Page:United States Statutes at Large Volume 26.djvu/900

FIFTY-FIRST CONGRESS. Sess. II. Ch. 535. 1891. 847 so long as said Territory is owned and occupied bv the Indians, to the Secretary of the Interior the sum of fifteen dollars per annum mm mm. for each mile of railway it shall construct in the said Territory. The money paid to the Secretary of the Interior under the provisions of this act shall be apportioned by him, in accordance with the laws and treaties now in force, among the different nations and tribes, according_to the number of miles of railway that may be constructed by said railway company through their lands : Provided, That Con- ranum. . gress shall have the right, so long as said lands are occupied and possessed by said nations and tribes,to impose such additional taxes upon said railroad as it may deem gust and proper for their beneiit ; and any Territory or State herea ter formed throu h which said railway shall have been established may exercise thedike wer as to such part of said railwayl as may lie within its limits. Sdid railway company shall have the right to survey and locate its railway immediatelylafter the passage of this act. Sec. 6. at said company shall cause maps showing the route of Mapstebeliled. its located lines through said Territory to be filed in the office of the . Secretary of the Interior, and also to be filed in the office of the principal chief of each of the nations or tribes through whose lands said railway may be located; and after the filing of said maps no claim for a subsequent settlement and improvement upon the right of wa shown by said maps shall be valid as against said company: Provided; Provbo. That when a map showing any portion of said railway com any’s Grndlngtobegln on located line is filed as herein provided for, said company shall com· mg "“"'· mence said located line within six months thereafter or such location shal be void; and said location shall be approved by the Secretary of the Interior in sections of twenty-five milbs before con- - stmction of any such section shall be begun. · Sec. 7. That the officers, servants, and employees of said companyé msglleywsmmus necemary to the construction and management of said road, shall °“ ‘°’ "°’· allowed to reside, while so engaged, upon such right of waéy, but subject to the provisions of the ndian intercourse laws an such rules and regulations as may be established by the Secretary of the Interior in accordance with said intercourse laws. Sec. 8. That the United States circuit and district courts for the ummm western district of Arkansas and such other courts as may be authorized by Congress, shall have, without reference to the amount in controvers , concurrent 'urisdiction over all controversies arising between Nort Gibson, Tahlequah and Great Northeastern Rai way Company and the nations and tribes through whose territory sai railway shall be constructed. Said courts shall have like jurisdiction, without reference to the amount in controversy, over all controversies arising between the inhabitants of said nations or tribes and said railwa company; and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Territory, without distinction as to citizenship of the parties, so far as may be necessary to carry out the provisions of this act. SBC, 9. That said rai way company shall build at least fifty miles conimpussmsmma of its railway in said Territory within three years after the passage °°"" °°'°“‘ of this act, or the rights herein granted shall be forfeited as to that portion not built; t at said rai road company shall construct and maintain continually all road and highway crossings and necessary crossings. bridges over said railway wherever said roads and highways do now or may hereafter cross said railwafs right of way, or may be by the proper authorities laid out across the same. Sino. 10. That the said Fort Gibson, Tahlequah and Great North- common ozmspe. eastern Railway Company shall accept this right of way upon the °"°°· express condition, binding upon itse f, its successors and assigns, that they will neither aid, advise, or assist in any eifort looking towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian