Page:United States Statutes at Large Volume 30.djvu/281

 242 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 18. 1898. BMW- beginning at a point to be selected by said railway company at or near Red Fork, in the Oreck Nation, Indian Territory, and running thence over the most practicable and feasible route, through the Creek Nation, Indian Territory, thence through the Territory of Oklahoma to Guthrie, in said Territory, with the right to construct, use, and maintain such tracks, turn-outs, sidings, and extensions as said company may deem to its interests to construct and maintain along and upon the right of way and depot grounds herein provided for: Provided, That nothing in this ,A&**yaP,j:u”°°” *’°’ occupy the lands herein granted, except land belonging to the United `, States, without paying the owner thereof a reasonable and Just compensation therefor. Rizht ·»fw¤y· SBC. 2. That said corporation is authorized to take and use for all purposes of a railway, for its main line, and for no other purpose, a ~ right of way one hundred feet in width through said Indian Territory Lwd f¤r ¤¤¤¤¤¤¤· and Territory of Oklahoma, and to take and use a strip of land one hundred feet in width, with a length of two thousand feet, in addition I to right of way, for stations, for every ten miles of road, with the right to use such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of the roadbed, not exceeding fifty feet in width on each side of said right of way, or as P¤¤>**<>·— much thereof as may be included in said cut or iill: Provided, That no Limit. more than said addition of land shall be taken for any one station: Provided, further, That no part of the lands herein authorized to be b I-3**** Mt ****:0*** taken shall be sold by the company, and they shall not be used except y ° °°mP°°y’° °` 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 nation or tribe of Indians or individual Indian from which the same shall have been taken. 0°fg;*aPI;:¤‘;jf&g,°,;° Sec. 3. That before said railway shall be constructed through any ' lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed, or by allotments under any law of the United States or agreement with the Indians, 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 m,j__Q}"“’”“* "Y '°‘· amicable settlement with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be Ar1—¤i¤¤¤¤¤¤¤ M"- appointed one (who shall act as chairman) by the President, one by the chief of the nation to which mid occupant belongs, or, in case of an allottee, by said allottee or by his duly authorized guardian or repre sentative, and one by said railway company, who, before entering upon the duties of their appointment, shall take and subscribe, befbre a district judge, clerk of a district court, or United States commissioner, 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 filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall he competent to actin case of the absence of a member, after due notice. °tf¤*l¤¤’¤ *0 =*PP¤i¤°· And upon the failure of either party to make such appointment within ' thirty days after the appointment made by the President the vacancy shall be tilled by the district judge of any United States court in the I ndian Territory or the Territory of Oklahoma, upon the application oi H I the other party. The chairman of said board shall appoint the time and _‘“""“¥" _ place for all hearings within the nation to which such occupant belongs. s¤§’;'{;jff”*“"°“ f"' Each of said referees shall 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 at five cents per mile. “ ""°""“”· \Vitnesses shall receive the usual fees allowed by the courts of said nations and the courts of Oklahoma Territory. Costs, including com» pensation of the referees, shall be made a part of the award, and be paid by such railway comp`any. ln case the referees can not agree,
 * """·’°· Act shall be so construed as to give said company any right to use or
 * Y'l’°”‘· then any two of them are authorized to make the award. Either party