Appraisement. Referees. ure to appoint. Hearings. Costs. occupants for all property to be taken or damages 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 persons or 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, or in case of an allottee, by said allottee or by his duly authorized guardian or legal representative, 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 the 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; Substitution on fail- and upon the 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 the court held at Fort Smith, Arkansas, upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings within the Compensation, etc. nation to which the occupant belongs. Each of said referees shall receive for his services the sum of four dollars per day for each and every day they are engaged in the trial of any case submitted to them under this Act, with mileage of five cents per mile. Witnesses shall be allowed the usual fees allowed by the courts of said nation. The costs, including the compensation of the referees, shall be made a part of the award, and to be paid by said railway company. In case the referees can not agree, then two of them are authorized to make the award. Either party being dissatisfied with the findings 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 the district court for the northern division of the Indian Territory exercising jurisdiction over the territory in which the lands sought to be condemned are situate, which court shall have jurisdiction to hear and determine the subjectmatter of said petition according to the laws of the State of Arkansas providing for the determining of damages when property is taken for railway purposes. If, upon the hearing of said appeal, the judgment of the court shall be for a larger sum than the awards of the referees, the costs of said appeal shall be adjudged against the railway company. 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 cost shall be adjudged against the party claiming damages. When proceedings have been commenced in court the railway company shall pay double the amount of the award into court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. Appeals. Costs on appeal. Work may begin on paying double award. Freight charges. Provisos. Maximum. SEC. 4. That the said 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 Arkansas for services or transportation of the same kind: Provided, That the passenger rate shall not exceed three cents per mile. Congress hereby reserves the right to regulate the charges for freight and passengers on said railway and of messages on said telegraph and telephone lines until State governments are formed and shall exist in said Territory within the limits of which said railway, or a part thereof, shall be located, and then such State government shall be authorized to fix and regulate the cost of transportation of persons and freight 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 company whenever such transportation shall extend from one State into another, or shall extend into more than one State: Provided, That the rate of such transportation Compensation to tribes. Provisos. of passengers, local or interstate, shall not exceed the rate expressed: Provided further, That said railway company shall carry the mail at Mails. such prices as Congress may by law 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 Secretary of the Interior, for the benefit of the particular nations or tribes through whose lands said line may be located, the sum of fifty dollars, in addition to the compensation provided for in this Act, for property taken and damage done to individual occupants by the construction of the railway for each mile of railway constructed in said Territory, said payments to be made in installments of five hundred dollars as each ten miles of road is located and graded: Provided, That if the general council of either of the nations or tribes through whose lands said railway may councils. be located shall, within four months after the filing of maps of definite locations, as set forth in section six of this Act, dissent from the allowances provided for in this section, and certify the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nations or tribes under the provisions of this Act shall be determined as provided in section three for the determination of the compensation to be paid to the individual occupant of lands, with the right of appeal to the courts upon the same terms, conditions, and requirements as therein provided: Provided further, That the amount awarded or adjudged to be paid by said railway company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under foregoing provisions, except as to annual tax. Said company shall also pay, so long as said reservations are owned and occupied by the Indians, to the Secretary of the Interior the sum of fifteen dollars per annum for each mile of railway it shall construct in the said reservations. The money paid to the Secretary of Apportionment. the Interior under the provisions of this Act shall be apportioned by him, in accordance with the laws and treaties now in force, among the different nations or tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Provided further, That Congress shall have the right, so long as said lands are occupied and possessed by said nations or tribes, to impose such additional taxes upon said railroads as it may deem just and proper for their benefit. And any Territory or State hereinafter formed through which said railway shall have been established may exercise the like power as to such part of said railway as may be within its limits. Said railway company shall have the right to survey and locate its railway immediately after the passage of this Act. Award in lieu of compensation. Annual rental. Survey. Maps to be filed. SEC. 6. That said railway company shall cause maps showing the route of its located line through said reservations to be filed in the office of the Secretary of the Interior, and also to be filed in the office of the principal chief of each of the nations or tribes through whose lands said railway may be located; and after the filing of said maps no claims for a subsequent settlement and improvement upon the right of way shown by said maps shall be valid as against said company: Provided, That a map showing the entire line of the said railway in the tary of the Interior. Indian Territory shall be filed with and approved by the Secretary of the Interior before the construction of said railway in the Indian Territory shall be begun. Proviso. SEC. 7. That the officers, servants, and employees of said company Employees may reside on right of way. necessary to the construction and management of said road shall be allowed to reside, while so engaged, upon said right of way, but subject to the provisions of the Indian intercourse laws, and such rules and regulations as may be established by the Secretary of the Interior in accordance with said intercourse laws. Commencement and completion. SEC. 8. That said railway company shall build at least one hundred miles of its railway within three 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 Fences, etc. all fences, road and highway crossings, and necessary bridges over said Condition of accept ance. Proviso. Violation to forfeit. Record of mortgages. Amendment, etc. 