OCR Text |
Show XXXII RBPORT OF THE COMMISSIONER OF INDIAN AFFAIRS Provisions are mad.e in both acts for the ascertainment and payment to the Indians of compensation for property taken from and damages done to them. Where the company and the respective tribes, or the company and individual occupants of the land fail to agree, a board of appraisers is constituted to determine the amount of compensation, and if a tribe be dissatisfied with the award of the appraisers, such tribe or occupa~h~ats substantially the same resort to the courts of the country that is allowed to the citizens of a State, whose property, under like circumstance^, is appropriated for public use. The railway companies are prohibited from selling or leasing any of the lands granted, and their acceptance of the right of way is made subject to the express condition that they will neither aid, advise, or assist in any eflort look-ing toward the changing or extinguishing the present tenure of the 'Indians in their lands, nor attempt to secure from the Indian nations any further grant of land, or its occupancy, than therein provided. There are many other provisions, for the details of which I refer to the acts themselves. The necessity and policy of permitting the constructio~of~ a dditional railroads through the Indian Territory is stated in the reports of the House Co~nmittee before referred to. Congress is presumed to know what is best for the interests of the country generally, and it is the duty of this Office to aid in the execut.ion of the law as it finds it; but, in closing this subject, I may be permitted to remark that the action of Congress in regard to these railroads practically overturns the theory of construction placed by this Department in 1870 upon the intent and meaning of the several acts of Congress and treaties of 1866, viz, that there should be but one east and west and but one north and south road through the Indian Territory, and that any additional roads, with-oat the consent of the Indians, would be a violation of treaty provis ions with the Indians, which has ever since governed this Office in its action upon the general sribject. In connection with these acts, I may call attention'to the fact that on the 10th July last the Cherokee dele-gates filed in the Department a written communication on behalf of the Cherokee Nation, protesting, for reasons therein assigned, against any action by the Department looking to the accept,ance of any clain~ by said railway companies or either of them under said acts of Congress, respectively,for or in respect of any portion of the right of way thereby granted, or any other right under said acts to any portion of t,he Cher-okee domain or country, until action can be had by the Cherokee National Conncil at its approaching session in November next. The Cherokee Nation insists that its property cannot be taken and giren to a private corporation of any State by Congress, and that the courts of the country will not sustain such a seizure or violatiou of the contract made by the United Stat,es in its treaties with the Cherokee Nation. Indian Territory-Ha<nt Louis and Nan Prancisco Railroad.-In com-pliance with section 10 of the act of Congress of August 2,1882, An |