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 valuable consideration. In this way the
construction of needed railroad facilities in that country could be
hereafter greatly obstructed and retarded.
If the United States must exercise its right of eminent domain over the
Indian Territories for the general welfare of the whole country, it
should be done cautiously, with due regard for the interests of the
Indians, and to no greater extent than the exigencies of the public
service require.
Bills tending somewhat in the direction of this general character of
legislation, affecting the rights of the Indians reserved to them by
treaty stipulations, have been presented to me during the present
session of Congress. They have received my reluctant approval, though
I am by no means certain that a mistake has not been made in passing
such laws without providing for the consent to such grants by the
Indian occupants and otherwise more closely guarding their rights and
interests; and I hoped that each of those bills as it received my
approval would be the last of the kind presented. They, however,
designated particular railroad companies, laid down general routes over
which the respective roads should be constructed through the Indian
lands, and specified their direction and termini, so that I was enabled
to reasonably satisfy myself that the exigencies of the public service
and the interests of commerce probably demanded the construction of the
roads, and that by their construction and operation the Indians would
not be too seriously affected.
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