Page:United States Statutes at Large Volume 25.djvu/82

 36} FIFTIETH CONGRESS. Sess. I. Ch. 13. 1888. obtaining a feasible and practicable route in a northwesterly direction to the leased coal veins of said Choctaw Coal and Railway Company ·· = ° * in Tobucksey County, Choctaw Nation; with the right to construct, I"` use, and maintain such tracks, turnouts, branches, and sidings and extensions as said company may deem it in their interest to construct along and upon the right of way and depot grounds herein provided for. m8l**·°* "*Y· SEO. 2. That said corporation is authorized to take and use for all urposes of railway, and for no other dpurpose, a right of way one wma. hundred feet in width through said In `an Territory for said main line and branch of the- Choctaw Coal and Railway Comdpany; and to take and use a strip of land two hundred feet in wi th, with a emma. . 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 rilght of way, or as Previous. _ much thereof as may be included in said cut or HI : Provided, That ·`  _ — " no more than said addition of land shall be taken for any one station; `’" Providedafudher, That no (part of the lands herein authorized to be n¤d¤¤¤¤¤>¤¤¤¤¤· taken sh l be leased orsol by the company, and they shall not be used except in such manner and for suc purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph, and telephone lines; and when any portion thereof shing ccgapego be go usedilsuphhportion s}h£1llr•ey;1];t to the nation or tri o nians omw `c tesames en. 1>•¤¤•s¤¤ Sec. 3. That before said railway shall be constructed through any  -· · · · lands held b individual occupants according to the laws, customs, and usages od any of the Indian nations or tribes through which it may be constructed, full compensation shall be made to such occu- Q pants for all progieétly to be taken or damage done by reason of the con- ` struction of sucway. In case of failure to make amicable settlement with any occupant such compensation shall be determined by the Appmsauue. appraisement of three disinterested referees, to be appointed, one_ who s all act as chairmanglxy the President, one by the c 1ef of the nation to R“°"°“· which said occupant ontged, and one by said railway com any, who, before entering upon the uties of their appointment, shall take and subscribe, before a district judge, clerk of a district court, or United States commissioner, an oath t at they will faithfully and impartial} I 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 sha 1 be competent to act in case of the summmou on nm- absence of a member, after due notice. And upon the failure of ¤'°'·>·PP°“*~ either party to make such a pointment within thirty davs after the ‘ alppointment made by the Qesident, the vacancy1s all be filled by t e district judge of the court held at Fort Smit, Arkansas, or by the district judge of the northern district of Texas, upon the application of the other party. The chairman of said boar shall a point " the time and place or all hearings, within the nation to which said zdampemasm. occupant belongs. Each of said referees shall receive for his serv- · ices 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 milews¤»¤¤•· rm. age at five cents per mile. Witnesses shall receive the usual fees alecm. lowed by the courts of said nations. Costs, including com nsation of the referees, shall be made apart of the award, and be paideby such railroad company. In case the referees can not agree, then any two nngmnn. of them are authorized to make the award. Either rty being dissatisfied with the finding of the referees shall have iihlanght, within ninety days after the making of the award and notice of the same, apps.; to appeal y original petition to the district court held at Fort Smith, 'Arkansas, or the district court for the northern district of Texas,