Page:United States Statutes at Large Volume 23.djvu/98

 TO FORTY-EIGHTH CONGRESS. Sess. I. Ch. 17 7. 188+. vmdo and Santa and empowered with the right of locating, constructing, owning, equip. F8  R““‘"·Y .C°· ping, operating, using and maintaining a railway, telegraph, and telo- $I~1;?;;l§€;yIQg* an phone line through the Indian Territory, beginning at a point to h · se. ' I looted by said railway company on Red River, north of tho northern boundary of Cook County, in the State of Texas, and running thence by tho most practicable route through the Indian Termtory to at point; on tho southern boundary of tho State of Kansas, the line to be located in sections of twenty tivo miles each and before work is begun ou any Route to be ap- section tho line thereof is to be approved by the Secretary of tho In- P'°"°d by $°°’°‘ terior with the right to construct, use, and maintain such tracks, turntuy °f I°°°"°r‘ outs, sidings, and extensions as said company may deem it to their interest to construct along and upon the right of way and depot grounds hereby granted. g ~ Grant of lands Sec. 2. That a. right of way one hundred feet in width through said fvr ¤f¤·fi<>¤¤- Indian Territory is hereby grunted to the Gulf, Colorado and Sante Fo Railway Company, and a strip of land two hundred feet in width, with 2. length of three thousand feet in addition to tho right of way, is granted . for such stations as may be established, but such grant shall be allowed but once for every ten miles of the road, no portion` of which shall bo sold or leased by the Company with the right to uso such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of the road bed, not exceeding one hundred feet in width on each side of said right of way or as much thereof P·‘¢¤*¤· as may be included in said out or iill. Provided, That no more than Pfvviw- said addition of land shall be taken for any ono station. Provided further, That no part of tho lands herein granted. shall be used except in such manner and for such purposes only as shall be necessary tor the construction and convenient operation of said railroad, telegraph and telephone line and when any portion thereof shall cease to be so used such portion shall revert to tho nation or tribc of Indians hom which the same shall have been taken Compensation Sec. 3. That before said railway shall be constructed through any usages of any of tho Indian nations or tribes through which it may bo constructed, ihll compensation shall be made to such occupants for all property to be taken or damage dono by reason of the construction of such railway. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraiscment Referees in cus of three disinterested referees to be appointed by tho President who ·>i'di¤¤Z¤'¤°m¤¤*· before entering upon tho duties of their appointment shall take and Om;. » subscribe before competent authority an oath that they will faithfully and impartdally discharge the duties of their appointment which oath duly certified shall be returned withjhcir award. In case tho roforecs cannot agree, then any two of them arc authorized to make tho award. Either party being dissatisfied with the finding of tho referees shall Right of appeal have the rights within ninety days after tho making of tho award and to the courts. notice of the same, to appeal by original petition to tho courts, whore tho case shall be tried do novo. When proceedings have been commenced in court, the railway company shall pay double the amount of tho award into court to abide tho judgment thereof, and thou have the right to enter upon the property sought to be condemned and proceed with the construction of the railroad. Eaclrof said referees shall rc- Compensation or coive for his services the sum of four dollars per day for each day they ¤>f¤>¤>¤¤· are engaged in the trial of any case submitted to them under this act, Fm oe mmm with mileage at tivo cents per mile. Witnesses shall receive the usual M- fees allowed by the courts of said nations. Costs including compensac"'“'# ‘°°· tion of the referees, shall be made a part of the award and be paid by such railroad company. Fwixhc mm. SEG 4. That said railway company shall not charge the inhabitants of said Territory a greater rate of freight than the rate authorized by tho laws of the State of Texas for services or transportation of the same Passenger nm. kind, provided that passenger rates on said railway shall not exceed
 * °‘ P’°P°"Y» °*°· lands held by individual occupants, according to the laws, customs, and