Page:United States Statutes at Large Volume 23.djvu/101

 FORTY-EIGHTH CONGRESS. Sess. I. CHS. 178, 179. 1884. 73 the Secretary of War and the Attorney General of the United States shall proceed to acquire to and for the United States the outstanding title, it' necessary to such land and water rights as may be required for the ereetioii of said fish-ways, in the manner and by the procedure prescrilwel in section one of this act lor obtaining title to the right of way for the extension of the aqueduct; and so much of the sum of nfty thousand dollars hereinabove appropriated as may be necessary for this purpose shall be available for the same". Approved, July 4, 1884. CHAP. 1'79.—An act to grant the right of way through the Indian Territory to the July 4, ]884_ Southern Kansas Railway Company and for other purposes. _4.__.. Be it enacted by the Senate and House of Represcntati*uea of the United States of America in Congress assembled, That the Southern Kansas Itightof way for Railway Company, a corporation created under and by virtue of the "**lhW“Y·d*°1°· laws of the State of Kansas, be, and the same is hereby, invested and gra}: ,1*6 °'f,m:°l:(empowered with the right of locating, constructing, owning, equipping, Southern K,,,,,,,,, operating, using, and maintaining a railway and telegraph and tele- Railway pe. phone line through the Indian Territory, beginning at a point on the $IP*°‘?Sh ***1***** northern line of said Territory where an extension of the Southern °m’°°ry' Kansas Railway lrom Winfield in a southerly direction would strike B'°“t°’ said line, running thence south in the direction of Dennison, in the State of Texas, on the most practicable route, to a point at or near where the Washita River empties into the Red River, with a branch constructed from a point at or near where said main line crosses the northern line of said Territory, westwardly along or near the northern line of said Territory, to apoint at or near where Medicine Lodge Creek crosses the northern line of said Territory, and from that point in a southwesterly direction, crossing Beaver Creek at or near Camp Supply, and reaching the west line of said Indian Territory at or near where W'olf Creek crosses the same, with the right to constmct, use, and maintain such tracks, turnouts and sidings as said company may deem it to their interest to construct along and upon the right of way and depot grounds hereby granted. Sec. 2. That a right of way one hundred feet in width through said Land grant for Indian Territory is hereby granted for said main line and branch to the ¤¢¤¤i¤¤¤» W5- Southern Kansas Railway Company, and a strip of land two hundred · feet in width with a length of three thousand feet in addition to right of way is granted for stations for evry ten miles of road, no portion of which shall be sold or leased by the company with the right to use such additional ground where there are heavy cuts or lills as may be necessary lor the construction and maintenance of the road-hed not exceeding one hundred feet in width on each side of said right of way or as much thereof as may be included in said out or till: Provided, 1’*‘°•*’°· That no more than said addition of land shall be taken for any one station: Provided further, that no part of the lands herein granted shall he used except in such manner and for such purposes only as shall be necessary lor the construction and convenient operation of said railroad, telegraph and telephone lines, and when any portion thereof shall 1;,,,,,;,,, of cease to be so used, such portion shall revert to the nation or. tribe of land, when. Indians from which the same shall have been taken. Sec. 3. Tnai béiore said railway shall be constructed through any Covmpcnsstionto lands held by individual occupants according ro the laws, cusnoms. and indi¤¤I ¤¤¤¤- us.»ges or any of the Indian nsions or tubes through which it may be P°”*'· eonstrnco el, full compensation shall he made to such occupants for all property to be taken or damage done by reason of the construction of such railway ln vase of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraisement R,,,·°,0_,,,,,, 0,,,,,, of mlm e disinterested referees, to be appointed by the President, who, ctulngrsemsnt.