Page:United States Statutes at Large Volume 29.djvu/70

 44) FIF'1‘Y·FOURTH UONGBESB. Sess. I. Ch. 38. 1896. Iam511B. $AP. 38.——An Act To grant the Fort Smith and Western Coal Railroad Com- Bc it enacted by the Sonata and House of Representatives of the United $ ern Coal Railroad Company, a corporation created under and by virtue "¥~""“""1"""°”'· of the laws of the State of Arkansas, be, and the same 1shereby,_vested and empowered with the right of locating, constructing, equipping, operating, using, and maintaining a railway, telegraph, and telephone 1··><>•¤i<>¤- line through the Indian Terrirory, beginning at a point to be selected by said company on the Western boundary hue of the State of Arkansas, at or near the city of Fort Smith, Sebastian County, and running thence by the most practicable route through that part of the Indian Territory occupied by and known as the Choctaw Nation, in a southwesterly direction through the counties of Scullyville, Sans Bois, G_a1nes, and Tobucksy, to a point on the Missouri, Kansas and Texas liailway, in said Choctaw N ation, between McAlester and South Canadian, with a switch from a point on said line to form a connection with the Saint Louis and San Francisco Railway at a point on that railroad, to be located between Cedars Station and the Backbone Tunnel. And with amp. the right to build in the line of said railroad, a bridge across the Poteau Biver, whose plan of construction shall be first approved by the Secretary of War. wma. S20. 2. That a right of wa of one hundred feet in width through said Indian Territory is herehy granted to the said Fort Smith and Western Goal Railroad Company, and a strip of land one hundred feet in width with a length of two thousand feet in addition to the right of smmm ‘ way is granted for such stations as may be established, but no such grant shall be allowed but once in 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 grants where there are heavy cuts or fills as may be uecessar for the construction and maintenance of the roadbed, not - exceeding lltty feet in width on each side of the right of way, or as www much thereof as may be included in said out or fil]: Provided, That no I‘"'°° f" ""°"" more than such addition of land shall be taken for any one station: nsvmiomem Provided further, That 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 and convenient operation of said railway, telegraph, and telephone lines, and when any portion thereof shall cease to be used such portion shall revert to the said Choctaw Nation. D¤¤»z•¤· Sec. 3. That betore said railway shall be constructed through any lands held by individual occupants according to laws, customs, or usages of the Choctaw Nation through which it may be constructed, full compensation: shall be made to such occupant for all property to be taken or damage done by reason of the construction of said railway. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraisement of three disintermremu. ested referees, to be appointed by the President of the United States, who, before entering upon the duties of their. appointment, shall take 0•*¤· °*¤· and subscribe before competent authority an oath that they will thiththlly and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award. In case the reterees can not agree, then any two of them are authorized to make the award. Either party being elissatisfied with the finding of the referees shall have the right, within ninety days after the making of the award Anim- and notice of the same, to appeal by original petition to the United States district court for the central district of the Indian Territory, sitting at the place nearest and most convenient to the property sought Onjfnvmikwgldvugle to be condemned, where the case shall.be tried de novo. Wheii proceed QH}? °r °" °' ings have been commenced in court the railway shall pay double the amount of the award into court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned, and Expenses- proceed with the construction of the railway. Each of said referees shall receive for his services the sum of Hvnr dollars per day for each
 * ‘j‘_°"‘— panv A right of way through the Indian Territory, and for other purposes.
 * `¤’*S¤¤i*‘*¤*"'••*·· States of America in Oongreos assembled, That the Fort Smith and West-