Page:United States Statutes at Large Volume 24.djvu/479

 446 FORTY-NINTH CONGRESS. Sess. II. Ch. 319. 1887. Mar. 2, 1857. CHAP. 319.-An act to' grant the right of way through the Indian Territory to tho ·——··-—···— Chicago, Kansas and Nebraska Railway, and for other purposes. Bc it enacted by the Senate and House of Representatives of the United Chicago, Kansas States of America in Gongrecs assembled, That the Uhicago, Kansas and and N<>l·r¤¤k¤·R¤i!- Nebraska Railway Company, a corporation created under and by virtue "“Yg_;‘“P°‘E{"““Y of the laws of the State of Kansas, be, and the same is hereby, invested g2g1g:;?; 'jg; and empowered with the right of locating, constructing, owning, equiptelephone, line ping, operating, using, and maintaining a railway and telegraph and northern line of said Territory at or near the south line of the State of °°' Kansas crossed by the one hundred and first meridian, thence in a. southwesterly direction by the most practicable route toward El Paso, New Mexico, and also beginning at a point on the south line of the State of Kansas near the city of Caldwell, in Sumner County, thence running on the most practicable route to or near Fort Reno, and nom thence in a southerly direction to the south line of the Indian Territory in the direction of Galveston, Texas, and also in a southwesterly direction to the south line of said Territory in the direction of Cisco, in the State of Texas, with the right to construct, use and maintain such tracks, 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 . hereby granted. Right of way. 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 Width. 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 ten miles of road, with the right to use such additional ground where there are heavycuts or iills, 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 cut or p,-,,,,;,,,_ _ fill: Provided, That no more than said addition of land shall be taken Stations. for any one station: Provided further, That no part of the lands herein Land, not fg bg authorized to be taken shall be leased or sold by the company, and they leased, etc. shall not be used except in such manner and 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. Damages. Sec. 3. That betbre said railway shall be constructed through any 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 appraisements Referees, of three disinterested referees, to be appointed one (who shall act as 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 filed 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 member, Appointment on after due notice. And upon the failure' of either party to make such {anon to act. appointment within thirty days after the appointment made by the President, the vacancy shall be tilled by the district judge of the court for the western district of Arkansas or the district of Kansas, upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings, within the nation to which
 * b!9¤gh I¤di¤¤ telephone line through the Indian Territory, beginning at a point on the