Page:United States Statutes at Large Volume 24.djvu/452

FORTY-N IN TH CONGRESS. Sess. II. Ch. 254. 1887. 4].9 CHAP. 254.-An act to authorize the Fort 'Worth cmd Denver City Railway Com- Feb. 24, 1887. pany to construct and operate a railway through the Indian Territory, and for other -——...-. PHTPOBCS. . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Fort Worth and Denver Fort Worth and City Railway Company, a corporation created under and by virtue of D°“"5' (MY BML the laws of the State of Texas, be, and the same is hereby, invested and g:,{,zQ’({"*Q2"{,§}',{ empowered with the right of locating, constructing, owning, equipping, mi1way,te1egmpb, operating, using, and maintaining a railway and telegraph and telephone and t¤1¤p1wn¤]¤¤¤ line through the Indian Territory, beginning at a point to be selected ¥*;‘;l'fb I " d“" by said railway company on south boundary of said Territory between QJ0g3U_ . the west line of Wichita county, Texas and the one hundredth meridian, and running thence by the most practicable route through the Indian Territory to a point on the southern boundary of Kansas, west of the west line of Comanche county, Kansas, with the right to construct, use, and maintain such tracks, turnouts, branches, sidings, and extensions as said company may deem it to their interest to construct along and upon the right of way and depot grounds herein provided for. SEO. 2. That said corporation is authorized to take and use for all pur- Bight of way. ` poses of a railway, and for no other purpose, a right of way one hundred Dimension. feet in width through said Indian Territory, and to take and use a strip Stations. 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 road, with the right to use such additional ground where there are heavy cuts or iills as may be necessary for the construction and maintenance of tho _ road-bed, 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 out or till: ‘ Provided, That no more than said addition of land shall be taken for any Pfvvirvone station: Providtd further, That no part of the lands herein author- Lads ¤¤¢ tv \»• ized to be taken shall be leased or sold by the company, and they shall ]°'“°d °' °°ldnot be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph, and telephone lines- and when any portiouthereof shall cease to be so 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 D¤¤¤¤s¢¤· lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes through which it may be ~ constructed, 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 settlement with any APP”'°°m°°*·- occupant, such compensation shall be determined by the appraisement _ _ of three disinterested referees, to be appointed one (who shall act as ;.*PP°*°*’P°°* °£ chairman) by the President, one by the chief of the nation to which said '° °"°°‘ occupant belongs, and one by said railroad 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 appoint- Substitutions on ment within thirty days after the appointment made by the President, *`*“""° *° *PP°'”*· the vacancy shall be illled by the district judge of the court held at Wichita, Kansas, or the district court for the northern district of Texas, upon the application of the other party. The chairman of said ‘ board shall appoint the time and place for all hearings, within the nation to which such occupant belongs. Each of said referees shall re- C°mP°¤¤¤*i°¤— ceive 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 shall receive the usual Fees cfwhnesses.