Indian reservation in any State or Territory, or through any lands held by an Indian tribe or nation in Indian Territory, or through any lands reserved for an Indian agency or for other purposes in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, is hereby granted to any railroad company organized under the laws of the United States, or of any State or Territory, which shall comply with the provisions of this Act and such rules and regulations as may be prescribed thereunder: Provided, That no right of way shall be granted under this Act until the Secretary of the Interior is satisfied that the company applying has made said application in good faith and with intent and ability to construct said road, and in case objection to the granting of such right of way shall be made, said Secretary shall afford the parties so objecting a full opportunity to be heard: Provided further, That where a railroad has heretofore been constructed, or is in actual course of construction, no parallel right of way within ten miles on either side shall be granted by the Secretary of the Interior unless, in his opinion, public interest will be promoted thereby. [30 Stat. L. 990.]

This Act was repealed, with qualifications, as to the Indian Territory and Oklahoma, by section 23 of the Act of Feb. 28, 1902, supra, p. 483.

SEC. 2. [Width - stations— rights heretofore granted in Indian Territory.] That such right of way shall not exceed fifty feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may include ground adjacent thereto for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed one hundred feet in width. by a length of two thousand feet, and not more than one station to be located. within any one continuous length of ten miles of road: Provided, That this section shall apply to all rights of way heretofore granted to railroads in the Indian Territory where no provisions defining the width of the rights of way are set out in the Act granting the same. [30 Stat. L. 990.]

SEC. 3. [Survey, and proceedings for award of compensation.] That the line of route of said road may be surveyed and located through and across any of said lands at any time, upon permission therefor being obtained from the Secretary of the Interior; but before the grant of such right of way shall become effective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the Interior, and the company must. make payment to the Secretary of the Interior for the benefit of the tribe or nation, of full compensation for such right of way, including all damage to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner as he may prescribe. Before any such railroad shall be constructed through any land, claim, or improvement, held by individual occupants or allottees in pursuance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the construction of such railroad. In case of failure to make amicable settlement with any such occupant or allottee, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed by the Secretary of the Interior, who, before entering upon the duties of their appointment, shall take and subscribe before competent authority 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 the Secretary of the

Interior. If the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right within sixty days after the making of the award and notice of the same, to appeal, in case the land in question is in the Indian Territory, by original petition to the United States court in the Indian Territory sitting at the place nearest and most convenient to the property sought to be condemned; and if said land is situated in any State or Territory other than the Indian Territory, then to the United States district court for such State or Territory, where the case shall be tried de novo and the judgment for damages rendered by the court shall be final and conclusive. When proceedings are commenced in court as aforesaid, the railroad company shall deposit the amount of the award made by the referees with the court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. Each of the referees shall receive for his compensation the sum of four dollars per day while engaged in the hearing of any case submitted to them under this Act. Witnesses shall receive the fees. usually allowed by courts within the district where such land is located. Costs, including compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad company. [30 Stat. L. 991.]

SEC. 4. [Effect of dilatoriness in construction, etc.] That if any such company shall fail to construct and put in operation one-tenth of its entire line in one year, or to complete its road within three years after the approval of its map of location by the Secretary of the Interior, the right of way hereby granted shall be deemed forfeited and abandoned ipso facto as to that portion of the road not then constructed and in operation: Provided, That the Secretary may, when he deems proper, extend, for a period not exceeding two years, the time for the completion of any road for which right of way has been granted and a part of which shall have been built. [30 Stat. L. 991.]

SEC. 5. [Railroad through Indian Territory-annual charge.] That where a railroad is constructed under the provisions of this Act through the Indian Territory there shall be paid by the railroad company to the Secretary of the Interior, for the benefit of the particular nation or tribe through whose lands the road may be located, such an annual charge as may be prescribed by the Secretary of the Interior, not less than fifteen dollars for each mile of road, the same to be paid so long as said land shall be owned and occupied by such nation or tribe, which payment shall be in addition to the compensation otherwise required herein.

