Page:United States Statutes at Large Volume 29.djvu/111

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FIFTY-FOURTH CONGRESS. Sess. I. C11. 82. 1896. 81 construct, use, and maintain such tracks, turn-outs, sidings, and exten— sions as said company may deem to its interests to construct and maintain along and upon the right of way and depot grounds herein provided for, with the right also of locating, constructing, owning, equipping and Bf"? Mil 0*]-***** operating, using and maintaining a branch line of railway from a point ma °m°°"°°‘ on the main line to be selected by said company over the most practicable and feasible route between Okmnlkee and Sasakwa and running southwesterly through the Indian Territory and Oklahoma Territory, to a point at or near Purcell, Chickasaw Nation, Indian Territory, or to intersect the Atchison, Topeka and Santa Fe Railroad at some point between Norman and Ardmore; thence southwesterly to the northerly side of Wilbarger County, State of Texas, and from thence to the east line of the Territory of New Mexico, and thence through New Mexico to a point at or near El Paso, State of Texas, with the right to construct, use, and maintain such tracks, turn-outs, sidings, and extensions as said company may deem to its interests to construct and maintain along and upon the right of way and depot grounds herein provided for. Sec. 2. That said corporation is authorized to take and use for all Width purposes of a railway, for. its main line and branch line, and for no other purpose, a right of way one hundred feet in width through said Indian territories and Territory of Oklahoma, and to take and use a strip of land one hundred feet in width, with a length of two thousand feet, in addition to right of way, for stations, for every ten miles of road, Smivnsyvw with the right to use such additional ground where there are heavy cuts or nlls as may be necessary for the construction and maintenance of the roadbed, not exceeding nfty feet in width on each side of said right of way, or as much thereof as may be included in said cut or iill: Provided, That no more than said addition of land shall be taken for ff°'€f,*:*· t t. any one station: Provided further, That no part of the lands herein ngérsgus iilfoiiia authorized to be taken shall be 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 railway, telegraph, and telephone lines; and when any portion thereof shall cease to be used, such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. Sec. 3. That before said railway shall be constructed through any _§’¤yf¤·>¤¢¤ w imii lands held by individual occupants according to the laws, customs, and U ua °‘ _ usages of any of the Indian nations or tribes through which it may be constructed, or by allotments under any law of the United States or agreement with the Indians, 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. In case of failure to make amicable ‘**’l"*“”°‘“°“" settlement with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed one Referees. (who shall act as chairman) by the President, one by the chief of the nation to which said occupant belongs, or, in case of an allottee, by said allottee or by his duly authorized guardian or representative, and one by said railway company, who, before entering upon the duties of their appointment, shall take and subscribe, before a district judge, clerk of 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 case of the absence of a member, after due notice. _ _ _ And upon the failure of either party to make such appointment within ,,,§‘}‘{,",§Q,‘},f{,‘Q‘Q_°° *“"‘ thirty days after the appointment made by the President, the vacancy shall be filled by the district judge of any United States court in the Indian Territory, or the Territory of Oklahoma, upon the application of the other party. The chairman of said board shall appoint the time Hwings and place for all hearings within the nation to which such occupant belongs. Each of said referees shall receive for his services the sum of Ccmpcnsanicnmc. four dollars per day for each day they are engaged in the trial of any s·r.u· L-von 29-6