Joel M. Bryan. Vol. 27, p. 630. Interest trust funds. on claim of said nation against the United States and in other business, and to render such judgment or decree in said suit, upon the merits thereof, as the facts will warrant, and as shall be just and equitable, with right of appeal to the Supreme Court of the United States from said judgment or decree to either party to said suit. That the Secretary of the Interior is hereby authorized and directed to pay to Joel M. Bryan, for services rendered the North Carolina Cherokees residing in the Cherokee Nation west, in accordance with the proceedings of a council of said North Carolina Cherokees held at Tahlequah, in the Indian Territory, March twelfth, eighteen hundred and ninety-two, now on file with the accounting officers of the Treasury Department, the sum of three thousand dollars, out of any unexpended balance of the amount appropriated by the act of March third, eighteen hundred and ninety-three, for the removal and subsistence of those members of the Eastern Band of Cherokees who have removed themselves, as well as those who may now or hereafter desire to remove themselves, to the Cherokee Nation in the Indian Territory. For payment of interest on certain abstracted and nonpaying State stocks belonging to the various Indian tribes, and held in trust by the Secretary of the Interior, for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, namely: From July first, eighteen hundred and ninety-four, to August fifteenth, eighteen hundred and ninety-four, both inclusive, nine thousand eight hundred and seventy dollars and forty-two cents. To provide for the expenses of the five commissioners Cherokees. appointed to take a census of the Old Settler Cherokees, take two thousand dollars, in addition to the sum of five thousand dollars appropriated for such purpose by act of Congress approved August fifteenth, eighteen hundred and ninety-four, the same to be deducted from the amount awarded to said Indians by judgment of the Court of Claims, dated June sixth, eighteen hundred and ninety-three, and reimbursed to the United States. Old Settlers Commission ers to census. Mar. 2, 1895. 28 Stat., 910. CHAP. 189.-An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-six, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, eighteen hundred and ninety-six, namely: For continuing the work of the Commission appointed [28 Stat., 939.] • under section sixteen of the act entitled "An act making appropriations for current and contingent expenses and fulfilling treaty stipulations with Indian tribes for fiscal year ending June thirtieth, eighteen hundred and ninetyfour," approved March third, eighteen hundred and ninety-three, including the unexpended balance of the present appropriation, thirty thousand dollars, to be immediately available; and the President is hereby authorized to appoint two additional members of said Commission, who shall receive the compensation and expenses provided in said act for members of said Commission: Provided, That so much of said act as authorizes the employment of a stenographer and a surveyor, or other assistant or agent, is hereby repealed. CHAP. 14.-An act to extend the jurisdiction of the United States circuit court of appeals, eighth circuit, over certain suits now pending therein on appeal and writ of error from the United States court in the Indian Territory. Feb. 8, 1896. 29 Stat., 6. Eighth judi- cial circuit. retain jurisdic tion of certain pending cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the jurisdiction of the United States of appeals to circuit court of appeals for the eighth judicial circuit be, and is hereby, extended to all suits at law or equity now pending therein upon writ of error to or appeal from the United States court in the Indian Terri- 1891, Mar. 3, tory in all cases wherein such writ of error or appeal. 58.13. would have vested jurisdiction in said circuit court of c. 145, s. 9, 11. appeals but for the Act of Congress approved March 693. first, eighteen hundred and ninety-five, entitled "An Act to provide for the appointment of additional judges of the United States court in the Indian Territory, and for other purposes." Approved, February 8, 1896. 1895, Mar. 1, Vol. 28, p. Feb. 13, 1896. 29 Stat., 6. CHAP. 19.-An act to amend an act entitled "An act to authorize the Kansas City, Pittsburg and Gulf Railroad Company to construct and operate a railroad, telegraph, and telephone line through the Indian Territory, and for other purposes," approved February twenty-seventh, eighteen hundred and ninety-three. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of an Act entitled "An Right of way, Act to authorize the Kansas City, Pittsburg and Gulf Pittsburg & Railroad Company to construct and operate a railroad, Gulf R. R. Co., telegraph, and telephone line through the Indian Terri- Territory. tory, and for other purposes," approved February twentyseventh, eighteen hundred and ninety-three, be, and the Vol. 27, p. same is hereby, amended by inserting immediately after 487. the word "Texas" in said section the following words, to Kansas City, through Indian 1893, ch. 169. and bridges authorized. Branch roads wit: "With the right to locate, construct, operate, and maintain a branch railroad, telegraph, and telephone line from some point on the main line of said railroad in the Indian Territory, south of the Arkansas River and north of the town of Poteau, by the most feasible and practicable route, to the city of Fort Smith, in the State of Arkansas, and with the right to build in the line of said branch railroad a bridge across the Poteau River, whose plan of construction shall be first approved by the Secretary of War," and with the right to locate, construct, maintain, and operate a spur of its railroad from a point on said branch about four miles northeast of Scullyville, by the most practicable route to a point on the western line of the State of Arkansas about ten miles south of Fort Smith; and with the right to build in the line of said spur a bridge over the Poteau River, whose plan of construction shall first be approved by the Secretary of War, so that said first section when so amended shall read as follows: "That the Kansas City, Pittsburg and Gulf Railroad Company, a corporation created under and by virtue of the laws of the State of Missouri, be, and the same is hereby, invested and empowered with the right of locating, constructing, operating, using, and maintaining a railroad, telegraph, and telephone line through the Indian Territory, beginning at a point on the south line of Cherokee County near the town of Galena, in the State of Kansas, and running thence in a southerly direction through the Indian Territory, or through the State of Arkansas and the Indian Territory, by the most feasible and practicable route, to a point on the Red River