Page:United States Statutes at Large Volume 24.djvu/108

 FORTY-NIN TH CONGRESS. Sess. I. Ch. 395. 1886. 73 CHAP. 395.-An act to authorize the Kansas and Arkansas Valley Railway to con- June 1, 1886. struct and operate a railway through the Indian Territory, and for other purposes. i—·————— Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Kansas and Arkansas Kansas and Ar- Valley Railway, a corporation created under and by virtue of the laws k=¤}S¤¤ VMI PY of the State of Arkansas, be, and the same is hereby, invested and em- Rcjlwcy md [f51d powered with the right of locating, constructing, owning, equipping, ggxly ,,::16 ,21;; operating, using, and maintaining a railway and telegraph and tele- phcnclmethmugh phone line through the Indian Territory, beginning at a point on the the I¤<ii¤¤ Temeastern line of said Territory at or near the city of Fort Smith, in the t°H;c,W. State of Arkansas; thence running, by the most feasible and practicablewu` route, in a northwesterly direction, through the Indian Territory, to such point on the northern boundary-line of said Territory between the Arkansas River in Cowley County and the Caney River in Chautauqua County Kansas as said corporation may select; also a branch line of railway to be constructed from the most suitable point on said main line for making a connection with a line of railroad of the Southern Kansas Railway Company terminating at or near Coifeyville, in the said State of Kansas, and at or near the southern boundary-line thereof, and running thence from such suitable point on said main line in a northerly direction, and by the most feasible and practicable route, to the northern boundary—liue of said Indian Territory at or near Coifeyville aforesaid, with the right to construct, 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 herein provided for. Sec. 2. That said corporation is authorized to take and use for all Right of way. purposes of a railway, and for no other purpose, a. right of way one hundred feet in width through said Indian Territory for said main line and branch of the Kansas and Arkansas Valley Railway, and to take and use a strip of land two hundred feet in width, with a length of three thousand feet, in addition to right of way, for stations, for every Stations. ten miles of road, with the right to use such additional ground where there are heavy cuts or dlls 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 as may be included in said out or fill: Provided, That no more than said addition Proviaoa. of land shall be taken for any one station: Provided further, That no Lands not to be part of the lands herein authorized to be taken shall be leased or sold sold or leased by by the company, and they shall not be used except in such manner and °°’“P°°$’· for such purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph, and telephone lines; and when any portion thereof shall cease to be so used, such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. Sec. 3. That before said railway shall be constructed through any Damages. lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed, full compensation shall be made to such occupants for all property to be taken or damage done 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 appraisement App:-aisement. of three disinterested referees, to be appointed one (who shall act as t4PP°¤m¤°¤** °f chairman) by the President, one by the chief of the nation to which “’ "°°°‘ said occupant belongs, and one by said railroad company, who, before entering upon the duties of their appointment, shall take and subscribe, before a district judge, clerk of a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to and tiled with the Secretary of the Interior, within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a