It was, of course, intended to declare that this sum should be paid
for every mile of road built through Indian lands, but it is not so
expressed. I am by no means certain that the context will aid this
omission, which is quite palpable, when that part of the bill is
compared with others of the same character. In any event, this is a
provision which should be free from all doubt.
There is no time limited in the bill within which the proposed road
through the reservation shall be completed, and consequently no
forfeiture fixed for noncompletion. The nearest approach to it is found
in a clause providing that the company shall build at least 50 miles of
its road in the Indian Territory within three years from the passage of
the act, or the rights granted shall be forfeited as to that portion
not built. The length of the proposed route through the Cherokee lands
appears to be considerably over 100 miles, and it is plain that there is
no sufficient guaranty in the bill that the entire road will be built
within any particular time. There is no forfeiture and no limitation for
the completion of the road if 50 miles is built within three years, and
there may be some doubt how far the forfeiture would extend in case of
a failure to finish the 50 miles within the time specified.
I believe these grants to railroads should be sparingly made; that
when made they should present better reasons for their necessity and
usefulness than are apparent in this case, and that they should be
guarded and limited by provisions which are not found in the bill
herewith returned.
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