Page:United States Statutes at Large Volume 30.djvu/855

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. SS. 1899. 817 other purpose, a right of way one hundred feet in width through the said Choctaw and Chickasaw nations for the said Little River Valley Railway and branches, the same to be fifty feet on each side of the track of said railway from the center thereof, and, in addition to the L¤¤d fvr ¤¤~¢i¤¤¤· above 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, at such points as the said railway company may deem to their interest to erect, with the right to use such additional grounds, where there are heavy —¤dditional. cuts or fills, as may be necessary for the construction and maintenance of the roadbed and 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: Provided, That no more than said addition of land —¤¤¤i¢~ shall be taken for any one station: Provided further, That no part of Pmico. the lands herein authorized to be taken shall be leased or sold by the is,.II,'I,'Qf?Qt‘}Icl,E.§’,,l,’,‘f company, and they shall not be used except in such manner and for sm such purposes only as shall beinecessary for the construction and con-I venient operation of said railroad, telegraph, and telephone lines; and. when any portion thereof shall cease to be so used, said portion shall —¤~·¤i¤¤· revert to the Choctaw and Chickasaw nations. ` Sec. 3. That before said railway and telegraph and telephone lines ¤¤¤¤s¤¤· shall be constructed through any lands held by individual occupants, according to the laws, usages, and customs of the Choctaw and Chickasaw nations, 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 lines. In case of failure to ‘ imsrm. E make amicable settlement with any occupant, such compensation shall be determined by the appraisement of disinterested referees, to be qppmmmt appointed, one (who shall act as chairman) by the President, one by · the principal chief of the Choctaw or Chickasaw nations, and one by said railway company, who, before entering upon the duties of their appointment, shall take and subscribe before a judge or clerk of the United States court, or United States commissioner, an oath that they .0.ni tr. 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 upon the failure of either party to make such appointment within thirty days after the appointment made by the President the vacancy shall be nlled by the judge of the United States court for the central district of the Indian Territory, upon the application of the other party. A majority of said referees may be competent to act in case of the absence of a member, after due notice. The chair- nmnigs. man of such board shall appoint the time and place for all hearings: Provided, That the hearings shall be within the county in which the __,,,,,,,,, held_ 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 csmpsimuon. shall receive for his services the sum of four dollars per day for each day he is engaged in assessing compensation, with mileage of five cents per mile for each mile necessarily traveled in the discharge of his duties. Said board of referees shall have power to call for and examine witnesses wtemsss, rm. under oath, and said witnesses shall receive the usual fees allowed witnesses by the laws of the Choctaw or Chickasaw nations. Cost, includ- cms. ing compensation of the referees, shall be made a part of the award and be paid by the said railway company. In case the referees can not agree, then any two of them are authorized to make the award. Sec. 4. That either party being dissatisfied with the findings and Appsn to cams: award of the referees shall have the right, within sixty days after the gg¤¤· I¤¤*·¤ T¤¤i· filing of the award, as hereinbefore provided, and notice of the same, ry' to appeal by original petition to the United States district court for the central district of the Indian Territory, sitting at the place nearest and most convenient to the land and property which is sought to be condemned; and said suit shall then proceed for determining the _ voL xxx-;52