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Show REGULATIONS CONCERNING RIGHT OF WAY FOR TELEPHONE AND TELEGRAPH LINES THROUGH INDIAN LANDS. DEPARTMEONFT T HE INTBBIoB, OPPICEO F INDIAANF PAIR~, Washington, D. C., March 16, 1901. The following regulations are prescribed under section 3 of the act of March 3, 1901 (Public-No. 137), granting right of wa for a telephone and telegraph line through any Indian reservation, thro h any %rids held by an Indian tribe or nation in the Indian Territory, lands reserv3for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or allotted lands: 1. Section 3 of the act of Congress approved March 3,1901, entitled "An act making appropriations for the current and contingent expenses of the Indian De artment and for fulfilling treaty stipulations with various Indian tribes for the &cay year ending J y e thirtieth, nineteen hundred and two and for otherp ses," is as follows: SEC.3 . That the Secretary of the ~ntkrioirs hereby axor ized and empowered to rant a right of way, in the nature of an easement, for the construction, operation, an% maintenance of tele hone and telegraph lines and offices for general telephone and telegraph business tgmngh an Indian reservation, through any lands held by an Indian tribe or nstion in the lnrfian Territory, through any lands reserved for an Indian agency or Indian school or for other pu ose in connection with the Indian service, or through any lands which have been aztted in severalty toanyindividual 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 herem expressed. No such lineashall he constructed across Indian lands, as abovementioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall he subject to hls approval. The compensation to he paid the tribes in their tribal capacity and theindiv~duaal llottees 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 linea are not subject to State or Territorial taxation thecompany or ownerof the line shall pay to the Secretary of the Interior, for che 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 linesshall be constrncted and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall he so construed as to exempt the owners of sueh linesfrom the payment of any tax that may he 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 con-structed under the provisions of this act: Provided, That incorporated citiesand towbs into or through wh~chsu ch telephone or telegraphic line8 may he constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be 60 construed a8 to deny the right of municipal taxation in such towns and cities." * * * 2. No company or individual is authorized to construct a tele hone or telegraph line acrass Indian lands as mentioned in the fore oing section o? the act of March 6, 1901, until authority therefor has first been ohkined from the Secretary of the Interior. 3. Any company or individual desiring to obtain such permission must file an application therefor in this ofice, for transmission to the Secretary of the Interior. Such applicntion should, in as particular a manner as possible, describe the route of the proposed telephone or telegraph line within the lands named in the above sec-tion, and must be accompanied, in the care of a company or corporation, by- First. A copy of its articlesof incorporation, duly certified to by the proper o5cer 638 |