Page:United States Statutes at Large Volume 14.djvu/801

 TREATY WITIJI THE CI·IOCTAWS AND CIIICI(ASAWS. APRIL 28, 1866. 771 Anrxcm VI: The Choctaws and Chickasaws hereby grant a right of Right of way way through their lands to any company or companies which shall be duly *h":}*F¥l§l* ‘E;*°l:m_ authorized by Congress, or by the legislatures of said nations, respectively, :g;:d,_ y r and which shall, with the express consent and approbation of the Secretary of the Interior, undertake to construct a railroad through the Choctaw and Chickasaw nations from the north to the south thereof, and from the east to the west side thereof; in accordance with the provisions of the 18th article of the treaty of June twenty-sccond, one thousand eight hun- v01_ xg_ p_qu_ dred and fifty-five, which provides that for any property taken or destroyed in the construction thereof full compensation shall be made to the Damages. party or parties injured, to be ascertained and determined in such manner as the President of the United States shall direct. But such railroad Qcmpanics company or companies, with all its or their agents and employes shall be 5;:*-l°°"°° I""- subject to the laws of the United States relating to intercourse with ` Indian tribes, and also to such rules and regulations as may be prescribed by the Secretary of the Interior for that purpose. And it is also stipulated und agreed that the nation through which the road or roads afbre- indians may said shall pass may subscribe to the stock of the particular company or :&i5:*lb° "° companies such amount or amounts as they may be able to pay for in al- ` ternatc sections of unoccupied lands for a space of six miles on each side of said road or roads, at a price per acre to be agreed upon between said Choctaw and Chickasaw nations and the said company or companies, subject to the approval of the President of the United States: Provided, P¤>'i•¤•- however, That said land, thus subscribed, shall not be sold, or demised, or occupied by any one not a citizen of the Choctaw or Chieluvaw nations, according to their laws and recognized usages: Provided, That the officers, servants, and employes of such companies nece<sary to the construction and management of said road or roads shall not be excluded from such occupancy as their respective fhnctions may require, they being subject to the provisions of the Indian intercourse law and such rules and regulations as may be established by the Secretary of the Interior: And provided also, That the stock thus subscribed by either of said nations shall have the force and eH`ect of a. first mortgage bond on all that part oi' said road, appurtenances, and equipments situated and used within said nations respectively, and shall be a perpetual lien on the same, and the said nations shall have the right, from year to year, to elect to receive their equitable proportion ol' declared dividends of profits on their said stock. or interest on the par value at the rate of six per cent per annum. 2. And it is further declared, in this connection, that as fast as sections 0f twenty miles in length are completed, with the rails laid ready for use, _Wl¤¤¤ ¤¤r¤p•- with all water and other stations necessary to the use thereof, as a first afs'; b:;;:: class road, the said company or companies shall become entitled to patents for the lima;. for the alternate sections aforesaid, and may proceed to dispose thereof in the manner herein provided tor, subject to the approval of the Secretary of the IIIi.CI‘i0l‘• 3. And it is further declared, also, in case of one or more of said alternate sections being occupied by any member or members of said na- mgflgggigitcd tions respectively, so that the same cannot be transferred to the said com- in 1,,,,, of-(mu. pany or companies, that the said nation or nations, respectively, may piedsections select any unoccupied section or sections, as near as circumstances willpermit, to the said width of six miles on each side of said road or roads, and convey the same as an equivalent for the section or sections so occupied as aforesaid. _ Aimotn VII. The Chootaws and Chickasaw agree to such legisla- _ tion as Congress and the _President of the United States may deem C I-¢zi¤l¤g<>¤ b! Dscessary for the better administration of justice and the protection of the rigaimfipgiwm rights of person and property within the Indian territory: Provzded, haze- and property ever, Such legislation shall not in any wise interfere with or annul their present tribal organization, or their respective legislatures or judiciaries,