[Passenger and freight rates to be prescribed - transportation of mails.] And within the Indian Territory upon any railroad constructed under the provisions of this Act the rates and charges for passenger and freight service, if not otherwise prescribed by law, may be prescribed by the Secretary of the Interior from time to time, and the grants herein are made upon condition that the companies shall transport mails whenever required to do so by the Post-Office Department. [30 Stat. L. 991.]

SEC. 6. [Railroad rights on public lands.] That the provisions of section two of the Act of 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," are hereby extended and made applicable to rights of way granted under this Act and to railroad companies obtaining such rights of way. [30 Stat. L. 991.]

The Act of March 3, 1875, ch. 152, 18 Stat. L. 482, to which the text refers, is set forth in title PUBLIC LANDS.

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SEC. 7. [Regulations.] That the Secretary of the Interior shall make all needful rules and regulations, not inconsistent herewith, for the proper execution and carrying into effect of all the provisions of this Act. [30 Stat. L. 991.]

SEC. 8. [Repeal.] That Congress hereby reserves the right at any time to alter, amend, or repeal this Act, or any portion thereof. [30 Stat. L. 991.]

SEC. 3. [Construction of telegraph and telephone lines through Indian lands.] That the Secretary of the Interior is hereby authorized and empowered to grant a right of way, in the nature of an easement, for the construction, operation, and maintenance of telephone and telegraph lines and offices for general telephone and telegraph business through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall be subject to his approval. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained; and all such lines shall be constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority; and Congress hereby expressly reserves the right to regulate the tolls or charges for the transmission of messages over any lines constructed under the provisions of this Act: Provided, That incorporated cities and towns into or through which such telephone or telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities. That lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee. [31 Stat. L. 1083.]

See note to the next section.

The right of railway companies to construct and maintain telegraph and telephone lines in Indian Territory and Oklahoma Territory is exclusively governed by the Act of Feb. 28, 1902, ch. 134, by virtue of section 23 of that Act, which is set forth supra, p. 483. Effect of statute on local regulations. "When Congress, on March 3, 1901, 31 Stat. L. 1083, in the exercise of its constitutional power to regulate commerce, saw fit to provide how franchises for the construction and maintenance of telephone lines within the Indian Territory must be obtained, such action

on its part necessarily prevailed over all local regulations on the subject, and operated to extinguish such exclusive rights to construct and maintain lines of telephone or telegraph within the territory as had theretofore been granted. No act of the Creek Nation on a subject within the lawful jurisdiction of the federal government can be given the effect of nullifying or interfering to any extent with legislation by the Congress of the United States, when it sees fit to pass laws on the subject." Muskogee Nat. Tel. Co. v. Hall, (C. C. A. 1902) 118 Fed. Rep. 385, reversing (1901) 64 S. W. Rep. 600.

SEC. 4. [Secretary of Interior may grant permission to open highways through Indian lands.] That the Secretary of the Interior is hereby authorized to grant permission, upon compliance with such requirements as he may deem necessary, to the proper State or local authorities for the opening and establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual Indians under any laws or treaties but which have not been conveyed to the allottees with full power of alienation. [31 Stat. L. 1084.]

The foregoing two sections are from the Indian Appropriation Act of March 3, 1901, ch. 832. For provisions for the allotment of lands in severalty to Indians, see supra, p. 490.

SEC. 12. [Oklahoma district court to have jurisdiction over controversies between Indians of different tribes.] That jurisdiction is hereby conferred upon the district courts in the Territory of Oklahoma over all controversies arising between members or citizens of one tribe or nation of Indians and the members or citizens of other tribes or nations in the Territory of Oklahoma, and any citizen or member of one tribe or nation who may commit any offense or crime in said Territory against the person or property of a citizen or member of another tribe or nation shall be subject to the same punishment in the Territory of Oklahoma as he would be if both parties were citizens of the United States; and any person residing in the Territory of Oklahoma, in whom there is Indian blood, shall have the right to invoke the aid of courts therein for the protection of his person or property, as though he were a citizen of the United States: Provided, That nothing in this act contained shall be so construed as to give jurisdiction to the courts established in said Territory in controversies arising between Indians of the same tribe, while sustaining their tribal relations. [26 Stat. L. 88.]

The above section 12 is from the Act of May 2, 1890, ch. 182, "to provide a temporary government for the territory of Oklahoma," etc.

