Page:United States Statutes at Large Volume 30.djvu/283

 244 FIFT Y-FIFTH CONGRESS. Sess. II. C11. 18. 1898. number of miles of railway that may be constructed by said railway xwuimi axe. im company through their lands: Provided, That Congress shall have the nlly ·¥ M ‘>°*·°*** °' right, so long as said lands are occupied and possessed by said nations or tribes, to impose such additional taxes upon said railway as it may deem just and proper for their beneBt; and any Territory or State hereafter formed through which said railway shall have been established may exercise the like power as to such part of said railway as may lie zrmwriaaum, sw. within its limits. Said railway company shall have the right to survey and locate its railway immediately after the passage of this Act: Pro- Manrof md in 1¤- vided further, That a map showing the entire line of the road in the §L‘,‘{_e,§T""‘°" t° l’° Indian Territory shall be Bled with and approved by the Secretary of the Interior before the work of construction shall commence. Fi1i¤s¤f ¤¤•r¤· Sec. 6. That said company shall cause maps showing the route of its located lines through said Territories to.be Bled in the office of the Secretary of the Interior, and also to be Bled in the office of the principal chiefs of each of the nations or tribes through whose lands said railway may be located; and after the Bling of said maps no claim for a subsequent settlement and improvement upon the right of way shown Pr¤•¢···- by said maps shall be valid as against said company: Provided, That “·},°**·;*£,f_¤¢_&{,°{_i,';§ when a map showing any portion of said railway compauy’s located ' line is Bled as herein provided for, said company shall commence grading said located line within six months thereafter, or such location shall be void; and said location shall be approved by the Secretary of the Interior in sections of twenty-five miles before construction of any such section shall be begun. Residence by com- Sec. 7. That the officers, servants, and employees of said company §{?';,{;°'§f"“°“ “g"‘ necessary to the construction and management of said railway shall be " allowed to reside, while so engaged, upon such right of way, but subject to the provisions of the Indian intercourse laws and such rule and regulations as may be established by the Secretary of the Interior in accordance with said intercourse laws. 4 compisctm, ew.. of Sec. 8. That said railway company shall build at least Bfty miles of md' its railway in said Territory within three years after the passage of this Act, and complete the remainder thereof within three years thereafter, or the rights herein granted shall be forfeited as to that portion not built; that said railway company shall construct and maintain con- Fences. crossings tinually all fences, road and highway crossings, and necessary bridges . °°°‘ over said railway wherever said roads and highways do now or may hereafter cross said railway’s right of way, or may be by the proper authorities laid out across the same. ctapnytqtruscuen Sec. 9._ That the said Muscogee Coal aud_ ltailway Company shall f} §§{,Q,,“§;§_{;;,°_,H§€ accept this right of way upon the express condition, binding upon itself, di¤¤¤.¤t¤· its successors and assigns, that they will neither aid, advise, nor assist in any effort looking toward the changing or extinguishing the present tenure of the Indians in their lands, and will not attempt to secure from the Indian nations or tribes any further grant of land or its rama. occupancy than is hcreinbefore provided for: Provided, That any remit;. violation of the conditions mentioned in this section shall operate as a foiifeiture of all the rights and privileges of said railway company under th s Act. R·~>r·¤·>f¤·-•·¤s·¤·— Sec. 10. That all mortgages executed by said railway company, con- · veying any portion of its railway, with its franchises, that may be constructed in said Indian Territory and Oklahoma Territory, shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of their execution and shall convey all rights and property of said company as therein expressed. A¤¤¤¤•l¤¤¢¤¢· Sec. 11. That Congress may at any time amend, add to, alter, or 4 _ repeal this Act; and the right of way herein and hereby granted shall 0,.=§;;§¤"’°"*°‘”$h° not be assigned or transferred in any form whatever prior to the construction and completion of the railway except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof Approved, February 1-l, 1898.