near the town of Clarksville, in the State of Texas, with the right to locate, construct, operate, and maintain a branch railroad, telegraph, and telephone line from some point on the main line of said railroad in the Indian Territory, south of the Arkansas River and north of the town of Poteau, by the most feasible and practicable route, to the city of Fort Smith, in the State of Arkansas, and with the right to build in the line of said branch railroad a bridge across the Poteau River, whose plan of construction shall be first approved by the Secretary of War, and with the right to locate, construct, maintain, and operate a spur of its railroad from a point on said branch about four miles northeast of Scullyville, by the most practicable route to a point on the western line of the State of Arkansas about ten miles south of Fort Smith; and with the right to build in the line of said spur a bridge over the Poteau River, whose plan of construction shall first be approved by the Secretary of War, and with the right to construct, use, and maintain such tracks, turnouts, sidings, and extensions as said company may deem its interest to construct along and upon the right of way and depot grounds herein provided for." Approved, February 13, 1896. CHAP. 30.-An act to authorize the Arkansas and Choctaw Railway Company to construct and operate a railway through the Choctaw Nation, in the Indian Territory, and for other purposes. Feb. 24, 1896. 29 Stat., 13. Indian Terri Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Arkansas and Choctaw Railway Company, Arkansas & a corporation created under and by virtue of the laws of Choctaw Ry Co. granted the State of Arkansas, be, and the same is hereby, in- right of way. vested and empowered with the right of locating, con- tory. structing, owning, equipping, operating, using, and maintaining a railway and telegraph and telephone line through the Choctaw Nation, in the Indian Territory, beginning at the point on the boundary line between the Location. said Choctaw Nation and the county of Little River, in the State of Arkansas, where the said railway may run, when constructed in the State of Arkansas, thence running, by the most feasible and practicable route, in a north westerly direction through the said Choctaw Nation, to such point at or near the town of Atoka, in said nation, as said corporation may select, with the right to construct, use, and maintain such tracts, turn-outs, and sidings as said company may deem it to their interest to construct along and upon the right of way and depot grounds herein provided for. Width. SEC. 2. That said corporation is authorized to take and use for all purposes of a railway and telegraph and telephone line, and for no other purpose, a right of way one hundred feet in width through the said Choctaw Nation, for the said Arkansas and Choctaw Railway Company, the same to be fifty feet on either side of the track of said railway from the center thereof, and, in addition to the above right of way, to take and use a strip of land one hundred feet in width, with a length of two thousand feet, for stations at such points as the said railway Stations, etc. company may deem to their interest to erect, with the right to use such additional grounds, where there are heavy cuts or fills, as may be necessary for the construction and maintenance of the roadbed and track, not exceeding fifty feet in width on each side of the said right of way, or as much thereof as may be included in said cut or fill: Provided, That no more than said addition of land shall be taken for any one station: Provided fur- Reversion, ther, That no part of the lands herein authorized to be etc. taken shall be leased or sold by the company, and they shall not 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 portion thereof shall cease to be so used, such portion shall revert to the Choctaw Nation. Provisos. Limit. SEC. 3. That before said railway and telegraph and Damages. telephone line shall be constructed through any lands held by individual occupants, according to the laws, etc. Referees. Oath. usages, and custom of the Choctaw Nation, 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 and telegraph and telephone line. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the Appraisal. appraisement of disinterested referees, to be appointed, one (who shall act as chairman) by the President, one by the principal chief of the Choctaw Nation, and one by said railway company, who, before entering upon the duties of their appointment, shall take and subscribe, before a judge or clerk of a United States court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment, which cath, 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 upon the failure of either party to make such appointment within thirty days after the appointment made by Vacancies, the President, the vacancy shall be filled by the judge of the United States court for the central district of the Indian Territory upon the application of the other party. A majority of said referees shall be competent to act in case of the absence of a member, after due notice. The chairman of such board shall appoint the time and place for all hearings: Provided, That the hearings shall be within the county where the property is situated for which compensation is being assessed for the taking thereof or damage thereto, and at a place as convenient as may be for said occupant, unless said occupant and said railway company agree to have the hearing at anCompensa- other place. Each of said referees shall receive for his services the sum of four dollars per day for each day he is engaged in assessing compensation, with mileage of five cents per mile for each mile necessarily traveled in the discharge of his duties. Said board of referees shall have power to call for and examine witnesses under oath, and said witnesses shall receive the usual fees allowed witnesses by the laws of the Choctaw Nation. Costs, including compensation of the referees, shall be made a part of the award and be paid by the said railway company. In case the referees can not agree, then any two of them are authorized to make the award. Proviso. tion, etc. Costs, etc. Appeal to district court. SEC. 4. That either party being dissatisfied with the findings and award of the referees shall have the right, within sixty days after the filing of the award, as hereinbefore provided, and notice of the same, to appeal by original petition to the United States district court for the central district of the Indian Territory sitting at the place nearest and most convenient to the land and property which is sought to be condemned; and said suit shall then proceed for determining the damage done to the property in the same and like manner as other civil acDeterminations in the said court. The said court shall have juris tion. |