In the solution
of the problem of their civilization by allotments of land they need the
land itself, and not compensation for its appropriation by others. They
can not be expected to understand this process in any other way than an
indication that their tenure is uncertain and the assurance that they
shall hold their allotted land for cultivation a delusion.
It is not necessary in the treatment of this subject to insist that in
no case should a railroad be permitted to cross Indian reservations.
There may be valid public reasons why in some cases this should be
allowed. Important lines of through travel should not be always
obstructed or defeated by a refusal of such permission. But I think
there should be shown in every case a justification in the public
interest or in furtherance of general growth and progress, or at least
in a plain local necessity or convenience, before such grants are made.
It seems to me also that the consent of the Indians for the passage of
railroads through their land should, as a general rule, be required;
that the means of determining the compensation to be made for land taken
should be just and definite and easy of application; that the route of
the proposed road should be as particularly described as is possible;
that a reasonable time should be fixed for the construction of the road,
and in default of such construction that the grant should be declared
null and void without legislation or judicial action, and that in all
cases the rights and interests of the Indians should be carefully
considered.
Pages:
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714