Russell Crump's Archive

Selections From The Splinters

Blackwell, O. T., July 26th 1899.

Mr James Duh

Chief Engineer

Dear Sir:

	On reading again the Act of Congress, March 2nd, 
1899, under which we will be required to build the lines 
of The Eastern Oklahoma Company, and upon examination 
of the regulations of the Department of the Interior 
promulgated April 18th, 1899, I find, among the rules 
promulgated, the following:

1.  "By said act a right of way is granted 'through 
any Indian reservation in any State of Territory, or 
through any lands reserved for an Indian agency or for 
other purposes in connection with the Indian Service, 
or through any lands which have been allotted in severalty 
to any individual Indian under any law or treaty, 
but which have not been conveyed to the allottee with 
full power of alienation,'  to any railroad organization 
under the laws of the United States of or any State or 
Territory.

		"PERMISSION TO SURVEY OR LOCATE ROAD

"2.   No Railroad company is authorized to survey or locate 
a line of road through or across any of said lands until 
permission from the Secretary of the Interior has first 
been obtained." 

And, on my return to the office, I will prepare the necessary 
application and the necessary blanks for execution in order 
to obtain from the Secretary of the Interior Department, 
permission to survey and locate the line.  It would seem 
necessary to follow out these provisions of the rules 
amongst other things, for the reason that so far as the line 
runs through unallotted  lands, the company must make payment 
to the Secretary of the Interior for the benefit of the tribe 
or nation of full compensation for said right of way,  
including all damages to improvements and adjacent lands, 
which compensation shall be determined by, and paid under 
the direction of the Secretary of the Interior in such manner 
as he may prescribe.  Rule 27 prescribes how these damages 
will be ascertained, and rule 28 provides how the company 
shall be governed in negotiating with individual occupants 
and allottees for the right of way and damages.

		Yours truly,

		(sgd) Henry E Asp 	

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