Page:United States Statutes at Large Volume 24.djvu/159

 124 FORTY-NINTH CONGRESS. Szss. I. Ons. 637, 744. 1886. i·`·-riciturc of tcrial of earth, stone, timber, and so iorth, for the construction thereof, F""“* "* 1"‘“1“ “d‘ iucludin g all necessmy grounds for station buildings, workshops, depots, i,:;;:;`,? t;(,,g:;°T} macbinoshops, switches, side-tracks, turn-tablec, and water-stations, roml, except right heretofore granted to the Atlantic and Pacific Rzulroad Coxnpany by on of W¤>U wr- act entitled “An act granting lands to aid in the construcuon of zu m11- V°l·“· I‘·2°`2· road and telegraph line from tho States of Missouri and Arkansas to the Pacific coast," approved July twentyscvunth, eighteen hundred und sixtysix, and subsequent acts znmljoiut resolutions of Congress, which are adjacent to and cotcrminous with the uncomplctcd portions of the main line of said road, embraced within bomb the granted and indemnity limits, as contemplated to be constructed under and by tho provisions of the said act of July twcnt-yseventh, eighteen hundred and sixty- six, and acts and joint resolutions subsequent thereto and relating to tho construction of said road and telegraph, be and the same arc hereby, declared forfeited and restored to the public domain. Approved, July 6, 1886. I July 6, 18%. CHAP. 744-.-Au act to authorize the Kansas City, Fort, Scott und Gulf Railway —·····—··——- ·· Ccgnpany to construct uml operate :1 railway through the Indian Territory, and for ot er purposes. Bc it enacted by the Senate and House of Representatives of the United K¤¤S=¤¤CimF¤r¢ States of America in Oongress assembled, That the Kansas City, Fort *g},mG :1}: Scott and Gulf Railway Company, zu corporation created under and by nl‘th°ri;-edtolyuila virtue of tho laws of the Stato of Kansas, bc, and the amo is hereby, railway and tele- invested and empowered with the right: of Iocatin g, coustructin g, owning, zF=¤1> I} Md f¤I<>- equipping, operating, using, and maintaining u. railway and telegraph f;"‘{;f]1£Q::rl;{°“gh and telephone line through the Indian Territory, beginning at a. point LOcm,,,,_ °ry° to be solcctcdby said railway company ucar and south of the City of Baxter Springs, in the State of Kansas, and running thence by the most practicable route through the Indian Territory to the Northwest corner of tho State of Arkansas, and after passing through the counties of Benton and Washington, in the State of Arkansas, to the town of Evansville, in tho said county of Washington; thence from tho said town of Evansville, through the Cherokee Nation, Indian '1‘crxitory, to tho city of Forc Smith, in the said State of Arkansas, with the right; to construct, usc, and maintain such tracts, turnouts, sidings, and extensions as said company may deem it to their interest to construct along and upon the right: of way and depot grounds herein provided for. mgm or way. Sm:. 2. That said corporation is authorized to take and use for all purposes of o railway, and for 110 other purpose, a right: of way one hundred feet in width through said Indian Territory, mul to take and usc a ' _ strip of land two hundred feet in width, with n. length of three thousand "Sm *·*¤*· ibet, in addition to right of way, for stations, for every ten miles of road, with the right to usc such additional ground where there arc heavy cuts or tills as may be necessary for the construction and maintenance ot' the road-bcd, not exceeding one hundred icet in width on each side of said right of way, or as much thereof as may be included in said cut £’f<>¢{¤¤¤- b I _ or till; Provided, That no more than said addition of land shall be taken s0m“f_;_“];}:‘:“_fl°  for any one smuou: Provfdcdfu·rther, That no part of the lands herein company, ‘ authorized to be token shall be leased or sold by the company, and they shall uct: be used except in such manner and for such purposes only as shall be necessary for tho 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. Damages. Sec. 3. That before said railway shall be constructed through any ' lands held by individual occupants according to the lows, customs. and usages of any of the Indian nations or tribes through which it mdy bo constructed, tixll compensation shall be mado to such occupants for all property to be taken or damage donc by reason of the construction of