Page:United States Statutes at Large Volume 25.djvu/793

 748 FIFTIETH CONGRESS. Sess. II. CHS. 280, 302. 1889. and regulations as may be established by the Secretary of the Interior in conformity with said intercourse laws. _ uzigmen. Sec. 8. That the United States district court for the western district of Arkansas, and such other courts as may be authorized by Con— gress, shall have, without reference to the amount in controversy, `urisdiction over all controversies arising between said Fort Smit , l"aris and Dardanelle Railway Company and the nations, tribes, and individual members of said tribes or nations through whose land or territory said railway shall be constructed. Said courts shall have jurisdiction, without reference to the amount in controversy, over all controversies arising in said nations or tribes and said railway company, and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Territory without distinction as to citizenship of the parties so far as the same may be necessary to carry out the provisions of this act. _ _ · 0¤m1;1g¢¤¢¢¤¤¤*¤¤d Sec. 9. That said railway company shall build and complete its °°mP m` railway in said Territory within four years after the passage of this act, or the rights herein granted shall be forfeited as to that portion not built ; and it shall not be necessary in such case for a forfeiture to be declared by judicial process or legislative enactment, and that said company shall construct and maintain continually all road and highway crossings and necessar bridges over said railway wher- ·C"°”‘*"g‘ ever said roads and highways dt now or may hereafter cross said railways right of way or may be by the proper authorities laid across t e same. m%g¤·m°¤ of ¤*°°°P*# Sec. 10. That said Fort Smith, Paris and Dardanelle Railway Com- ‘ pany shall accept this right of way upon the express condition, binding upon itself, its successors, and assigns, t at will neither aid, advise, nor assist in any effort looking toward the extinguishing or changing the present tenure of the Indians to their lan s, and will not attempt to secure from the Indian nations any further grant of _ _ land, or its occupancy, than is hereinbefore rovided : Provided, V*°'“"°“°° ’°"’°‘“· That any violation of the conditions mentioned) in this section shall operate as a gorfgture of all rights and privileges of said railway company un er is act. R¤¢¤*d<>*¤¤**g¤%€S- Sec. 11. That all mortgages executed by said railway company ` conveying any portion of its railroad with its franchises that may be constructe in said Indian Territory shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of. their execution, and shall convey all rights and property of said company as therein expressed. M¤°¤d¤¤**¤*··‘>*°- Sec. 12. That Con ress may at an time amend, add to, alter, or repeal this act, and tI1e right of waylierein and hereby granted shall not be assigned or transfterred in any form whatever prior to the construction and completion of said road, except as to mort age or otthertlientgiat may be given or secured therein to aid in the cons ruc ion ereo. ,,§i‘2l{§ff `{ff§t°§'f,f{ Sec. 13. That an act entitled "An act to authorize the Kansas ga GLM R¤¤w¤r City, Fort Scott and Gulf Railway Company to construct and operate v0l{°¤.[{,l°iEI· _ B ‘ a railway through the Indian Territory, and for other purposes," be, and the same is hereby, repealed. ‘ Approved, February 26, 1889. Y€l>¤¤¤¤‘Y *7- **89 CHAP. 302.—An act for the relief of William S. Rosecrans. v_ Be it enacted by the Senate and House of Representatives of the c,.Q‘mQ““’“ S- R°S°· United States of America, in Congress assembled, That the President 6:4:3; be appcjwd be. and he is hereby, authorized to nominate, and, by and with the m§.,d‘§§§°"e” °“ advice and consent of the Senate, to a point \Villiam S. Rosecrans, late a majongeneral of United States Xpolunteers, and brigadier—general in the Regular Army of the United States, to the position of