The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-06-10
THROUGH THE B. |. r.
Text OF The Bill Giving the Santa Fe
Railroad
Right. OF. Way Through the Indian
Territory.
It's Provisions and Its Restrictions.

Be Il enacted by the senate aud house Of
representatives. OF the United States OF
America Ia congress assembled,
rhet the Cali, Colorado d
Santa Fe Railway company, .
corporation created under and by virtue Of
same IL hereby, invested and empowered
with the right OF loosting, constructor
owning, %equippinT, operating, using, u
maintaining q railWtv, telegraph, n telC.
phone line throura fhe Indlan territory,
beginning at q pohIt TO be selected by faid
railway company on Red river, north o. tho
northern boundC' CT Cook county, IN tho
state OF Texas. aAd running thence by the
most practicable route through the Indian
territory to q point on the southorn
boundary OF the state of Kansas,
with the right 20 construct, use, and
mairtaln such tr0okg. %turnoutF, branches,
Eiiings, and extensions 81 said company
may deem it 20 their interest to construct
along and upon the right-oi.way and depot
grounds hereby granted.
See. .. that o Tight.of-way one hundred
feet in width through said Indian territory
10 hereby granted 10 tho Cult, Colorado IL
Santa Fo Railway company, and q strip Of
land two hundred feet In Width, with q
OF ,hres Thousand feet, in addition
10 the Tight'of'wny, is granted for stations
for every ten mile9 OF the road, no portion
Of which shall be sold or leased by the cam.
pany, with the right TO use such additional
ground whera there Rre heavy cuts or fills
may be necessary Tor tho construction
and msintepance OF the rond-6ed; not ex-
ceed!ng one hundred feet in width OIL enoh
side Of said right-otway, or so
much thereof as may be included in
aaid cut or fill: Provided, That no more
than said addition of land shalt DO taken
for any ono station: Provided further. That
part OF the lands intended 10 be occupied
for right-of way or depot purposes "shell
used except In such manner as may DO
for the construction and con.
operation OF said railroad, tele-
graph, and telephone"
Sec. 3. That before said railway shall be
constructed through any lands held by in
dividual occupants according 10 the lfwF.
customs, and usages OF any Of the Indian
or tribes through which IL may
constructed, foil compensation shall
be made 10 such occupants for all
property 10 be taken or damage done by
Of the construction OF such railway.
In csto of failure TO make amicable settle.
ment with any occupant, such compenss.
ION shall be determined by tho nppraist-
OF three disiuterssted referees, one 10
BE- named BIZ the commissioner OF Indian
sffsire. orc BIZ The principal chief Of the ma.
tion or tribe IN which the land to be apDro-
is situated, and enc
b. gnid company, VINO, before
upon the dntea OF their .ap-
D0intmeni, shall tike ann sub crlbe, before
authority, an oGth that they
Will f|Githtully and impaftlelly discharge
duties OF their appointment, which
oath, duly certified, shalt be returned with
their uwafd. In case the referees cannot
lgree, than any two OF them ere authorized
10 make the award Either party being
with the nuding OF the referee,
shall have The fighf, within ninety days
snd notice Of the same, to appeal
bv original petition 70 the courts
where The casa shall be tried
ie noyo. When proceedings have bsen
commenced Ia oorri, the railway company
shall pay double the amount OF tho award
into court TO abide the judgment thereof,
and then have the right to enter upon tue
property sought to be condemned and pro
,sed with the construction Of the railroad.
Each OF said referees shall receiys for his
services the sun OF 81 per day for each day
hey are engaged in the trial
ot any case submitted to
hem under this act, with mileage
II 5 cents per mile. Witnesses shall re-
,eive the usual lees allowed by the courts
said nations Costs, including compen-
.ation of the referees, shall be made a part.
of the award and bo paid by such railroad
,orlpsny. -,
Sec. 4. That said railway Company shall
not charge tho inhabitantsof said territory
4 greater rate of freight than the rate
oy The Avs o. tho state oil
for services or transportation
Of the same kind: Provided. That
rates on SAID railway shall no
three cents per mile. Congress
hereby reseryas the right TO regulate tho
.f.-~g. a. frafrN uvH nNcQnnnsru nm gcfn
and messages on ssid telegraph ana
telephone lines until q state government or
governments ehsll exist IN said territory
the limits OF which said rail way or q
part thereof shall be located, and then sdch
state government or governments shall be
aul horizsd TO fix and regulate the cost
III transportation OF persons and
within their respective limits
bv said railway; but congress expressly
reserves the right to fix and regulate 30 ali
the cost Of such trannpostation by
said railway or said company whenever
5uch transportation shall extend from u
state into another. or should extend into
more than one state: Provided, however,
that the rates OF such transportation OF
local or interstate, shall
BOT exceed ,ro thasS aS @1tser. express tsss
raid railway company shall carry
he mall AZ such prices ~ congress may by
provide: and until such rate Is liked by
the postmsster-general may Tx the
ate of compensation.
See. 8. That said railway company shall
pay to the secretary OF the interior, for the
OF tho particular nations or tribes
whose lands said railway may be
the sum OF $50, in addition
TO compensation provided for by this
acr, for properly taken or dsmsge done
hy the construction of the railway, for each
mile OF railway that 1t may construct in
said territory, said payments to be made
In installments OF $500 as each ten miles OF
road Is graded. Said company shall also
pay, as long as said territory IL owned and
by the Indians, to tho secretary
oi the Interior, the sum Of SIS per annum
Tor each mile of railway 1t shall construct
IN said territory. The money p aid to the
of the interior under
he provisions OF this act shall
be apportioned bv him in accord
sncs with the laws n treaties now In
force among the different nations and
according TO the number OF miles OF
company through their lands:
Provided, that congress shall have the
light, 90 long ns said lands are occupied
md possessed BIZ said nations and tribes,
impose ouch additional taxes upon eaid
az IL may deem Just and proper
or their benefit: Provided further. that
I the general council Of either Of the
or tribes whose lands said railway
nav be located shall, within four months
.ftsr The fling OF maps OF definite location
10 eet forth in section Elk OF this act, dis.
Ient from tho allowances provided for In
his section, and shall certify the same to
be secretary OF the interior, then all com.
,~ensation 10 be paid TO such dissenting
or tribe under the provisions
this act shall be determined
u provided In section three for
be determination OF the compenss-
20 be paid 20 the individual occupant |
lands, except that one OF said refer |
'ss shall be appointed by the council OF he
dissenting nation or tribe. instead Of by Its
,rincipsl chief, With the right OF appeal 10
he courts upon the same terme, conditions