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There are excellent reasons why this clause in the treaty should be
construed as limiting the railroads which should run through these
lands, at least without further permission of the Indians, to only one
from north to south and one other from east to west.
It is evident, however, that the Congress has either not so interpreted
this provision of the treaty or has determined that it should be
disregarded, for there have been six or seven railroads constructed or
authorized through these lands by the permission of the Government.
It has become very much the custom to grant these rights of way through
Indian lands and reservations merely for the asking. They have been
duplicated to such an extent that rival roads are found struggling for
the advantage of a prior Congressional grant or for the possession of a
contested route through these reservations.
I believe these indiscriminate grants to railroads permitting them to
cross the lands occupied by the Indians, if not in absolute violation of
their treaty rights, are dangerous to the success of our Indian
management.
While maintaining their tribal condition they should not be easily
subjected to the disturbance and the irritation of such encroachments.
When they have advanced sufficiently for the allotment of their lands in
severalty, they should be permitted, as a general rule, to enjoy and
cultivate all the land set apart to them, and not discouraged by the
forced surrender of a part of it for railroad purposes.
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