Vol. 7, p. For permanent annuity for support of light-horse men, per thirteenth article of treaty of October eighteenth, Vol. 11, eighteen hundred and twenty, and thirteenth article of 614. treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars; 212. For permanent annuity, for support of blacksmith, per Vol. sixth article of treaty of October eighteenth, eighteen vol. hundred and twenty, ninth article of treaty of January 230Vol. twentieth, eighteen hundred and twenty-five, and thir- 614. teenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars; For permanent annuity for education, per second and thirteenth articles of last two treaties named above, six thousand dollars. p. Vol. 7, p. 614. For permanent annuity for iron and steel, per ninth 236. article of treaty of January twentieth, eighteen hundred Vol. 11, p. and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three hundred and twenty dollars; Interest. 236. For interest on three hundred and ninety thousand two hundred and fifty-seven dollars and ninety-two cents, Vol. 11, p. at five per centum per annum, for education, support of 614. the government, and other beneficial purposes, under the direction of the general council of the Choctaws, in conformity with the provisions contained in the ninth and thirteenth articles of treaty of January twentieth, eighteen hundred and twenty-five, and treaty of June twentysecond, eighteen hundred and fifty-five, nineteen thousand five hundred and twelve dollars and eighty-nine cents; in all, thirty thousand and thirty-two dollars and eighty-nine cents. * * CREEKS. * Creeks. Permanent annuities. Vol. 11, p. For permanent annuity, in money, per fourth article of treaty of August seventh, seventeen hundred and Vol. 7, p. 36. ninety, and fifth article of treaty of August seventh, eighteen hundred and fifty-six, one thousand five hundred dollars; 700. Vol. 7, p. 69. 700. For permanent annuity, in money, per second article Vol. 7, of treaty of June sixteenth, eighteen hundred and two, and fifth article of treaty of August seventh, eighteen hundred and fifty-six, three thousand dollars. For permanent annuity, in money, per fourth article Vol. 7, p. 287. of treaty of January twenty-fourth, eighteen hundred 700. and twenty-six, and fifth article of treaty of August seventh, eighteen hundred and fifty-six, twenty thousand dollars: For permanent annuity, for blacksmith and assistant, and for shop and tools, per eighth article of treaty of January twenty-fourth, eighteen hundred and twentysix, and fifth article of treaty of August seventh, eighteen hundred and fifty-six, eight hundred and forty dollars; 26831-16- 6 Vol. 11, p. Interest. Vol. 11, p. 701. 787. For permanent annuity, for iron and steel for shop, per same articles and treaties, two hundred and seventy dollars; For permanent annuity, for pay of a wheelwright, per same articles of same treaties, six hundred dollars; For five per centum interest on two hundred thousand dollars, for purposes of education, per sixth article of treaty of August seventh, eighteen hundred and fifty-six, ten thousand dollars; Vol. 14, p. For interest on two hundred and seventy-five thousand one hundred and sixty-eight dollars, at the rate of five per centum per annum, to be expended under the direction of the Secretary of the Interior, under provisions of third article of treaty of June fourteenth, eighteen hundred and sixty-six, thirteen thousand seven hundred and fifty-eight dollars and forty cents; in all, forty-nine thousand nine hundred and sixty-eight dollars and forty cents. Seminoles. Cherokee Commission. SEMINOLES. For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity, per eighth article of treaty of August seventh, eighteen hundred and fiftysix, twelve thousand five hundred dollars; For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity (they having joined their brethren west), per eighth article of treaty of August seventh, eighteen hundred and fifty-six, twelve thousand five hundred dollars; For interest on fifty thousand dollars, at the rate of five per centum per annum, to be paid annually, for the support of schools, as per third article of treaty of March twenty-first, eighteen hundred and sixty-six, two thousand five hundred dollars; For interest on twenty thousand dollars, at the rate of five per centum per annum, to be paid annually, for the support of the Seminole government, as per same article of same treaty, one thousand dollars; in all, twenty-eight thousand five hundred dollars. To enable the Secretary of the Interior to continue the Vol. 25, p. Cherokee Commission, provided for by act approved March second, eighteen hundred and eighty-nine, fifteen thousand dollars; this amount to be immediately available. 1005. Interest, trust fund stocks. INTEREST ON TRUST-FUND STOCKS. SEC. 2. That 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 year ending June thirtieth, eighteen hundred and ninety-two, namely: tional fund. For trust-fund interest due Cherokee national fund,,,Cherokee natwenty-five thousand six hundred and forty dollars; For trust-fund interest due Cherokee school fund, one thousand six hundred and thirty dollars; For trust-fund interest due Chickasaw national fund, nineteen thousand eight hundred and twenty dollars; For trust-fund interest due Choctaw general fund, twenty-seven thousand dollars; Cherokee school fund. Chickasaw national fund. Choctaw gen eral fund. CHAP. 329.--An act to authorize the Denison and Northern Railway Company to construct and operate a railway through the Indian Territory, and for other purposes. July 30, 1892. 27 Stat., 336. Northern Ry. Territory. Location. