Page:United States Statutes at Large Volume 28.djvu/695

666 FIFTY-THIRD CONGRESS. Sess. III. CHS. 95, 96. 1895. appmn ct es. direc and until lats thereof made u on actual survey, for the defi- °*°· Ph nite lbcation of sdid railway, and including the points for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, shall be filed with and approved by the Secretary of the Interior, and until the compensation provided for has been fixed and paid: _And pro- Hie1¤w¤y¤· vided further, That when any public road or highway is interfered with by said railway said company shall repair the same or construct a new road where such interference may occur in such manner as not to obstruct the public use of such road or highway. cempeenum. Sec. 2. That before said railroad shall be constructed through any land, claim, or improvement held by individual occupants according to any treaties or laws of the United States compensation shall be made such occupant or claimant for all property to be taken or damage done by reason of the construction of said railroad. In case of failure to make satisfactory settlement with any such claimant the United States district court at Arizona shall have jurisdiction, upon petition of either party, to determine such just compensation in accordance with the laws of Arizona provided for determining the damage when property is taken for railroad purposes; and the amount of damages resulting to the tribe or tribes of Indians pertaining to said reservation in their tribal capacity, by reason of the construction of said railroad through such lands of the reservation as are not occupied in severalty, shall be ascertained and determined in such manner as the Secretary of the Jjrmgimo to W Interior may direct, and be subject to his iinal approval: Provided, udlixsing bland. however, That said railroad company file with the Secretary of the · Interior a bond, in such amount and with such sureties as the Secretary shall approve, conditioned for the payment of just compensation for said right of way to said individual occupants and to said tribe or - tribes, as hereinbefore provided, and said company may thereupon proceed to construct and operate its railroad across said reservation. Maps. Sec. 3. That said company shall cause maps showing the route of its line through said reservation, and including the grounds for station buildings, depots, machine shops, side tracks, .turn·outs, and water stations, to be filed in the office of the Secretary of the Interior before constructing any portion of said railroad. S¤r*•yi¤s- Sec. 4. That said company is hereby authorized to enter upon said reservation for the purpose of surveying and locating its line of railroad: mcg Provided, That said railroad shall be located and constructed with due ‘"' ‘ °"” regard to the rights of the Indians and under such rules and regulations as the Secretary of the Interior shall prescribe. 0•>¤r¤¤¤<>¤- Sec. 5. That the right herein granted shall be forfeited by said company unless the road shall be constructed through the said reservation within three years after the passage of this Act. A¤¤¤¤<1¤¤¤¤¢.¤¢<=- Sec. 6. That Congress shall have at all times power to alter, amend, or repeal this Act and revoke all rights hereunder. Approved, February 18, 1895. February 18, 1895. CHAP. 96.-An Act To amend the Act entitled "An Act to establish circuit courts ji of appeals and to deiine and regulate in .certaiu cases the jurisdiction of the courts of the United States, and for other purposes," approved March third, eighteen bimdred and ninety-one. Be it enacted by the Senate and House of Representatives of the United Circuit ¤¤¤r¢¤ ·>f ev- States of America in Congress assembled, That the seventh section of the ’°€·1$_2¤_,,_m_ Act of Congress entitled “An Act to establish circuit courts of appeals and to denne and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes,” approved March third, eighteen hundred and ninety-one, be, and the same is hereby, amended lm Wm to read as tpllows: E t 'Y‘P “That w ere, upon a hearing in uity in a district court or acircui y2'],?.-fl.,.,°2,’..;";",l.;{{' court, an injunction shall be grantedtlcontinued, refused, or dissolved by