Page:United States Statutes at Large Volume 25.djvu/252

 206 FIFTIETH CONGRESS. Sess. I. Ch. 494. 1888. 1¤si¤·<>¢w¤y- Sec. 2. That said corporation is authorized to take and use for all urposes of a railway; and for no other purpose. a right of way one hundred feet in widt through said Indian Territory, and to take and wma:. 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 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 innwm. cluded in said cut or hdl : Provided, That no more than said addition _ mm;. of land shall be taken for any one station: Plrovidedifudher, That no not to be som, ew. art of the lands herein authorized to be taken shal be leased or sold by the com any, and they 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 line ; and, when any portion thereof shall cease to be used, such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. 1>•¤¤c¤¤~ Sec. 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 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 serene; the applraisement of three disinterested referees, to be appointed, one (who s all act as chairman) by the President, one by the chief of the nation to which said occupant belongs, one by said railroad company, who, before enteringcupon the duties of their a pointment, shall take and subscribe. fore a district judge, clerk oi) a district court or United States commis ioner, an oath that they wiH faithfully and impartiallty discharge the duties of their appointment, which oath, d by certi ed, shall be returned with their award to and nled with the Secretaiéy of the Interior within sixty days from the completion thereof; an a majority of said referees shal be competent to act in case of the absence of a member, after due notice. And upon the “£¤gQ¤¤¤*,g; °¤ *¤“· failure of either party to make such appointment within thirty days pwafter the appointment made by the President, the vacancy shall be iilled by the district judge of the court held at Fort Smith, Arkansas, or at the district court for the northern district of Texas, upon the application of the other party. · The chairman of thesaid board shall a point the time and place for all hearings within the nation to which such compeuaunn. occupant belongs. Each of said referees shall receive for his services the sum of four dollars per day for each day they are englaged in the trial of any case ubmitted to them under this act, with m cage at tive cents per mile. Witnesses shall receive the usual fees allowed by the Costs. 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 can not agree, then aniy two of them are authorized tomakethe award. Either party, being issatisiied withthe finding of the referees, shall have the right, within ninety days afterthe making ·'*PP°¤'- of the award and notice of the same, to appeal by original petition to the district court held at Fort Smith, Arkansas, or the district court for the northern district of Texas, which court shall have jurisdiction to hearand determine the subjecbmatter of said petition, according to the laws of the State in which the same shall be heard provided for determininglthe damage when property is taken for railroad puxploses. If, upon the hearingof said appeal, the judgment of the court s all be for ¤¤¤=<>¤•PP¤•¥· the com lainant, the costs of said appeal shall be adjudged a ainst the dxxgghgg railroadlcompany. When Iproceedingshavebeen commenced incourt, wm. the railway company shal pay doub e the amount of the award into court to abide the judgment thereof, and then have the right to enter