Page:United States Statutes at Large Volume 26.djvu/837

 784 FIFTY-FIRST CONGRESS. Sess. II. Ch. 288. 1891. hundred feet in width through said Indian Territory for said additional lines, and to take and use a strip of land two hundred feet in width, with a length of three thousan feet, in addition to the right use such additional ground where there are heavy cutsbr fills as may be necessary for the construction and maintenance of the road-be , not exceeding one hundred feet in width on each side of said right of way, or as much thereof as maly be included in said out or fill: mmm. Provided, That no more than said a dition of land shall be taken for hmmm any one station: Provided {further, That no part of the lands herein buds not w M authorized to be taken shall be leased or so d by the company, and fj"? °" S°l°b’ °°m` they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph, and telephone lines; and when any .B·¤v¤r¤i¤¤- 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 ta ren. J>¤¤·•s¤• Sec. 3. That before said railway shall be constructed through any lands held by individual occupants according to the laws, customs, and usages 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 settlement with any occu ant such compensation shall be determined M>l¤•*¤¤¤¤¢· by the appraisement of three disinterested referees, to be appointed Av¤¤i¤¤¤¤¤= ¤f M- one (who shall act as chairman) by the President, one by the chief "°” of the nation to which' said occupant belongs, and one by said railroad company, who, before entering upon the duties of their appointment, shall take and subscribe, before a district judge, clerk of a '¤•¤¤- district court, or United States commissioner, an oath that they will faithfully and impartial] 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 shall be competent to act in case of the absence of a member, after due notice. S¤h¤¤¤¤¤<>¤ ¤v•¤ And upon the failure of either party to make such appointment mm °° °pp°i°°` within thirty days after the appointment made by the President the vacancy sha 1 be filled by the district judge of the court held at Fort Smith, Arkansas, upon the application of the other party. The _ Hmmm chairman of said board shall appoint the time and place for all hearings within the nation to whic such occupant belongs. Each of _ ¤¤¤¤v¤¤¤¤=i<>¤¤f¤¤f· said referees shall receive for his services the sum of four dollars °”°°` per day for each day they are engaged in the trial of ary case submitted to them under this act, with mileage at five cents per mile. W*°¤¤¤¤¤¤’ fm Witnesses shall receive the usual fees allowed biy the courts of said __¤':£¤· ¤¢¤·. ¤ Pwd nations. Costs, including compensation of the re erees, shall be made a part of the award, and be paid by such railroad company. In case the referees cannot agree, then any two of them are authorized to _cUf,{,’g’j§F§,_  make the award. Either party being dissatisfied with the findings .m-k. of the referees shall have the right, within ninety days after the making of the award and notice of the same, to appeal by original petition to the district court held at Fort Smith, Arkansas, which court shall have jurisdiction to hear and determine the subject-matter of said petition according to the laws of the said State provided for determining the damage when property is taken for railroad pur- shall be for a larger sum than the award of the referees the cost of said appeal shall be adjud ed against the railway company. If the judgment of the court shall be for the same sum as the award of the referees, then the costs shall be adjudged against the appellant. If the jludgment of the court shall be for a smaller sum than the award .of the referees, then the costs shall be adjudged against the party
 * sm1¤¤s of way, for stations, for every ten miles of road, with the right to
 * 0****- poses. If upon the hearing of said appeal the judgment of the court