Page:United States Statutes at Large Volume 26.djvu/224

 170 FIFTY-FIRST CONGRESS. Sess. I. Ch. 479. 1890. ` J¤¤¤ NJN'- GEL?. 479.-An act to grant the right of way to the Galena Guthrie and West- "_“—‘__ ern Railway Company through the Indian Territory, and for other purposes. . Be it enacted by the Senate and House of Representatives o_{ the w¤•l:¤¤··¤;¤r{¤•¤¤ United  America in Congress assemble, That the Ga ena,  mil; {uint Guthrie and estern Railway Company, a corporation created under ’{}’,f',; and by virtue of the laws of the State of Kansas, be, and the same mwah '1‘¤¤+ is hereby, invested and empowered with the right of locating con- . *°"" structin , equippin , operating; using, and maintaining a railway, ¤¤=¤**¤- telegraph and teleriione line t rough the Indian Territory, beginning at any {point to be selected by said railway company on the south line o the State of Kansas, in the county of Cherokee, at or near the southwest corner of lot number three, section number fourteen, township number thirty-five, range number twenty-four east, of the sixth principal meridian, and running thence by the most practicable route throu h the Indian Territory to the west line thereof, via,· at, or near Guthrie and Kingfisher, or Lisbon, Indian Sldinst. vw- Territory, with the right to construct, use, and maintain such tracks, turnout, sidings, and extensions as said company may deem to their interesgs tlc constructdalppg and upon the right of way and depot groun erem provi or. m¤**‘°‘ '°Y·· Sec. 2. That said com any is authorized to take and use, for all purposes of a railwaylanld for no other purpose, a right of way one Wwe undred feet in widt through said Territory, and to take and use a strip of land two hundred feet in width, with a length of three thous¤•u¤¤•,m. san feet in addition to right of way, for stations, for every ten miles of the road, with the right to use 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 Eight of way, or as much thereof as may P¤¤*•M be included in said cut or : 1t·0·v·i d, That no more than sai ¤¤i¤¤=¤¤· addition of land shall be taken for any one station: Angprovided ulam ¤¤* W *·• {'Zrther, That no part of the lands herein authorized to be en shall leased or sold y the company; and they shall not be used except in such manner and for such purposes only as shall be necessary fb):- the construction and convenient operation of said railway, telegra h and telephone lines, 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. Damages. Slo. 3. That before said railway shall be constructed through any lands held by individual occupants according to the laws, customs, and usages 0 any tribe of the Indians, nations, or tribes through which it may be constructed, full and comphate compensation shall be made to such occupant for all iproperty to taken or damage done - by reason of the construction o said railway. In case of failure to make amicable settlement with any occupant, such compensation AP¤¤*··>¤¤¤¢· shall be determined by the appraisement o three disinterested ref- ¤·f•¤·¤¤¤- erees, to be appointed, one (w o shall act as chairman) by the President of the nited States, one by the chief of the nation to which such occupant belongs, and one by said railway company who, before enteripg upon the duties of their aptpointment, shall take and subscribe, fore a district judge, clerk o a court, or United States ‘°•¤= commissioner, an oath that they will faithfully and im(partially discharge the duties of their appointment, whic oaths 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 magoriliy of sa1d referees s all be competent to act in case of the ab- _'_S¤t¤:¤=¤¤¤¤¤¤ M1- sence o a member, after due notice, and upon the failure of either °"°‘"°` partyto make such appointment within thirty days after the a - pomtment made by the giesident, the vacancy shal be filled by tile judge of the United States court of the district of Muscogee ; u on the application of the other party the chairman of said board shall