Territory, and for other purposes," enacted March twenty-fifth, eighteen hundred and ninety-six, and in force April fifth, eighteen hundred and ninety-six, be, and the same is hereby, amended so as to read as follows: "SEC 8. That said railway company shall build at least one hundred miles of its railway within five years after the passage of this Act or the rights herein granted shall be forfeited as to that portion not built. That said railway company shall construct and maintain continually all fences, roads, and highway crossings, and necessary bridges over said railway wherever said roads or highways do now or may hereafter cross said railway's right of way, or may be, by the proper authorities, laid out across the same." Approved, March 2, 1899. CHAP. 374.-An act to provide for the acquiring of rights of way by railroad companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes. Mar. 2, 1899. 30 Stat., 990. -by railway, Indian reserva Be it enacted by the Senate and House of Representa- Rights of way. tives of the United States of America in Congress as- etc.. through sembled, That a right of way for a railway, telegraph tion, etc. and telephone line through any Indian reservation in any State or Territory, or through any lands held by an Indian tribe or nation in Indian Territory, or through any lands reserved for an Indian agency or for other purposes in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, is hereby granted to any railroad company organized under the laws of the United States, or of any State or Territory, which shall comply with the provisions of this Act and such rules and regulations as may be prescribed thereunder: grant of, if made in good faith, etc. Provided, That no right of way shall be granted under this Act until the Secretary of the Interior is satisfied that the company applying has made said application in good faith and with intent and ability to construct said road, and in case objection to the granting of such right-hearing. of way shall be made, said Secretary shall afford the parties so objecting a full opportunity to be heard: Provided further, That where a railroad has hereto- Parallel rights of way forbidfore been constructed, or is in actual course of construc- den tion, no parallel right of way within ten miles on either-except. side shall be granted by the Secretary of the Interior unless, in his opinion, public interest will be promoted thereby. SEC. 2. That such right of way shall not exceed fifty Width. feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may include ground adjacent thereto for sta- Stations. Rights here tofore granted tion buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed one hundred feet in width by a length of two thousand feet, and not more than one station to be located within any one continuous length of ten miles of road: Provided, That this section shall apply to all rights of In Indian Ter way heretofore granted to railroads in the Indian Territory where no provisions defining the width of the rights of way are set out in the Act granting the same. ritory. Survey of route. -map filed. to Compensation way. ment. SEC. 3. That the line of route of said road may be surveyed and located through and across any of said lands at any time, upon permission therefor being obtained from the Secretary of the Interior; but before the grant of such right of way shall become effective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the Interior, and the company must make payment to the Secretary of the Interior for the benefit of the tribe or nation, of for right of full compensation for such right of way, including all damage to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner as -damages, etc. he may prescribe. Before any such railroad shall be constructed through any land, claim. or improvement, held by individual occupants or allottees in pursuance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the conBoard to struction of such railroad. In case of failure to make make appraiseamicable settlement with any such occupant or allottee, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed by the Secretary of the Interior, who, before entering upon the duties of their appointment, shall take and subscribe before competent authority 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 the Secretary of the Interior. If the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right within sixty days after the making of the award and notice of the same, to appeal, in case the land in question. is in the Indian Territory, by original petition to the United States court in the Indian Territory sitting at the place nearest and most convenient to the property sought to be condemned; and if said land is situated in any State or Territory other than the Indian Territory, then United States Ito the United States district court for such State or Terriory, where the case shall be tried de novo and the judgment for damages rendered by the court shall be final and conclusive. -oath. -disagree ment. -appeal from decision. court to hear appeal. -deposit of award. When proceedings are commenced in court as aforesaid, the railroad company shall deposit the amount of com tion of referees. the award made by the referees with the court to abide -construction the judgment thereof, and then have the right to enter may be upon the property sought to be condemned and pro- menced. ceed with the construction of the railway. Each of the Compensareferees shall receive for his compensation the sum of four dollars per day while engaged in the hearing of any case submitted to them under this Act. Witnesses shall receive the fees usually allowed by courts within the district where such land is located. Costs, including compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad company. Fees and costs. Failure to construct. SEC. 4. That if any such company shall fail to construct and put in operation one-tenth of its entire line in one year, or to complete its road within three years after the approval of its map of location by the Secretary of the Interior, the right of way hereby granted operates as shall be deemed forfeited and abandoned ipso facto as to that portion of the road not then constructed and in operation: forfeiture. time to com Provided, That the Secretary may, when he deems, Extension of proper, extend, for a period not exceeding two years, the plete. time for the completion of any road for which right of way has been granted and