Page:United States Statutes at Large Volume 28.djvu/52

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FIFTY-THIRD CONGRESS. Sess. II. Ch. 9. 1893. 23 the sixth principal meridian, and running thence by the most practicable route through the Indian Territory to the west line thereof; thence _0kl¤¤<>r¤¤ Te r- in a south or southwesterly direction by the most practicable route "t°"` into and through Oklahoma Territory to a point on the Texas State line and on Red River between said State of Texas and the Comanche and Apache Indian Reservation, in said Oklahoma Territory, by way of, at, or near Stillwater, Guthrie, and Elreno. in Oklahoma Territory, and passing through the Osage, Pawnee, Wichita, Comanche, and Apache Indian reservations, and through the organized counties of Payne, Logan, Oklahoma, and Canadian, in said Oklahoma Territory, with the right to construct, use, and maintain such tracks, turn·outs, sidings, and extensions as said company may deem to their interest to construct along and upon the right of way and depot grounds herein provided for. Sec. 2. That said company is authorized to take and use, for all pur- Right of way. poses of a railway and for no other purpose, a right of way one hundred feet in width through said Territories, and to take and use a strip of land two hundred feet in width with a length of three thousand feet in addition to right of way, for stations, for every ten miles of S¤·**·>¤-·¤*¢- the road, with the right to use 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, or as much thereof as may be included in said cut or fill: Provided, That no more than said addition of lands shall {rx- _ be taken for any one station: And provided. further, That no part of $,1;.,, ,`{§f°°,E',`I,'{,2i, the lands herein authorized to be taken shall be leased or sold by the imcompany; and they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and con- ` venient 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, or to the persons R¤v¤¤i·>¤· from whom, the same shall have been taken. Sec. 3. That before said railway shall be constructed through any D·¤=¤z·>·- lands held by individual occupants by allotment under any law of the United States or agreement with the Indians or according to the laws, customs, and usages of any tribe of the Indians, nations, or tribes through which it may be constructed, full and complete compensation shall be made to such occupant for all property to be taken or damage V done by reason of the construction of said railway. In case of failure Avr>r•~i·<~¤=•¤¢- to make amicable settlement with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, mrow-. to be appointed, one (who shall act as chairman) by the President of the United States, one by the chief of the nation to which such occupant belongs, or in the case of an 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 court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment, which oaths 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 _ _ V member, after due notice, and upon the failure of either party to make m§'}‘(}“,f;,',Q‘_f},‘}{f°“ "“" such appointment within thirty days after the appointment made by the President, the vacancy shall be filled by the judge of the United States court for the first judicial division at Muscogee, Indian Territory, or by the iudge of the United States court which has jurisdiction I 0Ver said Indian reservations; upon the application of the other party H°”m8°· the chairman of saidboard shall appoint the time and place for all _ hearings within the nation to which said occupant belongs. Each of °°‘“*’°“““'°" said referees shall receive for his services the sum of four dollars per day~for each day they are engaged in the trial of any case submitted to them under this act, with mileage at five cents per mile. Witnesses Wi¤¤·>··'f¤¤··