RAILROADS THROUGH INDIAN TERRITORY.

The series of treaties concluded in 1866 with the five principal

tribes in Indian Territory all contained limited concessions of right

of way for railroads through their country to the State of Texas. The

eleventh article of the Cherokee treaty contained a grant of right of

way 200 feet in width to a contemplated railroad through their domain

from north to south and also from east to west. In pursuance of these

treaty concessions, as essentially a part of the same scheme, Congress,

by appropriate legislation,[672] granted public lands and privileges

to the Kansas and Neosho, the southern branch of the Union Pacific,

and the Atlantic and Pacific Railroad Companies, respectively, for

the construction of their roads. The Leavenworth, Lawrence and Fort

Gibson Railroad was also conceded like privileges. The stipulated point

of entering the Indian Territory was in each case the west bank of

Neosho River, where it crosses the Kansas line. As there seemed to be

some question whether more than one line of road would be permitted

to traverse the Territory in each direction a race was inaugurated

between all the north and south lines, each in the effort to outstrip

the other in reaching the prescribed point for entering the Indian

country. The Union Pacific Southern Branch (subsequently known as the

Missouri, Kansas, and Texas) Railway Company, in the fervency of their

desire to reach the line first, omitted the construction of a portion

of their route, and began operations within the limits of the Cherokee

country without having received the previous permission of either the

United States or the Cherokee authorities so to do. To this conduct the

Cherokees made vigorous objection, and appealed to the Secretary of

the Interior. That officer notified[673] the railroad officials that

the Cherokees did not recognize their right to so intrude upon the

Territory, and that no work of the kind referred to could be permitted

therein until the Executive should be satisfied, by evidence submitted

in proper manner, that such entry and occupation were in accordance

with law. Thereupon the officers and attorneys of the several companies

interested appeared and submitted arguments before the Secretary of the

Interior on behalf of their respective interests. The point submitted

for the consideration of the Secretary and for the determination of

the President was, what rights had been given to railroad companies to

construct railroads through the Indian Territory and what railroads, if

any, were entitled to such privileges and right of way.

On the part of the Indians it was claimed that the whole scheme of

treaties and of legislation looked to the construction of but a

single trunk road through the Territory from north to south, and, as

far as the Cherokee Nation was concerned, for the like construction

of but a single road through its territory from east to west. This

interpretation of the treaties and the laws was admitted to be the

correct one by all the companies but the Missouri, Kansas, and Texas.

This company insisted that the meaning of the legislation and of the

treaties was to give the right of way to as many roads as might in any

manner be authorized by Congress to enter the Territory.

The Secretary of the Interior in his opinion[674] expressed an emphatic

concurrence in the interpretation insisted upon by the Cherokee

delegation. He was further of the opinion that neither of the roads had

so far earned a right to enter the Indian country by the construction

of a continuous line of road to the legal point of entrance, but that

as it might soon be necessary to decide which company should first

completely fulfill the conditions of the law, an executive order ought

to be issued declaring that no railroad company should be permitted

to enter the Territory for the purpose of grading or constructing a

railroad until a report should be received from a commission composed

of the superintendents of Indian affairs for the central and southern

superintendencies designating which company had first reached the line.

These views and findings of the Secretary of the Interior were approved

by the President and directed to be carried into effect.[675]

This commission reported[676] that the Union Pacific Railway, southern

branch--otherwise the Missouri, Kansas, and Texas Railway--reached

the northern boundary of the Indian Territory, in the valley of the

Neosho River on the west side, and about one mile therefrom, at noon

on the 6th day of June, 1870, and that at that time there was no other

railroad nearer than 16 miles of that point.

Predicated upon this report, supplemented by the certificate of the

governor of Kansas that it was a first class completed railway up

to that point, permission was given the Missouri, Kansas, and Texas

Railway Company by the President, under certain stipulations and

restrictions as to the methods and character of construction, to

proceed with the work of building a trunk road through the Indian

Territory to a point at or near Preston, in the State of Texas, and the

road was rapidly constructed under this authority.

The Atlantic and Pacific road, having no competitor, experienced no

difficulty in securing the right of construction of its east and west

line through the Cherokee country.

The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378)) · 第 225 / 266 题