Page:United States Statutes at Large Volume 26.djvu/238

 184 FIFTY—FIRST CONGRESS. Sess. I. CHS. 636, 638. 1890. Sec. 2. That section three shall be amended by strikingl out the wogdg "nfty-two" and inserting the word "fifty," so it s all read as 0 ows: Sinus Smo. 3. That the said brid e shall be made with unbroken and continuous s ans: the spans thereof shall not be less than four hundred feet in izmgth in the clear, and the main span shall be over the main channel 0 the river. The lowest part of the superstructiue of ‘ said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location," and this bri ge shall be at right angles to, and its piers parallel with, the current of the p,,,,,,;,, river: Provided, That nothing in this act shall be so construed as to E,,,,,,;,;,,, repeal or modify any of the provisions of law now existing in reference to the protec ion of the navigation of rivers, or to exempt this bridge from the operation of the same. Approved, June 28, 1890. June m,1&A0. CHAP. 638.-An act to grant the right of way to the Pittsburgh, Columbus and ————·—— Port Smith Railway Company through the Indian Territory, and for other purposes. Be it enacted by the Senate and House of Representatives zz the ransom-gn, comp: United States of America in Congess assembled, That the itts- c‘{,'f,,S'§‘{,"‘ burgh, Columbus and Fort Smith ailway Com any, a corporation my bpuiiji  created under and by virtue of the laws of the State of Kansas, be, $2.; me through and the same is hereby, invested and empowered with the right of T°"'“‘°"·'· locating, constructing, eguipping, operating, using and maintaining . a railway, telegraph, an telephone line through the Indian Terrimwam tory, beginning at a point at or near the sout -west cornerof lot number four 0 section number fourteen, township number thirty- five, range twenty-three east, on the south line of the State of Kansas, in the county o Cherokee, and running thence by the most practicable route througlh the Indian Territory, by way of a Eiint at or near Afton and Ta lequah, to a point on the Arkansas iver near Fort Smith, Arkansas, with the right to construct, use, and mainsidags, sm, tain such tracks, turn-outs, sidings, and extensions as said com any may deem to their interest to construct along and upon the right of way and depot grounds herein provided for. mgm or way. Sec. 2. That said corporation is authorized to take and use, for all purposes of a railway and for no other purposes, a right of way one wkmi. undred feet in width through said Indian Territory, and to take and use a strip of land two hundred and fifty feet in width, with a sumuqem. length of three thousand feet in addition to right of way, for stations, for every ten miles of the road, with the rig t to use additional grounds 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 novae;. thereof as may be included in said cut or fill: Provided, That no umimmu. more than said addition of land shall be taken for any one station: m{·¤¤¤¤ ¤<>¤¤<>b¢¤<>1¤. And provided further, That no parts of the lands herein authorized ` to be taken shall be leased or sold by the company, and they shall not be used except in such manner and for such purpose only as shall be_ necessary for the construction and convenient operation of said railway, telegraph, and telephone line, and when any portion thereof shall cease to be used, such portion shall revert to said nation or tribe of Indians from which the same shall have been taken. Damages. Sec. 3. That before said railway shall be constructed through any lands held by individual occu ants according to the laws, customs, and usages of any of the fxidian nations or tribes through which it may be constructed, full compensation shall be made to such occuplants for all property to be taken or dama e done by reason of the construction of such railway. In case of failure to