Page:United States Statutes at Large Volume 32 Part 1.djvu/113

 FIF'I`Y—SEVEN'I`H CONGRESS. Sess. I. Ch. 134. 1902. 47 Sec. 12. That Congress may at an time amend, add to, alter or *}m‘*“f}’“"“‘· repeal this Act; and the right of way lierein and hereby granted shall f<>fe0cddéiiii€f§>Id W not be assigned or transferred in any form whatever prior to the construction and completion of the road, except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof. Sec. 13. That the right to locate, construct, own, equip, operate, tG¢e$¤l5isbt1¤fW¤·r use, and maintain a railway and telegraph and telephone line or lines iiiaiiiiirigrliattiryiiugh into, in, or through the Indian Territory, together with the right to take and condemn lands for right of way, depot grounds, terminals, and other railway purposes, in or through any lands held by any ` Indian tribe or nation, rson, individual, or municipality in said Territory, or in or throughwany lands in said Territory which have been or may hereafter be allotted in severalty to any individual Indian or other person under any law or treaty, whether the same have or have not been conveyed to the allottee, with full power of alienation, is hereby granted to any railway company organized under the laws of the United States, or of any State or Territory, which shall comply with this Act. Sec. 14. That the right of way of any railway company shall not Width. exceed one hundred feet in width except where there are heav cuts and hlls, when one hundred feet additional may be taken on each side of said right of way; but lands additional and adjacent to said right of Stations. ew. way may be taken and condemned by any railway company for station grounds, buildings, depots, side tracks, turnouts, or other railroad purposes not exceeding two hundred feet in width by a length of two thousand feet. That additional lands not exceeding forty acres at any Yurds, etc. one place may be taken by any railway company when necessary for yards, roundhouses, turntables, machine shops, water stations, and other railroad purposes. And when necessary for a good and sufH- W¤t¤r¤¤m>1y· cient water supply in the operation of any railroad, any such railway company shall have the right to take and condemn additional lands for reservoirs for water stations, and for such purpose shall have the right to impound surface water or build dams across any creek, draw, canyon, or stream, and shall have the right to connect the same by pipe line with the railroad and take the necessary grounds for such purposes; and any railway company shall have the right to change or straighten Ch¤¤S€¤· its line, reduce its grades or curves, and locate new stations and to take the lands and right of way necessary therefor under the provisions of this Act. Sec. 15. That before any railroad shall be constructed or any lands u Q¤¤¤;¤§¤¤¤· i¤<¤Vid— taken or condemned for any of the pun oses set forth in the precedin ° °’ ° °' section, full compensation for such right of way and all land taken and all damage done or to be done by the construction of the railroad, or the taking of any lands for railroad purposes, shall be made to the individual owner, occupant. or allottee of such lands, and to the tribe or nation through or in which the same is situated: 1’mvirZed, That Q;’;;*"g;b€med_ correct maps of the said line of railroad in sections of twenty-tive miles each. and of any lands taken under this Act, shall be filed in the Depart~ ment of the Interior, and shall also be filed with the United States Indian agent for Indian Territory,and with the principal chief or governor of any tribe .or nation through which the lines of railroad may be located or in which said lines are situated. In case of the failure of any railway company to make amicable €;;gg’;;*§j}{‘j,‘;‘(§}ff.§§j settlement with any individual owner. occupant, allottee, tribe, or cable servlememnation for any right of way or lands or improvements sought to be appropriated or condemned under this Act. all compensation and damages to be paid to the dissenting individual owner., occupant, allottee, tribe, or nation by reason of the appropriation and condemnation of