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Denison and Northern Railway Com- Denison & pany, a corporation created under and by virtue of the co. may conlaws of the State of Texas, be, and the same is hereby, etc., line invested and empowered with the right of locating, con- through Indian structing, owning, equipping, operating, using, and maintaining a railway and telegraph and telephone line through the Indian Territory, beginning at a point to be selected by said railway company on Red River, near Denison, in Grayson County, in the State of Texas, and running thence by the most practicable route through the Indian Territory in a northerly direction to the southern boundary of the State of Kansas, at or near Coffeeville, in said State, with the right to construct and operate a branch line of railway, beginning at a point Branch line. about twenty miles north of Red River, on the main line; thence in a northwesterly direction to a point on the western line of the Indian Territory, at or near where it is crossed by the Canadian River, with the right to construct, use, and maintain such tracks, turn-outs, branches, sidings, and extensions as said company may deem it to their interest to construct. Addition for stations, etc. SEC. 2. That said corporation is authorized to take and Right of way. use for all purposes of a railway, and for no other purpose, a right of way one hundred feet in width through said Indian Territory, and to take and use a strip of land two hundred feet in width, with a length of three thousand feet, in addition to right of way, for stations, for every ten miles of road, with the right to use such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of the roadbed, not exceeding one hundred feet in width on each side of 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 further, That no part of the lands herein authorized to be taken shall be sold by Provisos. Limit. Lands not to be sold, etc. Damages. Referees. Substitution appoint. 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 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 lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed, 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. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed one (who shall act as chairman) by the President, one by the chief of the nation to which said occupant belongs, and one by said railway company, who, before entering upon the duties of their appointment, shall take and subscribe, before a district judge, clerk of a district court, or United States commissioner, 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 and filed with the Secretary of the Interior, within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member, after due notice. And upon the on failure to failure of either party to make such appointment within thirty days after the appointment made by the President, the vacancy shall be filled by the district judge of any United States court in the Indian Territory, upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings within the nation to which such occupant belongs. Each of said referees shall receive for his services the sum of four dollars per day for each day they are engaged in the trial of any case submitted to them under this act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the courts of said nations. Costs, including compensation of the referees, shall be made a part of the award, and be paid by such railway company. In case 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 ninety days after the making of the award and notice of the same, to appeal by original petition to any district court in the Indian Territory, which court shall have jurisdiction to hear and determine the subjectmatter of said petition. If, upon the hearing of said appeal, the judgment of the court shall be for a larger Costs on ap- sum than the award of the referees, the cost of said appeal shall be adjudged against the railway company. Hearings. Compensa tion. Costs. Appeal. peal. If the judgment of the court shall be for the same sum as the award of the referees, then the costs shall be adjudged against the appellant. If the judgment of the court shall be for a smaller sum than the award of the referees, then the costs shall be adjudged against the party claiming damages. When proceedings have been Work may becommenced in court, the railway company shall pay g gin on deposit. double the amount of the award into court to abide the award. judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. double Freight charges. Provisos. rates. Regulation. SEC. 4. That said railway company shall not charge the inhabitants of said Territory a greater rate of freight than the rate authorized by the laws of the State of Texas for services or transportation of the same kind: Provided, That passenger rates on said railway shall not exceed three cents per mile. Congress hereby reserves the right to regulate the charges for freight and passengers on said railway, and messages on said telegraph and telephone lines, until a State government or governments shall exist in said Territory within the limits of which said railway, or a part thereof, shall be located; and then such State government or governments shall be authorized to fix and regulate the cost of transportation of persons and freights within their respective limits by said. railway; but Congress expressly reserves the right to fix and regulate, at all times, the cost of such transportation by said railway or said company whenever such transperation shall extend from one State into another, or shall extend into more than one State: Provided, however, Maximum. That the rate of such transportation of passengers, local or interstate, shall not exceed the rate above expressed: And provided further, That said railway company shall carry the mail at such prices as Congress may by law Mails. provide; and until such rate is fixed by law the Postmaster-General may fix the rate of compensation. SEC. 5. That said railway company shall pay to the Additional Secretary of the Interior, for the benefit of the particular compensation. nations or tribes through whose lands said line may be located, the sum of fifty dollars in addition to compensation provided for in this act for property taken and damages done to individual occupants by the construction of the railway for each mile of railway that it may construct in said Territory, said payments to be made in installments of five hundred dollars as each ten miles of road is graded: Provided, That if the general council of either Provisos. of the nations or tribes through whose land said railway general may be located shall, within four months after the filing cils. of maps of definite location as set forth in section six of this act, dissent from the allowance provided for in this section, and shall certify the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nation or tribe under the provisions of this act shall be determined as provided in section three for the deter Appeal by coun |