Page:United States Statutes at Large Volume 26.djvu/687

FIFTY-FIRST CONGRESS. Sess. 1. ou. 1248. 1890. 633 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 Right or way. purposes of a railway, and for no other purpose, a right of way one hundred feet in width through said Territory, and to take and use a strip of land two hundred feet in width with a length of three thou- Widwsan feet, in addition to right of way, for stations, for every ten seasons. miles of the road, with the right to use additional ground where there are heavy cuts or fills as may be necessary for the construction Heevv cm ¤¤‘ misand maintenance of the road-bed, not exceeding one hundred feet in width on each side of said right of way, or as much thereof as macy be included in said cut or fill: Provided, That no more than amos. sai addition of land shall be taken for any one station: And pro- Limit sm- mmm. mded further, That no part of the lands herein authorized to be Nott,obeso1d,etc. taken shall be leased or sold by the company; and they shall not be used except in such manner and for suc 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 Damages lands held by individual occu ants, according to the laws, customs, and usages of any tribe of the Indian nations or tribes through which it may be mustmcted, full and complete com ensation shall be made · to such occupant for all propert to be taken or damage done by reason of the construction of said railway. In case of failure to Appmisemenr. make amicable settlement with any occupant, such compensation shall be determined by the a pointment o three disinterested ref- R¤f¤¤‘¤¢¤- erees, to be a pointed, one (who shall act as chairman) by the President of the United States, one b the chief of the nation to which such occupant belongs, and one hy 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 faithful] and impartially discharge the duties of their appointment, which oaths uly certihed 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 shal be competent to act in case of the absence of a member, after due notice; and upon the failure of either suusmumu on my- party to make such appointment within thirty days after the ap- “"°‘° “*’p°”*"’· pointment made b thedhesident, the vacancy sha] be filled by the supreme court of the Territory of Oklahoma. Upon the application of the other part , the chairman of said board shall appoint the time and place for all hearings within the nation to which said occupant H•*¤¤‘*¤¤¤- belongs. Each of said referees shall receive for his services the sum €<>¤¤r>¢¤¤¤¤¤¤· of four dollars per day for each day they are engaged in the trial of any case submitted to them under this act, with mi cage at five cents per mile. Witnessesx shall receive the usual fees a owed by the “'**¤°**”¤' *¤°¤· court of said nation ; costs, including compensation of the referees, C<>**¤· shall be made a part of the award and be paid by said railway company. In case the referees can not agree, then any two of them pmgmemm. are authorized to make the award; either party being dissatisfied with the finding of the referees shall have the right, within ninety days after making the award and notice of the same, to appeal by Appear original petition to the supreme court of the Territory of Oklahoma, which court shall have jurisdiction to hear and determine the subject-matter of said petition according to the laws of the State of Texas iroviding for determining the damage when property is taken for railroad purposes. If upon the hearing of said appeal the judgment of the court shall be for a larger sum than the award of the referees, the costs of said appeal shall be adjudged against the rail- Cm <>¤ appealway company. If the judgment of the court shall be for the same