Page:United States Statutes at Large Volume 29.djvu/139

 FIFTY-FOURTH CONGRESS. Sess. I. C11. 141. 1896. 109 CHAP. 141.-An Act To grant to railroad companies in Indian Territory additional April 25, 1896. p0W6IS to SGOIIIO (l.8p0li gI`0H!ldS. `—*_‘* Be it enacted by the Senate and House of Representatives of the United _ _ States of America in Congress assembled, That any railroad company {,“,‘§{§§,,’f°jj,j,*‘;f,,,_ operating a railroad in the Indian Territory may acquire the right to m¤y_¤cq¤ir6 mus for use such additional ground as may be necessary for railway purposes °°’“°‘°"’· °°°‘ at stations now existing, or for the establishment of new stations or depots, by making it appear to the Secretary of the Interior that such additional ground is necessary for railway purposes, and that the convenience of the people and the public interests will be promoted thereby : Provided, That the lands so acquired shall be subject to all the condi- gotgylgtgém tions and limitations as to use as are the lands for right of way and ' station purposes, as contained in the original Acts, respectively, granting the companies rights of way through the Indian Territory. Sec. 2. That the Secretary of the Interior may, when convinced that m_{·:¤**¤ Mm in *=°¤¤· such application is proper, and after allowing opportunity for all par- ` ties in interest to be heard before him, grant the use of such additional lands held by the Indians in common as may be necessary for depot purposes; but before taking possession of and using such lands the railroad company shall deposit with the treasury of the tribe to which the P¤Y¤¤°¤* te mwlands belong compensation in cash at the rate of twenty-five dollars _ pcr acre: Provided, That if such tribe shall not be satisfied with the gm'- compensation herein provided, and the same can not be amicably determined, the amount to be paid by such railroad company to such tribe and the necessity for such taking shall be ascertained in the same manner as is prescribed by section three of this Act with respect to compensation to be paid individual occupants on any land so takeu: Provided further, That before taking possession of and using such additional ,,,,§,PP"°"“l °f M" lands the railroad company in interest shall iile a map of detinite location of the same with the Secretary of the Interior, which map shall be subject to the approval of such Secretary. _ _ _ Sec. 3. That when lands desired by a railroad company under the mf‘§gfQf,§‘,fnQQf““‘“" provisions of this Act are held by individual occupants according to the laws, customs, and usages of any of the nations or tribes through whose lands the road is constructed, full compensation, in addition to the compensation to be paid the nation or tribe herein provided for, shall be paid to such occupant for all property taken and damage done by reason of the occupancy of the lands by the company for station purposes; and where the compensation can not be agreed upon between Ramonathe company and the occupant, the company may apply to the Secretary of the Interior, who shall thereupon appoint three disinterested referees, who, before entering upon the duties of their appointment, shall take ami subscribe, before competent authority, an oath that they will faithfully and im partially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award. In case 4****- the referees can not agree, then any two of them are authorized to make the award. Either party dissatisfied with the finding of the referees APP°“*· 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 United States court for the Indian Territory in and for the district wherein the land sought to be so taken may be situate, where the case, both as to the necessity for the taking as well as the amount of damages, shall be tried de novo. When proceedings have been commenced in court and mB3§di¤§;·¥dM€; the court has determined the necessity for such taking, the railroad m ,,.}.’,{’,‘?.;_ g °" company shall pay double the amount of the award into court to abide the judgment thereof, and then to have the right to enter upon the property sought to be condemned and proceed with the construction of such depot with the necessary tracks. Each of said referees shall PW °* *°‘°'°°¤· °'*°· 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 of live cents per mile for each mile actually traveled. Witnesses shall receive the usual fees allowed by the court, and all