Page:United States Statutes at Large Volume 30.djvu/847

FIFTY-FIFTH CONGRESS. Sess. III. C11. 65. 1899. 809 alter the Bling of maps of deBnite location as hereinafter set forth, dissents from the allowance hereinbefore provided for, and shall certify the same to the Secretary of the Interior, then all compensation to be paid to said nations under the provisions of this Act shall be determined as provided in section three for the determination of the com- ·4··*¢·v- W- pensation to be paid to the individual occupant of lands, with the right of appeal to the courts upon the. same terms, condition , and requirements as therein provided: Provided further, That the amount awarded Award to be in neu or adjudged to be paid by said railway company for said dissenting °‘" °°“‘*’°“'*‘“‘°“· nation or nations shall be in lieu of the compen ation said nation or nations would be entitled to receive under the foregoing provision except the annual tax herein provided for. Said company shall also Ausmimtai. pay, so long as said territory is owned and occupied by the Choctaw Indians or Chickasaw Indians, respectively, to the Secretary of the Interior, the sum of Bfteen dollars per annum for each mile of railway it shall construct in the said nations, respectively. The money paid to the Secretary of the Interior under the provisions of this Act shall be disbursed by him in accordance with the laws and treaties now in force within said nation and tribes accordingto the number of miles ·of railway that may be constructed by said railway company through their lands: Provided, That Congress shall have the right, so long as said lands are occupied and possessed by said nations and tribes, to impose Additicnnl men. such additional taxes upori said railway as it may deem just and proper for the beneBt of said nations, and any Territory or State hereafter _ formed through which said railway shall have been established may exercise the like power as to such part of said railway as may lie within its limits. Said railway company shall have the right to survey and Snrva-.¤¤¤. locate its railway immediately after the passage of this Act. Sec. 7. That said company shall cause maps showing the route of M¤1>¤¢¤ M filedits located lines through said nations to be Bled in the office of the Secretary of the Interior, and also to be Bled in the office of the principal chiefs of the said nations or tribes throughwhose lands said railway may be located; and after the Bling of said maps no claim for a subsequent settlement and improvement upon the right of way shown by said maps shall be valid as against said company: Provided, That a rmm. , map showing the entire line of the road in the Indian Territory shall ‘“”'°"“*· be Bled with and approved by the Secretary of the Interior before the construction of the same shall be commenced. Sec. 8. That the officers, servants, and employees of said company _Hmp1¤y¤¤¤ my re necessary to the construction and management of said railroad shall *“‘*° °“ "““'°" '""· be allowed to reside, while so engaged, upon such 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 said intercourse laws. Sec. 9. That said railway company shall build at least seventy-Bve C°¤¤*"*°**°¤- miles of its railway in said nations within three years after the passage of this Act, and complete the remainder thereof within three years thereafter, or the rights herein granted shall be forfeited as to that —-f¤¢f¤i¢¤r¤- portion not built. That said railway company shall construct and ¤r¤·¤¤¤g¤. maintain continually all roads and highway crossings and 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 Arkansas and Choctaw Railway Company shall <i:¤¤i¤¤¤ of nwert accept this right of way upon the express condition, binding upon itself, an ' its successors and assigns, that they will neither aid, advise, nor assist any effort looking toward the changing or extinguishing the present tenure of the Choctaw Indians or Chickasaw Indians in their land, and will not attempt to secure from the Choctaw Nation or Chickasaw Nation any further grant of land or its occupancy than is hereinbetore provided; Provided, That any violation of the condition mentioned in to form, this section shall operate as a forfeiture of all the rights and privileges""' of said railway company under this Act.