Page:United States Statutes at Large Volume 26.djvu/898

 FIFTY-FIRST CONGRESS. Sess. II. C11. 535. 1891. 845 maintaining a railway, telegraph, and telephone line through the Indian Territory, beginning at the town of Rogers, in Benton Location. ` County, Arkansas, an running thence in a westerly direction biy way o Bentonville, Benton County, Arkansas, to the eastern boun - ary of the Cherokee Nation, Indian Territory, at or near mile ost twenty-two; thence by way of Tahlequah, Cherokee Nation, to Sort Gibson, in said Territory, with the right to construct and maintain such tracks, turnouts, and sidings as said company may deem it to its interests to construct along and upon said right of way and depot grounds herein provided for. ' Sec. 2. That said corporation is authorized to take and use for all Width. purposes of a railway; and for no other pur ose, a right of way one undred feet in widt through said Indian Territorylor said line of _ its railway, and to take and use a strip of land two hundred feet in width, with a length of three thousand feet, in addition to right of way, for stations for every ten miles of road, with the right to use summa such additional ground w ere there are heavy cuts or fills as may be cusm. necessary for the construction and maintenance of the road·bed not · exceeding one hundred feet in width on each side of said right of wlaéy, or as much thereof as may be included in said cut or fill: Pro- Forsmv` ed, That no more than said addition of land shall be taken for I·i¤¤i*¤*i<>¤¤ any one station: Provided, further, That no part of the lands herein m1»¤¤¤¤¤¤¢¤b¤¤¤M. authorized to be taken shall be leased or sol by the company, and ‘ 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 portion thereof shall cease to be so used such portion shall revert to th; nation or tribe of Indians from which the same shall have been ta en. . Sec. 3. That before said railway shall be constructed through any Dvmzns. _lands held by individual occupants according to the laws, custom, and usages of any of the Indian nations or tribes through which it may be constructed, full comppnsation shall be made to such occupants for all property to be ta en or damage done by reason of the construction of such railway. In case of failure to make amicable settlement with any occupant, such compensation shall be deter- A mm. mined by the a praisement of three disinterested referees, to be ap- ngg::°§. pointed 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 com ny, who, before entering upon the duties of their appointment, slltll take and subscribe, before a district judge, clerk of a district court, or United States commissioner, an oath that they will Omfaithfully and impartially 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 day from the completion thereof; and a majority of said referees sha1 be competenti to act ip cgsel of thp ablsence of a memper, affr due motice. An u n the ai ure o eit er pa y to ma e suc appoin ment S¤¤¤¤¤¤¤i<>¤ <>¤ failwithin pthirt after the appointment made by the Presi)dent, the mw °”°m°' vacancy shalllbe filled by the district judge of the court held at Muscogee, ndian Territory, u(pon the application of the other party. The chairman of said boar shall aplpoint the time and place or all H¤•¤‘*¤S¤· hearin, within the nation to whic such occupant belongs. Each of saieflleferees shall receive for his services the sum of four dollars ¤·>¤¤P¤¤¤¤¤¤¤· per day for each day they are engaged in the trial of any case 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 wim¤¤¤¤·:e¤·. nations. Costs, including compensation of the referees, shall be cms made a part of the award, and e paid by such railroad company. swam. In case the referees can not agree, then any two of them are authorized to make the award. Either pxarty being dissatisfied with the finding of the referees shall have the right, within ninety days after