Page:United States Statutes at Large Volume 28.djvu/259

 230 rmrr-rnmn conennss. sr.s. 11. ou. 215. m4. selected by the said company on Red River north of the north boundary line of Montague County, in the State of Texas, and running thence by the most practicable route through the Indian Territory in a northeasterly direction to a point on the west boundary of the State of k. wma. AISQES9; That a right of way of one hundred feet in width through said Indian Territory is hereby granted to the Arkansas, Texas and Mexican Central Railway Company, and a strip of land two hundred feet in width, with a length of three thousand feet, in addition to the sauna. right of way, is granted for such stations as may be established, but such grant shall be allowed but once in every ten miles ot 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 fills as `may be necessary for the construction and maintenance of the roadbed, not exceeding one hundred feet in width on each side of the said right of way, or as much thereof as may be included in said cut or till: m- mm. Provided, That no more than such addition of land shall be taken for Rmsm; ,0, ,,j,,,_ any one station: Provided further, That no part of the lands herein ua-. granted shall 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 line, and when any portion thereof shall cease to be .used such portion shall revert to the nation or tribes of Indians from which the same shall have been taken. nmagummima. Sec. 3. That before said railway shall be constructed through any ¤•¤ lands held by individual occupants according to law, customs, and usage 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 appraisemeut B,,¤.,,,_ of three disinterested referees, to be appointed by the President of the United States, who, before entering upon the duties of their appointment, shall take and subscribe before 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 mmm. award. In case the referees can not agree, then any two of them are Appw. authorized to make the award. Either party being dissatisfied with the Ending 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 proceedings have been commenced in court the railway company ‘;W:*lm¤•! g•s•¤b•;= shall pay double the amount of the award into court to abide the .,'.f¤f " °° judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railroad. Each of such referees shall receive for his services the sum of four dollars per day.i'or each day they are engaged in the trial of any case submitted to them under this Act, with mileage at the rate of five cents per mile. Witnesses shall receive the usual fees allowed by the com. courts of said nations. Costs, including compensations of the referees, shall be made a part of the award and be paid by such railroad company. Freight curses- Sec. 4. That said railroad company shall not charge the inhabitants _ 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 n-mm. same kind: Provided, That the passenger rates on said railroad shall P·¤¤¤¤z¤r cbnrsw not exceed three cents per mile. Congress hereby reserves the right mgnhmns to regulate the charges for freight and passengers on said railroad and messages on said telegraph and telephone lines until a State government or governments shall exist in said Territory, within the limits of which said railroad or part thereof shall be located, and then such State government or governments shall be authorized to iix and regulate the costs of transportation of persons and freight within their respective