Page:United States Statutes at Large Volume 27.djvu/491

 FIFTY-SECOND CONGRESS. Sess. II. Ch. 144. 1893. 465 CHAP. 144.-An act to grant to the Gainesville, Oklahoma and Gulf Railway February 20, 1893. Company a right of way through the Indian Territory, and for other purposes. Ri Be it enacted by the Senate and House of Representatives of the United · States of America in Congress assembled, That the Gainesville, Okla- hoifngggiugmx homa and Gulf Railway Company, a corporation created under and by way Companv my virtue of the laws of the State of Texas, be, and the same is hereby, §Q’,§f‘§§‘,}f,“,,§,ij,Qg‘f,“]g'_; invested and empowered with the right of locating, constructing, own- <1i¤¤ T¤¤"it¤r7· ing, equipping, operating, using, and maintaining a railway, telegraph, and telephone line through the Indian Territory, begining at a point to Location. be selected by said company on Red River, north of the west part of Cooke County, in the State of Texas, and running thence by the most practicable route, th1·0ugh the Indian Territory and Oklahoma in a northwesterly direction to a point on the southern boundary of the State of Kansas. Sec. 2. That a right of way of one hundred feet in width through mgm of way. said Indian Territory is hereby granted to the Gainesville, Oklahoma and Gulf Railway Company, and a strip of land two hundred feet in width, with a length of three thousand feet in addition to the right of way, is uAd•ii¤·>¤ f¤r ¤*~ granted for such stations as may be established, but such grant shall °°°` be allowed but once for every ten miles of the road, no portion of which shall be sold or leased by the company, with the right to use such additional grounds where there are heavy cuts or iills 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 iill: Provided, *’f°'{*'°'· That no more than said addition of land shall be taken for any one I‘"""‘ station: Provided further, That no part of the lands herein granted shall be used except in such manner and for such purposes only as fofgugfoggfg shall be necessary for the construction and convenient operation ot said railroad, telegraph, and telephone line, and when any portion thereof shall cease to be used such 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 Damages. lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes through which it may beconstrncted, 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 appraise— ment of three disinterested referees to be appointed by the President Refmcs. of the United States, who, before entering upon the duties of their appointment, shall take and subscribe befbre competent authority an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award. ln case the referees can not agree, then any two of them are authorizedto make the award. Either party being dissatistied with Appm. the finding 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 courts, where the case shall be tried de novo. When Wmtli my Mziv ¤¤ proceedings have been commenced in court the railway company shall `;$£,°ZX?"”g d°°bl° pay double the amount of the award into court to abide the judgement thereof, and then have the right to enter upon the property sought to be condemned, and proceed with the construction of the railroad. Each mf;;Y¤°¤* '·° *‘°!· of said referees shall receive for his services the sum of four dollars ' per day for eaclfday they are engaged in the trial of any case submitted to them under this act, with mileage at live cents per mile. Witriesses Fm “"" °°"°“· shall receive the usual fees allowed by the courts of said nations. Costs, including compensation of the referees, shall be made a part of the award and be paid by such railroad company. SEQ. 4. That said railroad company shall not charge the inhabitants Ff¤*g¤¤¤*¤¤¤·¤¤· of said Territory a greater rate of freight than the rate authorized by the laws of the State of Texas for services or transportation of the v0L xxirrr;.30