Page:United States Statutes at Large Volume 30.djvu/380

 FIFTY-FIFTH CONGRESS. Sess. II. (JH. 87. 1898. 34] CHAP. 8'I.—An Act To grant the right of way through the Indian Territory to March 23, mss. the Denison, Bonham and New Orleans Railway Company for the purpose of con- i‘—‘* structing a railway, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Denison, Bonham and l£¢;gig_9¤Gr£ j¤ xd? New Orleans Railway Company, a corporation created under and by $mv]Z,,,l,,,,,,f,f;.°,,,,te,,{ virtue of the laws of the State of Texas, be, and the same is hereby, g{=£;;€I‘;;*g;llfQ;°“¤h· invested and empowered with the right of locating, con tracting, own- " ing, equipping, operating, using, and maintaining a railway and telegraph and telephone line through the Indian Territory, beginning at a. —1¤c¤¤¤¤. point to be selected by said railway company on Red River, near Denison, in Grayson County, in the State of Texas, and running thence by the most practicable route through the Indian Territory in a northerly direction to the southern boundary of the State of Kansas, at some point in the south line of Chautauqua County, in said State, with the right to construct, own and maintain, and operate a branch line of rail- 'nmmiiiaut. way, beginning at a point not exceeding thirty-five miles north of Red -1¤¤¤u¤¤. River, on the main line, thence in a. northwesterly direction to Fort Sill, in Oklahoma Territory, with the right to construct, use, and maintain such tracks, turn-outs, branches, sidings, and extensions as said company may deem it to their interest to construct. ' SEO. 2. That saidoorporation is authorized to take and use for all gizhtvfgzry- purposes of a railway, telegraph, and telephone, and for no other purpose, °"‘ P' ' a right of way one hundred feet in width through said Indian Territory, --wiclth. and to take and use a strip of land one hundred feet in width, with a smim. length of two thousand feet, in addition 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 ot the right of way, or as much thereof as may be included in said cut or till: Prorided, That no more than said addition of land Prmjisos. sh all be taken for any one station: Provided further, That no part of §Q'§,‘{fg,,M ,,s,,_m_ the lands herein authorized to be taken shall be sold by the company, and they shall not 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 por- nevmiou. tion thereof shall cease to be so used such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. Sec. 3. That before said railway, telegraph, or telephone line shall Duma;.-B. 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, telegraph, or telephone line. In case of failure to make amicable settle- R¤f¤¤>¤». =·1>1·¤i~·¤ ment with any occupant, such compensation shall be determined by the M" appraisemeut of three disinterested referees, to be appointed, one (who Appnantmem or shall act as chairman) by the President of the United States, ou by the chief of the nation to which said occupant belongs, or in cast}: of an allottee, by said allottee, or by his duly authorized guardian or rep- ’ resentative, and one by said railway company, who, before entering —»<»¤¢1·,¤*¤- upon the duties of their appointment, shall take and subscribe, before
 * 1. district judge; clerk of a district court, or United States commissioner,

am oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certiiied, 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 ·““*~l°'**Y my ‘°‘· be competent to actin ease of the absence of amember, after due notice. And upon the failure of either party to make such appointment within —¤¤*¤·S *•°·¤*“*°•- thirty days after the appointment made by the President of the United States the vacancy shall be filled by the district judge of any United