Page:United States Statutes at Large Volume 33 Part 1.djvu/659

FIFTY-EIGHTH CONGRESS. Sess. II. CHS. 1821, 1822. 1904. 571 Secretary of War, clear title to such land as in his judgment may be required for constructions and approaches to said dam for transferripg boats and freight around the same, and shall grant to the U°°°‘"“°°"P°"°"· [ini States a free use of water power for operating such construc- - tion work; and to insure compliance with these conditions the said BOM- com(pany Shall execute and deliver to the Secretar of War a ro r bon , in such amount as may be fixed b_y him: And, provided fgrtfei, That the said compan shall be liable for any damage to private prop- D¤¤¤¥¤S- erty resulting from the construction and o ration of said dam and appurtenant works, either by overiiow or othbrwise, and proceedings P'°°°°*“'*¤'· to recover compensation for such damage may be instituted either in the State or Federal courts. _ Sec. 2. That this Act shall be null and void unless the structures m';m° °‘ °°”“'“°‘ herein authorized shall be commenced within one year and completed ` within three years from the date of approval hereof. Sec. 3. That the right to alter, amend, or repeal this Act is hereby ’““°“"“‘°“** expressly reserved. Approved, April 28, 1904. CHAP. 1822.-—An Act Authonz1' "ng the ment of the Choctaw and Chickasaw A Fil 28· 1904- town-site fund, and for other purposes. pay [lg R' wm"] [Public, No. 254.] Be it enacted by the Senate andH'ouse of Rr]£·esentatives of the United I dm T mm Stateew¢g"Ame¢·£ea a?ra$‘t%r»gre·sa assembled, t the mone now accu— riiéuenmdwwlysm mnla and which may be hereafter accumulated in the Uynited States ‘Q§,,,h‘;‘§,h°I‘;f,‘,‘jn{_““ Treasury to the credit of the Choctaw and Chickasaw nations, derived from the sale.of town lots in the said Choctaw and Chickasaw nations, shall be paid to the members of the Choctaw and Chickasaw tribes (freedmen excepted) in the manner following: That, beginning the }',§{°¥'{$'}"· iirst day of May, nineteen hundred and four, or as soon as practicable thereafter, the said town-site money so accumulated shall be divided and paid to the Choctaws and Chickasaws (freedmen excepted), each member to receive an equal portion thereof. Sec. 2. That no person claiming to be a member of the Choctaw or Chickasaw tribes shall be paid any portion of this fund until he or ' she has been enrolled as such men1ber and the enrollment has been _ approved bv the Secretary of the Interior: Prmrided, That there shall {Q'§g$,‘?éd fwd, g,,, be reserved from payment of the town-site fund an amount equal P°“dl”8 °‘¤*¤¤=*· to the sum of the pro rata shares of all persons claiming to be mem— bers of the Choctaw or Chickasaw tribes entitled to share in this fund, whose claims are pendin at the time said fund is divided for ipa ment; and the mone reserved shall be paid to such persons, i they be finally enrolled, and their enrollment approved, in the same manner as other payments of town-site fund are made hereunder. That if the mug “*““°‘l fund t us reserved, or any part of it, should not become pgyable by ` reason of the failure of the persons claiming citizenship to enrolled or of their enrollment to be approved as herein provided, said reserved funds shall go back to the eneral town-site fund to be divided and paid to the members of saiel tribes of approved enrollment as other town·site funds. Sec. 3. That if any person whose name appears upon the rolls as d§’,§‘§'§.‘§,§§g?§'Q,‘l‘f,‘§,f,§$ herein rovided shall have died subsequent to the twenty-fifth day of September, nineteen hundred and two, and before receiving his pro rata share of the accumulated town—site fund, the money to w ich such person would have been entitled if living shall be pai in his name to is legal rephresentative. Sec. 4. at following the payment to be made beginning the first m§;¤é>*°¤¤¢¤* W- day of Ma , nineteen hundred and four, as provided in this Act, pay- ' ments shall be made each year thereafter in like manner to the mem-