Page:United States Statutes at Large Volume 26.djvu/540

 486 FIFTY-FIRST CONGRESS. Sess. I. Ch. 947. 1890. hereby, invested and empowered with the right of locating, constructing, equip in, operating, using, and maintaining a railroad, tele- Loeaucn. ph and) telephone line from a point on the north line of the Indldn Territory, south of the City o Anthony, in the State of Kansas, into the Indian Territory, to a connection with the Chica_ o, Kansas and Nebraska Railroad at or near Pond Creek in the Indian Territory, and thence to a connection with the Sante Fe Railroad at or near the city of Guthrie or some point north of there, within the distance of twenty miles, with the right to construct, use, and maintain such tracks, turn-outs, and sidings as said company may deem it to their interest to construct along and upon the right of way and depot ·Prc·vi-vc. grounds herein provided for: Provided, That the company shall have mm. the right to adopt the most feasible and practicable route in followin the general irection hereinbefore specified. Right of way- Sec. 2. That said corporation is authorized to take and use for all purposes of arailroad, telegraph, and telephone line, and for no other =wsun». urpose, a right of way one hundred feet in width through said Ind.1an` Territory, for said line of the Hutchinson and Southern Railroad Company, and to take and use a strip of land two hundred feet in width with the length of three thousand feet, in addition to the =Stations,otc. 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 ma? be necessary for the construction and maintenance of the roadbe, not exceeding one hundred feet on each side of said right of way, or as much thereof as may be included in said cut or fill: Provided, mem ummm. That no part 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 o y as shall be necessary for the construction and convenient operation of said railroad, telegraph, and tele hone lines; and when any portion thereof shall .cease to be so used such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. ¥>¤¤•e¤¤· Sec. 3. That before said railroad shall be constructed through any lands held by individual occupants according to the laws, customs, and usa es 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 settlements with any occupant, such compensation shall be mem. determined by] the appraisement o three disinterested referees, a majority of w om sha 1 be a qluorum for the transaction of business, to be appointed one Slwho shall act as chairman) by the President, one by the chief of the nation to which said occupant belongs, and one by the railroad compan, who, before enteringgifpon the duties of their appraisements, shall take and subscribe ore one of the Ludges, or the clerk of the supreme court of the Territory of Okla- <>•tb.¤¢<=. oma, ora United States Commissioner an oath that they will faithfully and impartially discharge the duties of their appraisement, which oath, 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 majority of said referees shall be competent to act in case of the absence o a member, after due_ notice. wsptngermm on nu- And upon the failure of either party to make such appointment ’ °p’° ‘ Within thirty days after the appointment made by the President the vacancy shall be filled by the judges of the supreme court of the Territory of Oklahoma, u on the application of the other party. The chairman of said board shall a point the time and place of all H°"""¤** hearings within the nation to which such occupant belongs. Each of said referees shall receive for his services the sum of four dollars “°°¤¤P¤¤¤¤¤<>¤· per day for each day they are engaged in the trial of the cause submitted to them under this act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the courts of said