Page:United States Statutes at Large Volume 32 Part 1.djvu/110

 44 FIFTY-SEVENTH CONGRESS. Sess. I. C11. 134. 1902. ““‘*°”’·°"’- in width, with a length of two thousand feet, in addition to right of way, for stations, for every eight 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 one hundred feet in width on each side of said right of way, ` gg""- or as much thereof as may be included in said cut or fill: Provided, That no more than said addition of land shall be taken for any one mkgvemm M mm- station: .l)l‘0Q2id8d£uTth6T, That no part of the lands herein authorized to be taken shall 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 railwa, telegra h, and telephone lines; and when any portion thereof shall cease tolbe so used such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. .g;£;¢¤ W Wu- Sec. 3. That before said railway shall be constructed through any vi 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, full compensation shall be made to such occupants for all propert to be taken or damage done by reason of the construction £m· of such railway. In case of failure to make amicable settlement with ` any occupant, such compensation shall be determined by the appraise ment of three disinterested referees, to be appointed, one (w o shall act as chairman) by the Secretary of the Interior, one by the·chief of the nation to which said occupant belongs, and one by said railway com n, who, before entering upon the duties of their agpointment, shallmtake and subscribe, before a district judge, clerk o 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 be competent to act in “Q“&°flj'£,':{°“ml· case of the absence of a member, after due notice. And upon the ` failure of either party to make such appointment within thirty da s after the appointment made by the Secretar of the Interior. the vacancy shall be lilled by a judge of the United States court for the Hannan Indian Territory upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings °°”°P°°*'-‘°¤·°*°· within the nation to which such occupant belongs. Each of said referees shall receive for his services the sum of four dollars per day for each day they are en ged in the trial of any case submitted to them under this Act, withumileage at live cents per mile. Witnesses shall receive the usual fees allowed by the courts of said nations. Costs, including compensation of the referees, shall be made a part of the award, an be paid by such railway compan. In case the referees can not agree, then any two of them are authrorized to make ”"‘"’· the award. Either party being dissatisfied with the finding of the referees shall have the right, within ninety days after the making of ·*PP°•‘· the award and notice of the same, to appeal by original petition to the United States court for the Indian Territory, which court shall have jurisdiction to hear and determine the subject-matter of said petition, according to the laws of the Territory in w ich the same shall be heard provide for determining the damage when ropert is .taken for railroad purposes. If upon the hearin of saidlappealythe judgment of the court shall be for a larger sum dun the award of the referees, the °°"” °" ‘¥’P°"· cost of said appeal shall be adjudged against the railway company. If the judgment of the court shall be for the same sum as the award of the referees, then the costs shall be adjudged against the a pellant. lf the judgment of the court shall be for a smaller sum than the award i of the re erecs, then the costs shall be adjudged against the party ”;?‘Q1*:dg;{,:°·g',jr*g{ claiming damages. W hen proceedings have been commenced in court,