Page:United States Statutes at Large Volume 22.djvu/209

 182 FOBTY-SEVENTH CONGRESS. Sess. I. C11. 371. 1882. cniekzsawliationn and feet in width through that port of the lands of the °n“‘}i“°“ $*3***  and ghzzkasaw Nations oeeupied by the Ohoetaws, and three §‘;nS°’§;  ::2 hundred feet in width ht each station for a dxstanee of four thousand muwsycsmpmy. feet in length ; said right of way to eommenee at any point to  selector by said eompany on the line of the Qhoetaw Natwn immediately contiguous to Sebastian or Scott Couuiues, in the Statepf Arkansas, sind run thence in a southwesterly direetron on the most drreets and practma.- ble route through the lands of the said Choctaw uml Chickasaw N ations in the direction of Paris, in the State of Texas;. sud road to continue to or connect with n proposed roud_fr0m the city of ferns aiioresmd. Condixiouotw- Sec. 2. That the said Saint Louis and San Francisco Zligulwsy Oom- °°P*°¤°°· pany shall accept this right of way upon express condmon, binding upon itself, its successors and assigns, that they will neither ond, advise, nor assist in any etfort looking toward the changing or extinguishing the present tenure of the Choctaws or Chickasuws i11 their lands, and will not attempt to secure hom the Choctaw or Chickasaw Nation any _ further gmut of land, or xts occupancy,  IS herembeiiore provxded: _ operateasa eitureo eng an pnviegeso s c ru - _ way company under this acts. r Payment for 81:0. 3. That the smd_mi1wny company shall pay for all property m- •!•¤¤c¢¤»¤*<=· jured or destroyed by said company, and_for all motenal taken ond used in·the construction, operation, or repairs of smd road and telegraph line, and shall take no such material except under contract with the proper authorities of the Choctaw or Chickasaw Nation, and according Pmriau. to the laws thereof: Provided, That before the construction of said road through any lands held by individual occupants according to the laws, customs, and usages of said nations, fulleompeusatiou shall be made to W. °°°“.¤¤t"“r..“‘$°‘“.€‘,-‘2§.°"°"F.l 233 “5°£$“E‘§°S“ ‘}‘°“.;..‘§§ 2??3{‘ Kghgggg to 4,. e on e sm an p ue. u - tormino, su., upon ure to make amicable settlements in any cuse, either national or indig';;':`,: 'zgazf vulual, such compensation shall be determmed by apprmsement of three wm disinterested referees, one to be named by the Commissioner of Indian Affairs, one by the principal chief of said nation claiming damages or to A which the persons claiming damages belong, and one by said company. This provision shall also apply to all eases of injury to persons or property occasioned by the construction or operation of said rom] and telegraph line after the construction thereof shall have been eommeueed. Compensation. Sai arbitrators shall receive not exceeding four dollars per day for . each, with mileage not exceeding six cents per mile, and witnesses shall cw., brcgeenve the luzutalitetes allowed bydt1:6eour(§s1;>fst:i11id1nadons. Costs shall . modes t a ,an pm y e osiu nrtn Puntyin- fail- In ease uffuilum to pay such award, the Secretaryé Bf the Interior {I ¤> Il! •'L¤¤i shall be, and as hereby, authorized to forbid the further passage of trains, °""‘$“· or the use of said rightof way, and to remove the agents and employees of said company from the limits of said nations, as intruders under tho intercourse lawys of the United States, until such time as payment shall he made by saxcl company. Legal mmsdiu. _ And in addition to the foregoing the injured parties shall have the right of recoiuse to ull legal remedies that may be applicable in like egxses_m the judieml tribunals; und consent is hereby given that the exvrl yurisdxcucn of the district court of the United States for the western district of Arkansas, and such other courts as may be established by authority of the United States, shall be extended within the territory uml linnnts of the Choctaw and Chickasaw Notions, without distinction ais to citizenship of the parties so fur as may be necessary for the en- .·., t,‘°'§§’é"°2°¤?£§‘2°r£r‘Z"(i"“°‘”il°“°?‘ is ` _ r . _ n in eonsu erm: on o e uses and rants aforesaid mggpg; the Sun! rmlwny company shrill_ pay qnnrter·n1»nuully€o the national ,5,,, Mnmll treasurers of smd nations every year during the existence of the rights and prmleges granted to smd company by this act, to be used for the benefit of schools therein, the sum of seven hundred and fifty dollars,
 * "•°**°· Promded,_'1`ha¤ nnty0;·1folntiontt>t‘;utht¢;leond:1t:;»u uaentiorred m tl_11sasect1o1n