Page:United States Statutes at Large Volume 28.djvu/532

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FIFTY-THIRD CONGRESS. Sess. II. Ch. 330. 1894. 593

1‘3ilI'0H.dS, mines, coal leasehold estates, and other property of the said

"Ch0cmw Coal and Railway Company, and this Act shall be construed and treated as an assent upon the part of the United States to the acquisition and holding by such new corporation of the estates and premises thereby conveyed, subject to the right of said corporation to thereafter acquire, and hold such additional property as it may lawfully do by virtue hereof: Provided, however, That as to all coal lease- P¤¤¤*<>· hold estates or leases of coal claims or rights to mine coal in the Chow C°°u°”°° taw Nation, such assent shall be upon condition that the said new _ corporation shall conform to all the provisions, conditions, and limitations contained in the Act approved October first, eighteen hundred V<>¤·26·v-640- and ninety, entitled “Au Act giving, upon conditions and limitations therein contained, the assent of the United States to certain leases of right to mine coal in the Choctaw N ation." Sec. 4. That it shall aud may be lawful for such new corporation to b C°*{J°“g°**°¤ of construct and operate branches from its said railroad and for such pur- pose to take and use rights of way not exceeding 0110 hundred feet in width upon making compensation therefor as provided in the case of taking land for its main line, and to lease its railroads and mines and other property to any company owning or operating a railroad couneeting with the railroad of said new corporation on such terms and conditions as may be agreed upon: Provided, That the right to cou- €*¢•g;g· struct branches conferred by this section shall exist and be exercised in the Indian Territsory only for the purpose of developing-and working the leases mentioned in the Act of Congress of October first, eighteen hundred and ninety. Sec. 5. That the said corporation, when organized as hereinbefore 0¤r1·¤¤·¢¤ rigmprovided, shall have smd possess perpetual succession and shall be able to sue anu be sued, plead and be impleaded, in all courts of record and elsewhere, and shall have power to ordain, establish, and put in execution such by-laws and regulations as shall be proper, necessary, or convenient for the government of the said corporation, not being contrary to the Constitution and laws of the United States, and generally to do all and singular the matters and things which shall be necessary or convenient to enable the said company to maintain, use, and operate their railroads and mines which it may become possessed of by virtue hereof in conformity with the provisions of the Acts ofC0ngress relating to or affecting the Choctaw Coal and Railway Company. Sec. 6. That the stockholders of the company shall meet on the m»t:¤¤¤1 ¤1¤¢¤<>¤ ¤f second Monday in January in every year at such place as may behxed ° " 0n by the by-laws, notice of which meeting shall be given in the manner that may be designated by the bylaws, and choose. by a majority of 4 the voters present or represented, a. president and nine directors for the · ensuing year, who shall continue in officc until the next annual election and until ()tl]Q[‘$ aff) chosen; {lt annual meeting tI1B said stock- Btfcuon l y ' holders shall have full power and authority to make, order, or repeal, by a mqinrity of votes given, any or all such by-laws, rules, orders, and regulations us aforesaid, and to do and perform every other corporate acs mrtlmrized by their charter; the stockholders may meet; mz such M¤·¤¤¤¤¤· other times and places as they may be summoned by the president and dimctxnrs, in such manner and form and gnviug such notice as may be prescribed by the bylaws. At all meetings stockholders maybe represented and vute by proxy. Smv. 7. That the election for president and directors provided for in M·¤¤¤¤>*¤*·¢¤¤¤¤ this Act shall be conducted as follows: The directors for the time being shall appoint three stockholders to be judges of the said election and to hold the same; the persons so appointed shall not be eligible to an election as president or director at said election and shall, respectively, take and subscribe an oath or affirmation before a notary public or other officer qualified to administer oaths well and truly and according to law to conduct such election to the best of their knowledge and ability; and the said judges shall decide upon the qualifications of voters and when