Page:United States Statutes at Large Volume 30.djvu/845

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 65. 1899. 807 outs, and sidings as said company may deem it to their interest to construct. Sec. 2. That said corporation is authorized to take and use for all pur- Widthposes of a railway and telegraph and telephone line, and for no other _ purpose, a right of way one hundred feet in width through the said Choctaw and Chickasaw nations for the said Arkansas and Choctaw » Railway Company, the same to be fifty feet on either side of the track of said railway from the center thereof, and, in addition to the above Land at mucus, right of way, to take and use a strip of land one hundred feet in width, ""’· with a length of two thousand feet, for stations for every ten miles of road, with the right to use such additional grounds where there are heavy —¤n1m¤¤n cuts or lills as may be necessary for the construction and maintenance of the roadbed an track, not exceeding fifty feet in width on each side of the said right of way, or as much thereof as may be included in said cut or fill: Pro/vided, That no more than said addition of land shall be taken for any one station: Provided further, That no part of the lands Iimieinmi on gmt. herein authorized to be taken shall be leased or 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 railroad, telegraph and telephone lines; and when any portion thereof shall cease to be so used, such portion shall revert to the Choctaw Nation or Chickasaw Nation. Sec. 3. That before said railway and telegraph and telephone line D•¤¤8••· shall be constructed through any lands held by individual occupants according to the laws, usages, and custom of the Choctaw Nation or Chickasaw Nation, respectively, 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 and telegraph and telephone line. In case of failure to make amicable settlement with any *°*`°'°°'- occupant, such compensation shall be determined by the appraisement of disinterested referees, to be appointed-—for the Choctaw Nation, one, —*·vr¤i¤¤¤¤¤¤· who shall act as chairman, by the President; one by the principal chief of the Choctaw Nation, and one by the said railway company; and for the Chickasaw Nation, one, who shall act as chairman, by the President; one by the principal chief of the Chickasaw Nation, or, in case of an allottee, by said allottee or by his duly authorized guardian or representative, and one by said railway company, who, before entering >-<>=~¢h.¤¢¤· upon the duties of their appointment, shall take and subscribe before a judge or clerk of a United States court or United States commissioner an oath that they will faithtnlly and impartially discharge the duties of their appointment, which oath, duly certilied, shall be returned with theiraward to, and filed with, the Secretary of the Interior within sixty days from the completion thereof; 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 iilled by the j udge, of the United States court for the district of the Indian Territory in which the property sought to be condemned is situated upon the application of the other party. A maiority of said referees shall he competent to act in case of the absence of a member, after due notice. The chairman of such board shall appoint the time and place for all hearings; Prorided, €;·;;‘;°és_ That the hearings shall be within the county where the property is situated for which compensation is being assessed for the taking thereof or damage thereto, and at a place as convenient as may be for said occupant, unless the said occupant and said railway company agree to have the hearing at another place. Each of said referees shall "g;’J_°”°***°” °’ receive for his services the sum of four dollars per day for each day he ` is actually engaged in the trial of any case submitted to them under this Act, with mileage of live cents per mile for each mile actually _ traveled. Said board of referees shall have power to call for and W'“‘°“°“· examine witnesses under oath, and said witnesses shall receive the usual fees allowed witnesses by the laws of the Choctaw Nation and Chickasaw Nation, respectively. Costs, including compensation of the ¤·>¤*·-