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Show I REPOET OF THE COMMISSIONER OF INDIAN AFFAIRS. 111 judgment against the "company for $7,502 and costs of suit, pursuant to the above stipulation, and the case was dismissed. Thus ended theditigation grdwing out of granting said compauy a right of way through the Cherokee Outlet lands that bad been the source of much annoyance both to the company and the Cherokee Nation. Kamm and Arkansas Valley Railway.-Mention was made in the last annual ieport of the fact that the payment for right.of way of the Kansas and Arkansas Valley Railway upon that portion of ' the liue within the Cherokee Nation was held in the United States Treasury, to the credit of the Commissioner of Indian affairs, pending the decision of the court as to the amount of compensation to be paid, the Nation having exercised the right to dissent from the allowance provided for in the act. The Nation failed to perfect its appeal to the court in accordance with the provisions of the act grant-ing the right of way through the Indian Territory, and the attention of the Department was invited to this fact in office letter of February 10, 1892, eoupled with the recommendation that the amount due the Nation and then held in the United States Treasury should be placed to the credit of the Nation. In Department letter of February 13, 1892, an- , thority was accordingly given, and the amount. of $7,051.50 placed to the credit of the Cherokee Nation. Under date of August 9,1892, the company, through Messrs. Britton & Gray, attorneys, tendered a draft of $2,444.55 in payment of the m u d . tax of $15 per mile on that portion of the road extending through the Indian lands for the fiscal year ending June 30,1892. I OTHER INDIAN RESERVATIONS. Red Cl<f Reservation, Wis.-The deeds of relinquishment for right of way of the Bayfield Transfer Railway Company through the above res-ervation have since my last annual report been approved by the Presi-dent, md the company has paid the compensation agreed upon for such right of way through the common or tribal lands as well as through the patented tracts. Devil's Lake Reservation, N. Dak.-My last annual report alludes to the fact that the Jamestown and Northern Railway Company haa never paid for its right of way through the above reservation. A full history of this case is printed in House Executive Docu-ment No. 31, Forty-eighth Congress, second session, and Senate Ex-ecutive Document No. 16, Forty-ninth Congress, first session, to which attention is invited. On a number of occasions this office has recom-mended that Congress ratify the agreement entered into between the company and the Indians on July 28,1883; bat no final action has yet been taken. Fond du Lac Reservadon, Minn.-The Duluth and Winnipeg Railway Company has paid the amount agreed upon as tribal damages, $1,298.15, for right of way of it8 line through the above reservation. . |