SEC. 2. [Supplies, purchase after advertisement, except, etc.] That no purchase of supplies for which appropriations are herein made, exceeding in the aggregate five hundred dollars in value at any one time, shall be made without first giving at least three weeks' public notice by advertisement, except in case of exigency, when, in the discretion of the Secretary of the Interior, who shall make official record of the facts constituting the exigency, and shall report the same to Congress at its next session, he may direct that purchases may be made open market in amount not exceeding three thousand dollars at any one purchase: Provided, That supplies may be purchased, contracts let, and labor employed for the construction of artesian wells, ditches, and other works for irrigation, in the discretion of the Secretary of the Interior, without advertising as hereinbefore provided:

in

[Indians preferred in purchases and labor.] Provided further, That as far as practicable Indian labor shall be employed and purchase in the open market made from Indians, under the direction of the Secretary of the Interior:

[Manufactures by Indians.] Provided further, That the Secretary of the Interior may, when practicable, arrange for the manufacture, by Indians upon the reservations, or at industrial schools, of shoes, clothing, leather, harness, and

wagons, and such other articles as the Secretary of the Interior may deem advisable, and the sum of ten thousand dollars is hereby appropriated to enable the Secretary of the Interior to carry this provision into effect. [31 Stat. L. 1083.]

This is part of section 2 of the Indian Appropriation Act of March 3, 1901, ch. 832. Similar provisions occur in prior Indian ap

propriation acts, 28 Stat. L. 312, 907; 30 Stat. L. 595, 946; 31 Stat. L. 246.

[Indian supplies, etc., how transported.] That from and after the passage of this Act, Indian goods and supplies shall be transported under contract as provided in the Act of March third, eighteen hundred and seventy-seven, or in open market by common carriers, as the Secretary of the Interior in his discretion shall determine. [30 Stat. L. 676.]

This is from section 1 of the Deficiencies Appropriation Act of July 7, 1898, ch. 571.

The provision in the Act of March 3, 1877, ch. 101, 19 Stat. L. 291, to which the text refers, is as follows: "And whenever practicable wagon transportation may be performed by Indian labor; and whenever it is so performed the Commissioner of Indian Affairs is hereby authorized to hire a storehouse at any railroad whenever necessary, and to employ a storekeeper therefor, and to furnish in advance the Indians who will do the transportation with wagons and harness, all the expenses incurred under this provision, to be paid out of this appropriation: Provided, That hereafter contracts involving an expenditure of more than two thousand dollars

shall be advertised and let to the lowest responsible bidder."

This Act of March 3, 1877, ch. 101, does not supersede or repeal the Act of March 3, 1875, 18 Stat. L. 453, or section 5260, R. S., which to a certain extent prohibit payment to land-grant railroads for services to the government. "The necessary or probable use of a land-grant road may in one case constitute it de facto the lowest statutory bidder; in another may suggest the breaking up of the transportation into stages and separate contracts; and in a third may be so uncertain or so unsubstantial an element as in prudence properly to be disregarded." (1884) 18 Op. Atty.-Gen. 41.

SEC. 10. [Expense of land service not chargeable to Indian lands.] That no part of the expenses of the public lands service shall be deducted from the proceeds of Indian lands sold through the General Land Office, except as authorized by the treaty or agreement providing for the disposition of the lands. [23 Stat. L. 98.]

This section is from the Indian Appropriation Act of July 4, 1884, ch. 180.

[Warehouse to be established at Omaha - building to be furnished free.] That the Secretary of the Interior shall, within one year after the passage of this Act, establish and thereafter maintain at the city of Omaha, in the State of Nebraska, a warehouse for Indian supplies, from which distributions shall be made to such Indian tribes of the West and Northwest as the Secretary of the Interior may direct: Provided, That the city of Omaha shall provide, equip, and furnish a building suitable for this purpose free of cost to the United States. [30 Stat. L. 75.]

This is part of section 1 of the Indian Appropriation Act of June 7, 1897, ch. 3.

[Archives, etc., relating to Indians collected by Geographical and Geological Surveys to be turned over to Smithsonian Institution.] That all the archives,