Page:United States Statutes at Large Volume 29.djvu/533

 FIFTY-FOURTH CONGRESS. Sess. II. Ch. 108. 1897. 503 of the Cimarron River, running thence by the most feasible and practicable route to the town of Muskogee, Creek Nation; thence in a northeasterly direction by the way of Fort Gibson and Tahlequah to such a point on the western boundary line of the State of Arkansas between the Arkansas River and the northern line of the State of Arkansas as said corporation may elect, with the right to construct, use, and maintain such tracks, bridges, and sidings as said company may deem it to their interests to construct along and upon the right of way and depot grounds herein provided for. with the right to construct two branch lines of road, B”¤°h°°· one commencing at the town of Muskogee, in the Creek Nation, and running thence in a southeasterly direction on the south side of the Arkansas River to the west boundary line of the State of Arkansas, the other commencing at or near said town of Muskogee and running thence in a southwesterly direction by the most feasible and practicable route to such a point on the eastern boundary of Oklahoma Territory, south of the Canadian River, as said company may select; and the company shall have the same rights and privileges for its branch railway, · telegraph, and telephone lines as for its main line. Sec. 2. That said corporation is authorized to take and use for all Widthpurposes of a railway, telegraph, and telephone line, and for no other purpose, a right of way one hundred feet in width through said allotted lands and through said Indian Territory, both for its main line and branches thereof, and to take and use a strip of land one hundred feet S°¤**°¤¤~°°°- in width, with a length of two thousand feet in addition to the right of way, for stations for every ten miles of said railroad, with the right to use such additional ground where there are heavy cuts or tills as may be necessary for the construction and maintenance of the roadbed, not exceeding fifty feet in width, along said right of way, or as much thereof as may be included in said cuts or fills: Provided, That no more than said fT°*{?;?#- t I, addition of land shall be taken for any one station : And provided further, nggémid: ioimiién- That no part of the lands herein authorized to be taken shall be used “"'· except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph, and telephone lines; and when any portion thereof shall cease to be so used, such portion shall revert to the individual Indian or to the nation or tribe of Indians from which the same shall have been taken. _ Sec. 3. That before said railroad, telegraph, and telephone line shall `_,§:{g°“°° ‘° “““· be constructed through any land in the Territory of Oklahoma allotted In okmiwma. to an Indian in severalty, by authority of the United States, full compensation shall be paid such allottee for all property taken and damage done by reason of the construction of said railway, telegraph, and telephone line. And it shall be the duty of the Secretary of the lnterior l¤‘¤di°¤T°¤‘**°’Y· to fix, in such manner as he shall designate, the amount of compensation to be paid such allottees. And before said railway shall be constructed through any lands held by individual occupants, according to the laws, customs, and usages of any Indian nation or tribe, full compensation shall be paid to such occupants for all property to be taken or damage done by reason of the construction of the railway, telegraph, and telephone line, And in case of failure to make amicable settlement Ar¤¤i·¢¤¤¤¤*- with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed, one (who R~=f¤r¤<>¤· shall act as chairman) by the President of the United States, one by the principal chief of the nation to which said occupant belongs, and one by said railroad company, who, before entering upon the duties of their appointment, shall take and subscribe before a judge, clerk, or commissioner of the United States court for the Indian Territory 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 be tiled with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member, after due notice. And upon the failure of either party to make such appointment within Substitution on mu. thirty days after the appointment made by the President of the United “"` '° ’*‘*’°""·