Page:United States Statutes at Large Volume 28.djvu/54

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FIFTY-THIRD CONGRESS. Sess. II. Ch. 9. 1893. 25 to the Secretary of the Interior the sum of Bfteen dollars per annum for each mile of railway it shall construct in the said Territory. The ·*vl>·>¤’*i¤¤¤¤<>¤=- money paid to the Secretary of the Interior under the provisions of this act shall be apportioned by him in accordance with the laws and treaties now in force among the diiierent nations and tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Provided, That Congress Taxation. shall have the right, as long as said lands are occupied and possessed by said nations or tribes, to impose such additional taxes upon said railway as it may deem just and proper for their beneiit, and any Territory or State hereafter formed through which said railway shall have been established may exercise the like powers as to such part of said railway as may be within its limits. Said railway company shall have S¤rv¤.va¤d1»<>~¤i¤•. the right to survey and locate its railway immediately after the passage of this act. SEO. 6. That said company shall cause maps, showing the route of M¤1>¤*·<>¤>¤¤¤¤•1- its located line through said Territory, to be Bled in the office of the Secretary of the Interior, and also to be Bled in the office of the principal chief of the nations or tribes through whose lands said railway may be located, and after Bling said maps no claim for a subsequent settlement and improvements upon the right of way shown by said Impmvamauca. maps shall be valid as against said company: Provided, That when a Pmwvemap showing any portion of said railway company’s located line is Bled, G”'“'*¤· as herein provided for, said company shall commence grading said located line within two years thereafter or said location shall be void; and H-irrmvd ·>f IM said location shall be approved by the Secretary of the Interior in sec- °°' tions of twenty-Bve miles before construction of any such section shall be begun. Sec. 7. That the officers, servants, and employees of said company Bi£··;¤:;{°;: yr ¤ necessary to the construction and management of said road shall be ° w` allowed to reside, while so engaged, upon said right of way, but subject to the provisions of the Indian intercourse laws and such rules and regulations as may be established by the Secretary of the Interior in accordance with such intercourse laws. . Sec. 8. That the United States court having jurisdiction in respect !·*¤z•¤¤¤· of the Indian Territory and Oklahoma Territory and such other courts as may be authorized by Congress, shall have, without reference to the amount in controversy, concurrent jurisdiction over all controversies arising between said Kansas, Oklahoma Central and Southwestern Railway Company and the nations or tribes through whose territory said railway company shall construct its lines; said court shall have like jurisdiction, without reference to the amount in controversy, over all controversies arising between the inhabitants of said nation or tribe and said railway company, and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Territory and Oklahoma Territory, without distinction as to citizenship of the parties, so far as may be necessary to carry out the provisions of this act. Sec. 9. That the said railway company shall build at least one hun- °°g]¤¤;·_:=;i•;_·:1¤¤¤·¤*·¤¤ dred miles of its railway in said Territories within three years after P ` the passage of this act, and complete the main line of the same within two years thereafter, or the right herein granted shall be forreited as to that portion not built. That said railway company shall construct and maintain continually all fences, roads, and highway crossings, and cmainp, ae. necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway’s right of way, or may be by the proper authorities laid out across the same. Sec. 10. That the said Kansas, Oklahoma Central and Southwestern “€g;gi¤¤¤ 0* ·° Railway Company shall accept this right of way upon the expressed P ‘ condition, binding upon itself, its successors, and assigns, that they will neither aid, advise, nor assist in any effort looking_toward the changing or extinguishing the present tenure of the Indians in their lands, and will not attempt to secure from the Indian nations_ any further grant of lands or their occupancy than is hereinbcfore provided: