Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-01-29

S of the northern boundary of Cool,
!, county, IN the state of Texas, and rum
2 ming thence by the most practicable
+ route through the Indian Territory to
; point on the southern boundary of
, the state of Kansas, with the right to
, construct, use and maintain such
, tracks, turnouts, branches, sidings and
extensions ms said company may deem
IL TO their interest to construct along
and upon the right of way and depot
grounds hereby granted.
Section ?, That right of way 100
feet in width through said Indian Ter
ritory is hereby granted to the Gulf
, Colorado and Santa Fe Railway COM
pany, and strip of land 400 feet in
width and 5000 feet in length is also
granted to said railway company at
every station that may be designated
and established by it upon its line
through said Territory, no portion of
which shall be sold or leased by the
company, with the right TO use such
additional ground, where there are
| heavy cuts or fills, as may he necessary
/ for the construction and maintenance
of its road-bed, not exceeding 100 feet
in width on each side of said right of
way: Provided, said stations shall
not be established nearer than seven
miles of each other, until otherwise
provided 10y law.
Sec. 3. That before said railway
shall be constructed through any lands
held by individual occupants, accord
ing to the laws, customs and usages of
any of the Indian nations or tribes
through which IL may be constructed,
full compensation shall be made to .
such occupants for all property to be
fol ,,l do, ln,, q
construction ofsuch railway. In case of
failure TO make amicable settlement
with any occupant, such cOmpensa-
ton shall be determined by the app
praisement Of three disinterestcd refer
ees, one TO be named by the commits
sioner of Indian affairs, one by the
principal chief of the nation or tribe
in which the land to be appropriated
il situated, and one by said company.
In case the commissioners cannot
ogree, then any two of them are au-
thoIized to make the award. Either
party being dissatisfied with the find.
Ing of the commissioners shall have
the right, within twenty days after
the making of the award and notice Of
the same, to appeal by original petit
ton TO the courts, where the case shall
be tried dc moro. When proceedings
have been commenced in court, the
railway company shall pay double the
amount of the award into court TO 6
abide the Judgment thereof and then
have the right to enter upon the prop
erty sought 10 be condemned, and pro-
coed with the construction of the rail-
road. Each of said commissioners {
shall receive for their 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 shalt receive the usual fees
allowed by the courts of said nations. !
Costs shall be made part OF the !
award, and be paid by the losing
party.
Sec. 4. Said railway company shall
not charge the inhabitants of said ter |
ritory greater rate of freight than the
rate authorized by the laws of the state !
Of Texas, for services or transportation z
Of the same kind. Congress hereby re- !
serves the right toregulatc the charges :
for freight and passengers on said rail !
way and messages on said telegraph
and telephone lines.
Sec. 5. That for and in consideration :
IF the uses, privileges and grants here. j
N contained, said railway company G
hall pay to the secretary of the In O
.erior, for the benefit of the particular q
nations or tribes through whose lands /
said railway may be located, the sum T
IF fifty dollars foI each mile of railway
That it may construct in said territory, 9
said payments TO be made In Install {
ments Of five hundred dollars, as each
ten miles of road Is graded. Said COM