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Show XXX REPORT OF THE COMMISSIONER OF INDIAN APB'AIRS. Railroad Company) for payment to the Tnclians in accordance with the terms of said agreement. FortHalERsserue, Idaho (Utah and Northern Railroad).-On the 12th of June last the attorneys for this railroad company filed in the Dcpart-ment for approval a map of definite location of the road, also eight plats of station ground8 at varions points on the reservation. Upon examillation of said map they were found to beentirelyuna.ut,henticated. They were, theretbre,returoed to the Department, with a recommenda-tion that they should be presented in proper shape to entitle them to consideration. The attention of the Department was also called to the fact that notwithsta~ldingth e road had been constructed and operated through the reserration for several years, it did not appear that the Indians had ever been compensated for the loss of their lands taken for right of =ty and station grounds-aggregating over 2,000 acres-and it was suggested that inasmuch as there were no t,reaty provisions authorizing the building of railroads through the reservation, legislation by Con-gress would be necessary to confirm the title of the company to the lands taken, which they claimed to have obtained under special acts of Congress of March 3,1873 (17 i3tats. at Large, 612), and June 20, 1878 Stats. at Large, 241), but which manifestly related only to right of way through the public lands of the United States. Under Department instructions of September 24 last, a full statement of the matter will be prepared and submitted for presentation to Congress at the ensuing session for its determination aa to whether or not it is the intention of the acts above mentioned to grant a right of way through an Indian reservation without compensation-to the Indians located thereon, and for such action as that body may deem advisable. Indian l'erritor?l (Atlantic and Pa&@ Railroaal).-In conformity with the views expressed by your immediate predecessor in office, March 31, 1882, that the branch road provided for by the act of Ooi~gresso f July 27,1866, should not be allowed to cross the country of the Creeks and Cherokees, but should have its line, so far as those countries are con-cerned, south of the Canadian and Arkansas Rivers, the Atlantic and Pacific Railroad Company, in November last, filed in the Department an amended map of definite location of such branch road, accordingto which the line thereof eastward from the eastern boundary of the Semi-nole country to Fort Smith, as now surveyed,and located, passes south of the Canadian and Arkansas Rivers, and through lands of the Chick-asaw and Choctaw Nations respectively, thus correcting the error there-tofore made by the company in locating its line north of the &nadian, and bringing the road strictly witl~iu the interpretation placed by the Department in 1870 npolx the several treatles and acts of Congress of 1866, providing for an east and west and a north and south railroad through the Indian Territory. The amended map was accepted by the Department November 28,1883. |