Page:United States Statutes at Large Volume 27.djvu/364

 FIFTY-SECOND CONGRESS. Sess. I. Ch. 329. 1892. 337 operating, using, and maintaining a railway and telegraph and telephone line through the Indian Territory, beginning at ai point to be Lwuuuu selected by said railway company on Bed River, near Denison, in Gray- son County, in the State of Texas,_and running thence by the most practicable route through the Indian Territory in a northerly direction to the southern boundary of the State of Kansas, at or near Coheeville, in said State, with the right to construct and operate a branch nruucuuue. line of railway, beginning at a point about twenty miles north of Red River, on the main line; thence in a northwesterly direction to a point on the western line of the Indian Territory, at or near where it is crossed by the Canadian River, with the right to construct, use, and maintain such tracks, turn-outs, branches, sidings, and extensions as said company may deem it to their interest to construct. Sec. 2. That said corporation is authorized to take and use for all Righwf way. ·purposes of a railway, and for no other purpose, a right of way one hundred feet in width through said Indian Territory, 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 uA¤dig¤¤ fw ¤¤¤» miles of road, with the right to use such additional ground where there °°°’ ° ` are heavy cuts or fills as may be necessary for the construction and maintenance of the roadbed, not exceeding one hundred feet in width ·on each side of said right of way, or as much thereof as may be included in said cut or fill: Provided, That no more than said addition num. -of land hall be taken for any one station: Provided further, That no {*_§Q;u0,mbBM,d, part of the lands herein authorized to be taken shall be sold by the crccompany, 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 railway, telegraph, and telephone lines, and when any portion thereof shall cease to be used, : uch portion shall revert to the nation or tribe of Indians from which the same shall have been taken. Sec. 3. That before said railway shall be constructed through any nmuges. 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 · occupant, such compensation shall be determined by the appraisement names. of three disinterested referees, to be appointed 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 railway 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 impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to and Bled 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 ease of the absence of a member, after due notice. And upon the fhilure of either party to make such Substitution onfail- . appointment within thirty days after the appointment made by the “"’*" “*"’°“’°‘ President, the vacancy shall be filled by the districtjudge of any United States court in the Indian Territory, upon the application of the other party. The chairman of said board shall appoint the time and place Hearings. for all hearings within the nation to which such occupant belongs. Each of said referees shall receive fbi- his services the sum of four dol- €•¤¤v¤¤¤=¤¤¤¤- lars 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 nations. Costs, including compensation of the referees, shall be made cmu .a part of the award, and be paid by such railway company. In case the referees can not agree, then any two of them are authorized to make the uwzwd. Either party being dissatisfied with the finding of the ref- A1>P¤¤l· ·erees shall have the right, within ninety days after the making of the - voL XXVII—22