Page:United States Statutes at Large Volume 25.djvu/187

 FIFTIETH CONGRESS. Sess. I. Ch. 248. 1888. 141 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 thousand feet, in addition to right of way, for stations for every ten miles of the 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 cut or fill: Provided, That no Promosmore than said addition of land shall be taken for any one station: Stations. Provided further, That no part of the lands herein authorized to be taken shall be leased or sold by the company, and they shall not be used except in such manner and for such purposes only as shall be mz; ***;%**6 fe; miinecessary for the construction and convenient operation of said rail- only: " pu msgs road, 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 Dmazcs. 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 appraisement of three disinterested referees, to be Referees. a pointed one (who shall act as chairman) by the President of the [ihited States, 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, shal take and subscribe, before a district judge, clerk of a district court, or United States commissioner, and oath that they will faithfully and ixnpartially discharge the duties of their appointment, which oath, uly 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, after due notice. And upon the failure of mgtigsgirutipp <>¤ fail either party to make such appointment within thirty days after the pw " ' a pointment made by the President, the vacancy shall e filled by tfie district judge of the court for the western district of Arkansas, or at the district court for the northern district of Texas, or at the district court 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 such occupant belongs. Each Compensation of said referees shall receive 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. Wit»nesses shall receive the usual fees allowed by the courts of said nations. Costs, including compensation of the referees, shall be Cm made a part of the award, and be paid by such railroad company. In case the referees can not agree, then an two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right, within ninety days after the making of the award and notice of the same, to appeal by Appeal original petition to the district court of Western Arkansas. or the district court for the northern district of Texas, or the district court · of Kansas, which court shall have jurisdiction to hear and determine the subject-matter of said petition, according to the laws of the State in which the same shall be heard provided for determining the damage when roperty is taken for railroad purposes. If upon the hearing of saidp 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 ad- Costs on appeal judged against the railroad company. If the judgment of the court shall be for the same sum as the award of the referees, then the costs