Page:United States Statutes at Large Volume 30.djvu/1029

 FIFTY-FIFTH CONGRESS. Suss. III. Ch. 374. 1899. 99] on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may·include ground adjacent thereto for station buildings, depots, machi11e shops, side tracks, turn-outs, and Additional ground water stations, not to exceed one hundred feet in width by a length of M °°“"°“°“‘ "’t°‘ two thousand feet, and not, more than one station to be located within any one continuous length of ten miles of road: Provided, That this Prvviw section shall apply to all rights of way heretofore granted to railroads ;,,fi§,*}}{Y;:}’;$,$§TZ}‘§? in the Indian Territory where no provisions defining the width of the rights of way are set out in the Act granting the same. Sec. 3. That the line of route of said road may be surveyed and M¤p¤¤<>be¤1e<1· located through. and across any of said lands at any time, upon permis- ' sion therefor being obtained from the Secretary of the Interior; but before the grant of such right of way shall become eliective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the Interior, and the company must make payment to the Secretary of the Interior for the benefit of the tribe or nation, of full compensation for such right of way, including all dam- Damages. age to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner as he may prescribe. Before any such railroad shall be constructed through any land, claim, or improvement, held by individual occupants or allottees in pursuance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the construction of such railroad. In case of failure tomake amicable settle- Appmm. ment with any such occupant or allottee, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed by the Secretary of the _Interior, 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 award to the Secretary of the Interior. If the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees Appealshall have the right within sixty days after the making of the award and notice of the same, to appeal, in case the land in question is in the Indian Territory, by original petition to the United States court in the Indian Territory sitting at the place nearest and most convenient to the property sought to be condemned; and if said land is situated in any State or Territory other than the Indian Territory, then to the United States district court for such State or Territory, where the case shall be tried de novo and the judgment for damages rendered by the court shall be final and conclusive. When proceedings are commenced in C·>¤¤¤r¤¤¤i··¤ fp court as aforesaid, the railroad company shall deposit the amount of §’,Y"§{,'1,°§§,‘j,§f d°*'°°‘° the award made by the referees with the court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. Each of the referees shall receive for his compensation the sum of four dollars per day while engaged in the hearing of any case submitted to them under this Act. \Vitnesses shall receive the fees usually allowed by Fee¤.c¤¤c¤.¤w. courts within the district where such land is located. Costs, including compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad company. smc. 4. That if any such company shall fail to construct and put in €‘¤¤1¤t¤¤¤¤e¤· operation one-tenth of its entire line in one year, or to complete its road "'°"°""°‘ within three years after the approval of its map of location by the Secretary of the Interior, the right of way hereby granted shall be deemed forfeited and abandoned ipso facto as to that portion of the road not then constructed and in operation: Provided, That the Secretary may, Pima. _ when he deems proper, extend, for a period not exceeding two years, g§§§*,{’,§{§{,,,‘Qf “"“" the time for the completion of any road for which right of way has been granted and a part of which shall have been built.