ion referred to stretches across the extreme northern
part of Montana Territory, with British America for its northern
boundary. It contains an area of over 30,000 square miles. It is
dedicated to Indian occupancy by treaty of October 17, 1855, and act of
Congress of April 15, 1874. No railroads are within immediate approach
to its boundaries, and only one, as shown on recent maps, is under
construction in the neighborhood leading in its direction. The
surrounding country is sparsely settled, and I have been unable to
ascertain that the necessities of commerce or any public exigencies
demand this legislation, which would affect so seriously the rights and
interests of the Indians occupying the reservation.
The bill is in the nature of a general right of way for railroads
through this Indian reservation. The Indian occupants have not given
their consent to it, neither have they been consulted regarding it, nor
is there any provision in it for securing their consent or agreement to
the location or construction of railroads upon their lands. No routes
are described, and no general directions on which the line of any
railroad will be constructed are given.
No particular organized railway company engaged in constructing a
railroad toward the reservation and ready or desirous to build its road
through the Indian lands to meet the needs and requirements of trade
and commerce is named. The bill gives the right to any railroad in the
country, duly organized under the laws of any Territory, of any State,
or of the United States, except those of the District of Columbia, to
enter this Indian country, prospect for routes of travel, survey them,
and construct routes of travel wherever it may please, with no check
save possible disapproval by the Secretary of the Interior of its maps
of location, and no limitation upon its acts except such rules and
regulations as he may prescribe.
This power vested in the Secretary of the Interior might itself be
improvidently exercised and subject to abuse.
No limit of time is fixed within which the construction of railroads
should begin or be completed. Without such limitations speculating
corporations would be enabled to seek out and secure the right of way
over the natural and most feasible routes, with no present intention of
constructing railroads along such lines, but with the view of holding
their advantageous easements for disposal at some future time to some
other corporation for a
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