Page:United States Statutes at Large Volume 25.djvu/208

 162 FIFTIETH CONGRESS. Sess. I. Ch. 337. 1888. lh! UJKU- CHAP. 33'I.—An act to grunt to the Fort Smith and E1 Paso Railway Company _""'_—"` a right of way through the Indian Territory, and for other purposes. Be it enacted the Senate and House of Re esentatives of the Fm Smith Wm; United States 0_;§yAme·r*ica, in Congress wssembgg, That the Fort LY} Bm'$K¤¤¤¤ Smith and El Paso Railway Coxggimy, a corporatxon created under {·§,‘},'?(i{g ,§r“·0_“”,gh and by virtue of the laws 0 tho to of Arkansas, bc, and {she same l¤¤i¤¤'r¤·rr¤>ry- is hereby, invested and empowered vzgth thq nght of Ioqazmgz constructin, ownin ui in , 0 ra 111 , usmg, an rpa.111 8·1I1}I1g a . railwayfgtelegrapi gid tgsepgougeiiua tl%rougl1 the Iudmn Tergutory; mum. said line to begm at a point at or near the city of Fprt Sm1t11, on the western boundary of the State of Arkansas, runmp%(th0ucc by the most practicable route to a crossing of the M1ss0ur1, ausqs and Texas Rmlroad at a. point at orncar the  of Sayauua, m the Choctaw N ation; thence in a. westerly direction to ap0mt_ at or near Cherokee Town, in the Chickasaw Nation- a11d thence westerly tg a, point at or near the southwest corner of tjxo Indmn Tcmtory; mth the right to construct, usc, and mainta.111 such tracks, turnouts,. sidiugs, and extensions hereinafter mentioned as such company may deem necessary and to their interest to construct alqug, uppu the right of way hereby granted; said Imc to be located m sections qf twenty-iivo miles each, as working sections; and before work gs A bci;11 on any such section the definite Imc and locatxou thereof IS to submitted to and approved by the Secretary of the Intenor. D*¤·¤¤¤¤¤- Sec. 2. That said corporation is authorized to take and use for all urposes of a railway, and for no other purxiposo, a. right of way one Euudmd feet iuwidth through said Indian crritory, and to take and use u. strip of land two Hundred feet in width, with al:-mgth of three Stations. thousand feet, in addition to right of wai, for stations for every ton miles of road, with the right to use suc additional ground where there are heavy cuts or tilfs as maybe necessary for the construction and maintenance of the road-bed, not exceeding one hundred feet in _ width on each side of said right of w?, oi asmuch thereof asmaybo 1'M¤vv·» included in said cut or fill: Provided, hat no more than said addition ’ of land shall be taken for any one station: Provided iurther, That Tobeusod tamu- no part of the lands herein authorized to be taken s all be leased §"j;.’j °‘°‘* p“"p°“°° or sold by the company, and they shall not be used except in such manner and for such purposes only as shall be necessar for the con-· struction and couvemont operation of said railroad, tegegraph, and tele hone lines; and when any portion thereof shall cease to be so usori such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. °¤¤*¤°* S20. 3. That before said railway shall be constructed through any lands held by individual occupants according to the laws, customs, and usages of any of the Indum 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 $gmr_*:w°· by the appraisement of three disinterested referees, to be appointod one who shall act as chairman) by the President of the Unitedpgtates, one y the chief of the nation to which said occupant belongs, and one by said railroad company, who, before entering upon the duties gf their ayépointmeut, shall take and subscribe, before a district judge, clcr of a district court, or United States commissioner, an oath that they will faithfully and im rtially discharge the duties of their appointment, which oath, dui)? certified, shall be returned vnpth their award to and tiled with the Secretary of the Interior within suty days from the completion thereof ; and a majority of said referees shall be competent to act in case of the absence of a mem- 8°*’!@@”“°"· ber, after duo notice. And upon the failure of either party to make such appointment within thirty daiys after the a iutmemt made by the mmdcut, the vacancy sha] be filled by gg); district