Page:United States Statutes at Large Volume 27.djvu/518

 492 FIFTY-SECOND CONGRESS. Sess. II. Ch. 171. 1893. February 2*7,1293. CHAP. 1’l1.—Au act to grant to the Chicago, Rock Island and Puciiic Railway -—————— Company a right of way through the Indian Territory, and for other purposes. Be it enacted by the Senate and House of Representatives of the United cumgo, mk is. States of America, in Congress assembled, That the Chicago, Rock Island Igusd mapw-:y,  tuc of the laws of the State of Illinois, bc, mid the same is hereby, in- ‘{·';°,,,2,';,‘V{"h I"'"" vested and empowered with the right of locating, constructing, equipping, operating, using, and maintaining si railway, telegraph, and mam. telephone line through the Indian Territory, beginning at a, point to bc selected by said company at or ucar Uhicashzi Station, on said railway, in the Chickasaw Nation, Indian Territory, and runmng thence by the most practicable route southea tcrly in the direction of Dallas, Texas, to the south line of the Indian Territory, and also through the Indian Territory and any Indian reservations upon a. line beginning at or near B,,,,,_ said Chicasha Station and running thence by the most practicable route in a. westerly or southwesterly direction to the west or south line of Oklahoma Territory. mgmor uy, Sec. 2. That a right of way of one hundred iéct in width through said Indian Territory is hereby granted to the Chicago, Rock Island and www Pacific Railway Company, and an strip of land two hundred feet in width, with a length of three thousand feet, in addition to the right of swim. way, is granted for such stations as may be established, but such grant ¤,,,imm,_ 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 cut or- fills as may be necessary, not exceeding one hundred feet in width on each side of said right of way, for the construction and maintenance of the roaidbcd, or Proviu. as much thereof as may be included in said cut or B11: Provided, That mmmm no part of the lands herein granted shall be used except in such manner and for such purposes only as shall be necessary for the construction aud convenient operation of said railroad, telegraph, and telephone mwmm. line and when any portion thereof shall cease to be used such portion sbail revert to the nation or tribe of Indians hom which the same shall have been taken. D¤¤¤~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 bc 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 appmiscment mmm. of three disinterested referees, to be appointed by the President, who before entering upon the duties of their appointment, shall take and subscribe beibre competent authority an oath that they will faithfully omim. and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award. In case the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the tiudiu g of the referees shall have the right, within ninety days after the making of the award and Appm. notice of the same, to appeal, by original petition, to the courts, where the case shall be triad de novo. When proceedings have been comwqg may imgm on mcuced in court the railway company shall pay double the amount §$,Pj,§f‘”“ "°“"l° of the award into court to abide the judgment thereof, and then have the right to cuter upon the property sought to be condemned, compc¤¤¢i¤n,e•»¤· and proceed with the construction of the railroad. Each of said referees shall receive for his services the sum of four dollars per day for each day they are engaged in the trial of any case submitted to them nu. under this act, with mileage at five cents par mile. Witnesses shall cm., receive the usual fees allowed by the courts of said nations. Costs, including compensation of the referees, shall be made apart of the award and be paid by such railroad company.
 * ,*3** "},mE““§’ xiffl; and Pacitic Railway Company, a. corporation created under and by vir-