Page:United States Statutes at Large Volume 27.djvu/774

 748 FIFTY-SECOND CONGRESS. Sess. [I. C11. 224. 1893. river, running thence in a northerly or northwesterly direction to a point on the south line of the State of Kansas at or near the town of Otto in said State of Kansas, with the right to construct, use, and maintain Sidingqeto. such tracts, turnouts, branches, and sidjngs and extensions as said company may deem it in their interest to construct along and upon the right of way and depot grounds herein provided for. Bizbt ¤f ww- Sec. 2. That the said corporation is authorized to take and use for all purposes of railway, and for no other purpose, a right of way one hundred feet in width through said Indian Territory and other Indian reservations, or lands reserved for Indian purposes or allotted to individual Indians, in Oklahoma Territory for said main line and branches Addition sm- m of the Interoceanic Railway Company; and to take and use a strip of “°"“·°"* land three 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, Autumn m mn 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 aid right of way, or as much thereof as may be included in said cut or pmsm. fill: Provided, That no more than said addition of land shall be taken nam. for any one station: Provided further, That no part of the lands herein Lmasmemumm, authorized to be taken shall be leased or sold by the company, and °°°· they shall not be used except in such manner and for such purposes only as shaH be necessary for the construction and convenient operammm_ tion of said railroad, telegraph, and telephone lines; and when any portion thereof shall cease to be so used such portion shall revert to the nation or tribe of Indians or individual allottee from which the same shall be taken. 1>¤¤•z¤- 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 con tructed, or by allotment under any law of the United States or agreement with the Indians, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the B“°'°°'· construction of such railway. In case of failure tomake amicable settlement with any occupant such compensation shall be determined by, the appraisement 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, or, in the case of an allottee, by said allottee or by his duly authorized guardian or representative, 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 tiled with the Secretary of the Interior within sixty days from the completion thereof; and a maiority of said referees shall be competent to act in case of the absence of a member, S¤z\;¤i¤¤ti¤:¤wf¤¤· after due notice. And upon the failure of either party to make such °'° °”° “ ‘ appointment within thirty days after the appointment made by the President, the vacancy shall he filled by the district judge ot the United States district court held in the Territxiry where the propneu-mge. erty is situated, upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings within the nation to which said occupant belongs. Each of said referees shall Cvmpsumtm. 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 under this act, with mileage at five cents per mile. \rVitnesses shall receive the cum. 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 railway company. In case the referees can not agree, then any Aw•r•r two of them are authorized to make the award. Either party being 4m»¤¤l· dissatisfied with the finding of the referees shall have the right, within