves the right to regulate by appropriate legislation the charges for freight and passengers over said bridge.
Sec. 4. That equal privileges in the use of said bridge shall be granted to all telegraph companies, and the United States shall have the right of way for postal telegraph across said bridge.
Sec. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in the said structure or its entire removal at the expense of the owners thereof whenever secretary of war shall decide that the public interests require it is also expressly reserved.
SEC. 6. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof.
Approved August 6, 1888. CHAP. 47.-An act authorizing the Secretary of War to issue to the governor of the Territory of Montana military stores for the use of the regularly enlisted, organized, and uniformed active militia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the secretary of war be, and he is hereby, authorized and directed to issue to the governor of the territory of Montana such additional arms, ordance stores, quartermaster's stores, and camp equipage as may be required to fully arm and equip the present regularly enlisted, organized, and uniformed active militia of said territory, consisting of seven general staff officers and the officers and men of one regiment of eight companies of infantry, two companies of cavalry, and one battery of artillery: Provided, That the amount to be expended under the provisions of this act shall not exceed the sum of thirty-three thousand eight hundred and sixty dollars and seventysix cents, being the balance remaining charged against said territory on account of the sum of sixty-nine thousand two hundred and ninety-six dollars and seventy-seven cents, charged against said territory on account of the issuance of field artillery, arms, and so forth, in August, eighteen hundred and sixty seven; and to enable the secretary of war to carry out the provisions of this act said sum of thirty-three thousand eight huudred and sixty dollars and seventy-six cents is hereby appropriated out of any money in the treasury not otherwise appropriated: And provided further, That nothing herein shall affect the apportionment hereafter, to said territory, of arms, ordnance stores, quartermaster's stores, camp equipage, under existing laws and regulations: And provided further
, That the military stores to be issued hereunder shall remain the property of the United States, and said governor shall be chargeable therewith as now provided by law.
Approved, January 16, 1889.
CHAP. 134.—An act granting to the Big Horn Southern Railroad Company a right of way through a part of the Crow Indian reservation in Montana Territory.
Be it, enacted by the Senate and House of Representatives of the United States of America in Congress assembleit
, That a right of way is hereby granted, as hereinafter set forth, to the Big Horn Southern railroad company, a corporation duly organized and existing under the laws of territory of Montana, for the construction, operation, and maintenance of its railroad, telegraph, and telephone line through the lands set apart for the use of the Crow Indians, and commonly known as the Crow Indian reservation, beginning at a point on the Northern Pacific railroad, in the vicinity of the mouth of the Big Horn river, in Yellowstone county, Montana territory; thence by the most practicable route up said Big Horn river to or near the mouth of the Little Big Horn river; thence up said Little Big Horn river to or near the mouth of Owl creek; thence up said creek to and across the southern boundary-line of said reservation.
SEC. 2. That the right of way hereby granted to said company shall be seventy-five feet in width on each side of the central line of said railroad, as aforesaid; and said company shall also have the right to take from said lands adjacent to the line of said road material, stone, earth, and timber necessary for the construction of said railroad; also ground adjacent to said right of way for station buildings, depots, machine shops, side-tracks, turn-outs,' and water stations, not to exceed in amount three hundred feet in width and three thousand feet in length for each station, to the extent of one station for each ten miles of its road, except at the terminus of said road at a point on the Northern Pacific railroad in the vicinity of the mouth of the Big Horn river, Yellowstone county, Montana, and at such point not to exceed one hundred and sixty acres, or so much thereof as the secretary of the interior shall decide to be reasonably necessary for terminal facilities.
That it shall be the duty of the secretary of the interior to fix the amount of compensation to be paid the Indians for such right of way, and grounds adjacent thereto, as provided in section two, and provide the time and manner for the payment thereof; and also to ascertain and fix the amount of compensation to be made individual members of the tribe for damages sustained by them by reason of the construction of said road; but no right of way shall vest in said railroad company in or to any of the right of way herein provided for until plats thereof, made upon actual survey for the definite location of such railroad, and including the points for station buildings, depots, machine-shops, side-tracks, turnouts, and water-stations, shall be filed with and approved by the secretary of the interior, which approval shall be made in writing • and be open for the inspection of any party interested therein, and