Page:United States Statutes at Large Volume 24.djvu/153

 ] 18 FORTY-NINTH CONGRESS. Sess. I. Ch. 601. 1880. Right ofwny. Sec. 2. That said corporation is authorized to take_and use for all purposes of a railway, and for no other purpose, a right of way one hundred feet in width through said Indian Territory, and to take and use a strip of land two hundred feet in width, with a length of three Stations. . thousand feet, in addition to right of way, for stations, for every ten miles of road, with the right to use 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 as may be included in said 1·»·oi·i.¤o8. cut or till: Provided, That no more than said addition of land shall be Li¤¤l*- taken for any one station: Provided further, That no part of the lands herein authorized to be taken shall be leased or sold by the company, To no used only and they shall not be used except in such manner and for such purposes lbf f=¤il¤>=¤•L ¤*¤-» only as shall be necessary for the construction and convenient operation l""l‘°“ · 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 hom which the same shall have been taken. _ €'¤¤¤D¤¤¤¤*i¤¤ Sec. 3. That before said railway shall be constructed through any "“" “"‘“"¥~"’S· 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 Appraisement. with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed one (who Appointment of shall act as chairman) by the President, one by the chief of the nation ,0yem,,_ 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 im partially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to actin case of the absence of a member, after due notice. And upon the failure ofeither party to make such ap- Substitutiou in pointment within thirty days after the appointment made by the Presi- mwFort Smith, Arkansas, or at the district court for the northern district of Texas, upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings, within the Compensation to nation to which such occupant belongs. Each of said referees shall re- '°f°"°“· ceive for his services the sum of four dollars per day for each day they are engaged in the trial of any case submitted to them under this act with mileage at five cents per mile. Witnesses shall receive the usual \Vitness toes. fees allowed by the courts of said nations. Costs, including compensation of the referees, shall be made a part of the award, and be paid by · such railroad company. In case the referees cannot agree, then any two of them are authorized to make the award. Either party being dissat- _ isfied with the finding of the referees shall have the right, within ninety Aiipcgltoclistrnct days after the making of the award and notice of the same, to appeal gain 0;_";°§_t“:g‘l; by original petition to the district court held at Fort Smith, Arkansas, · ,1,,,,,;,, Texas_ or the district court for the northern district of Texas, which court shall have jurisdiction to hear and determine the subjectmatter of said petition, according to the laws of the State in which the same shall be heard provided for determining the damage when property is taken for rail- Costs. road purposes. If upon the hearing of said appeal the judgment of the _ court shall be for a larger sum than the award of the referees, the costs of said appeal shall be adjudged against the railroad company. 1f the judgment of the court shall be for the same sum as the award of the referees, then the costs shall be adjudged against the appellant. If the judgment of the court shall be for a smaller sum than the award of the referees, then the costs shall be adjudged against the party claiming
 * “°°  f'“l‘“'° *° dent, the vacancy shall be filled by the district judge of the court held at