a part of which shall have been built. Railroad But see post, SEC. 5. That where a raiiroad is constructed under the through Indian provisions of this Act through the Indian Territory Territory. there shall be paid by the railroad company to the Sec- p. 114. retary of the Interior, for the benefit of the particular nation or tribe through whose lands the road may be located, such an annual charge as may be prescribed by annual the Secretary of the Interior, not less than fifteen dollars for each mile of road, the same to be paid so long as said land shall be owned and occupied by such nation or tribe, which payment shall be in addition to the compensation otherwise required herein. charge. and freight And within the Indian Territory upon any railroad passenger constructed under the provisions of this Act the rates and rates to be precharges for passenger and freight service, if not other- scribed. wise prescribed by law, may be prescribed by the Secretary of the Interior from time to time, and the grants herein are made upon condition that the companies shall transportatransport mails whenever required to do so by the PostOffice Department. tion of mails. rights on pub SEC. 6. That the provisions of section two of the Act of Railroad March third, eighteen hundred and seventy-five, entitled lie lands. "An Act granting to railroads the right of way through c. 152, s. 2, 18 1875, Mar. 3, the public lands of the United States," are hereby ex- Stat., 482. tended and made applicable to rights of way granted under this Act and to railroad companies obtaining such rights of way. SEC. 7. That the Secretary of the Interior shall make Regulations. all needful rules and regulations, not inconsistent here Repeal. with, for the proper execution and carrying into effect of all the provisions of this Act. SEC. 8. That Congress hereby reserves the right at any time to alter, amend, or repeal this Act, or any portion thereof. Approved, March 2, 1899. Mar. 3, 1899. CHAP. 424.-An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30 Stat. L., 1074. thirtieth, nineteen hundred, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemAppropria- bled, That the following sums be, and the same are dry civil ex hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred, namely: tions for sun penses. tion ans. thorized of out Choctaw Na- The Secretary of the Treasury is hereby authorized and of Indi- directed to pay, from the funds in the Treasury belongPayment au ing to the Choctaw Nation of Indians, outstanding warstanding warrants not exceeding in amount the sum of seventy-five Proviso. thousand dollars: Provided, That before any of said warInvestigation. rants are paid the Secretary of the Interior shall cause rants. an investigation to be made to ascertain whether such warrants have been duly and legally issued, and are valid and subsisting obligation of said nation; and payment of same shall be made by some official or employee desig nated for that purpose by the Secretary of the Interior. Mar. 3, 1899. CHAP. 427.-An act making appropriations to supply deficiencies 30 Stat., 1214. in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for prior years, and for other purposes. appropriations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemDeficiencies bled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year eighteen hundred and ninety-nine, and for prior years, and for other objects hereinafter stated, namely: tory, protect expenses. INDIAN AFFAIRS. Indian Terri- For expenses under the "Act for the protection of the ing people, etc., people of the Indian Territory, and for other purposes,' 30 Stat., 1233. approved June twenty-eighth, eighteen hundred and ninety-eight, for the balance of the fiscal year eighteen hundred and ninety-nine, namely: For pay of employees in the Indian Territory, four thousand dollars; For salaries and expenses of townsite commissioners, to continue available until expended, thirty thousand dollars: For locating the ninety-eighth meridian, under the supervision of the Director of the Geological Survey, six thousand three hundred dollars; To begin allotments, thirty thousand dollars; In all, seventy-one thousand eight hundred dollars, Cherokee In of That the sum of twenty-nine thousand eight hundred Western and fifty dollars and seventy-four cents, being the inter- dians. est at five per centum per annum from June sixth, eight-interest on een hundred and ninety-three, to March twenty-eighth, award. eighteen hundred and ninety-six, due the Western Cherokee Indians under the award of the United States Senate of September fifth, eighteen hundred and fifty, on the principal sum of two hundred and twelve thousand three hundred and seventy-six dollars and ninety-four cents found to be due them under the decision of the Supreme Court of June sixth, eighteen hundred and ninety-three, is hereby appropriated, to be paid to the authorized agent of the council of the Western Cherokee Indians. The accounting officers of the Treasury are hereby authorized to allow office rent to the Commission to the Five Civilized Tribes while remaining at the seat of Government, under orders and direction of the Secretary of the Interior, during the fiscal year eighteen hundred and ninety-eight, not to exceed one hundred dollars and ninety-seven cents. to Commission lized Tribes. CHAP. 453. An act to authorize the Fort Smith and Western Rail- Mar. 3, 1899 road Company to construct and operate a railway through the 30 Stat., 1368. Choctaw and Creek nations, in the Indian Territory, and for other purposes. Fort Smith & right of way Nations, Indian Be it enacted by the Senate and House of Representa- Western R. R. tives of the United States of America in Congress assem- Co. granted bled, That the Fort Smith and Western Railroad Com- through Chocpany, a corporation created under and by virtue of the taw and Creek laws of the State of Arkansas, be, and the same is hereby, Territory. invested and empowered with the right of locating, constructing, owning, equipping, operating, using, and maintaining a railway and telegraph and telephone line through the Choctaw and Creek nations, in the Indian Territory, beginning at a point to be selected by said company on the western boundary line of the State of Arkansas at or near the city of Fort Smith, in Sebastian County, in said State, and running thence by the most feasible and practicable route in and through that part of the Indian Territory known as the Choctaw Nation Location. |