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. SEC. 9. That the Arkansas Northwestern Railway Company shall accept this grant of the right of way upon the express condition, binding upon itself, its successors and assigns, that they will neither aid, advise, nor assist in any effort looking toward the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian nations or tribes any further grant of land or its occupancy than is herein provided for: Provided, That any violation of the conditions mentioned in this section shall operate as a forfeiture of all rights and privileges of said railway company under this Act. SEC. 10. That all mortgages executed by said railway company conveying any portion of its railway, with its franchises, that may be constructed in said reservation shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of their execution, and shall convey all rights and property of said company as therein expressed. SEC. 11. That Congress may at any time alter, amend, or repeal this Act. Received by the President, March 25, 1896. [NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] April 7, 1896. Public lands. Cash entries validated. Vol. 25, pp. 622, 854. Proviso. Adverse claims. April 7, 1896. Arizona. lands authorized. CHAP. 94.-An Act To confirm certain cash entries of offered lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all private cash entries of public land subject to sale in the States of Alabama, Mississippi, and Arkansas as offered lands, made between the dates of the approval of the joint resolution of May fourteenth, eighteen hundred and eighty-. eight, and its promulgation, May twenty-ninth, eighteen hundred and eighty-eight, in cases in which all requirements of law have been complied with, be, and the same are hereby, confirmed, and all such entries made between said dates which have been canceled for which the purchase money has not been refunded shall be reinstated by the Commissioner of the General Land Office upon the application of the purchaser or purchasers or their legal representatives or assigns: Provided, That no adverse claim has attached or shall attach prior to such application for reinstatement. Approved, April 7, 1896. CHAP. 95.-An Act To authorize the leasing of lands for educational purposes in Arizona. Be it enacted by the Senate and House of Representatives of the United Lease of school States of America in Congress assembled, That the lands reserved for university purposes, and all of the school land in the Territory of Arizona reserved by law for school purposes, may be leased under such laws and regulations as may be hereafter prescribed by the legislature of said Territory, but until such legislative action the governor, secretary of the Territory, and superintendent of public instruction shall constitute a board for the leasing of said lands under the rules and regulations heretofore prescribed by the Secretary of the Interior for the respective purposes for which the said reservations were made, Expenses. Timber cutting, etc., forbidden. Termination of except that it shall not be necessary to submit said leases to the Secretary of the Interior for his approval; and all necessary expenses and costs incurred in the leasing, management, and protection of said lands and leases may be paid out of the proceeds derived from such leases. And it shall be unlawful to cut, remove, or appropriate in any way any timber growing upon the lands leased under the provisions of this Act, and not more than one section of land shall be leased to any one person, corporation, or association of persons, and no lease shall be made for a longer period than five years, and all leases shall terminate on the admission of said Territory as a State, and all money received on account of such leases in excess of actual expenses necessarily incurred in connection with the execution thereof shall be placed to the credit of the public school fund of said Territory, and shall not be used for any other than public school purposes: Provided, That the proceeds of leases of university and normal school lands shall be placed mal school lands. to the credit of separate funds for the use of said institutions. Received by the President, March 26, 1896. [NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] leases. Proviso. CHAP. 96.-An Act To authorize the Light-House Board to proceed with the construction of the light-house and fog signal on North Manitou Island, Lake Michigan. April 13, 1896. North Manitou Island, Michigan. Temporary lease of site for light-house au Be it enacted by the Senate and House of Representatives of the United States of America in Congreass ssembled, That the Light-House Board be authorized to proceed with the construction of the light-house and fog signal on North Manitou Island, Lake Michigan, heretofore appro- to priated for, and that the aforesaid board be authorized to lease the land necessary for the site of said aid to navigation until a perfect title to said site can be secured by condemnation proceedings. Approved, April 13, 1896. CHAP. 98.-An Act For the relief of settlers upon lands within the indemnity limits of the grant to the New Orleans Pacific Railway Company. April 14, 1896. Public lands. settled under land Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That authority be, and is hereby, given the New Orleans Pacific Railroad to relinquish any lands Railway Company within the indemnity limits of its grant, which by decision of the Land may relinquish lands Department of the Government has been awarded it, in favor of any laws. settler entitled to the right of entry under the laws of the United States who has been allowed to make entry thereof, or who has resided upon and improved the same for five years, and to select in lieu thereof an equal quantity of other lands, from any of the public lands not mineral, and within the limits of its grant and not otherwise appropriated at the date of selection, to which it shall receive title the same as though originally granted. Approved, April 14, 1896. CHAP. 99.—An Act Repealing chapter one hundred and forty-eight of the Supplement of the Revised Statutes of the United States. Selection in lieu. April 14, 1896. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of March third, eighteen hundred and seventy-five, chapter one hundred and forty-eight judicial district. Tennessee western tached to. R. S., sec. 547, p. 92. Pending actions. Perry County at of the Supplement of the Revised Statutes of the United States, be, and the same is hereby, in all things, repealed, and that the county of Perry, in the middle judicial district of the United States in the State of Tennessee be, and the same is hereby, set to, and shall hereafter compose a part of, the western judicial district of the United States in. said State; and all cases now commenced or depending in said middle district, affected by this Act, shall be heard, tried, and determined in the same manner as if this Act had not been passed; and the prosecution of all crimes heretofore committed in said middle district shall be prosecuted and punished in the same manner as if this Act had not been passed. April 14, 1896. Duluth and North Lake reservations, Minn. Approved, April 14, 1896. CHAP. 100.-An Act Granting to the Duluth and North Dakota Railroad Company right of way through certain Indian reservations in the State of Minnesota. Be it enacted by the Senate and House of Representatives of the United Dakota Railroad Com States of America in Congress assembled, That there is hereby granted pany granted right of to the Duluth and North Dakota Railroad Company, a corporation way, Winnibagoshish, Chippewa, White organized and existing under the laws of the State of North Dakota, Oak Point, and Red and its successors and assigns, the right of way for the extension of its railroad through the Winnibagoshish, Chippewa, White Oak Point, and Red Lake Indian reservations, in the State of Minnesota, such right of way to be fifty feet in width on each side of the center line of said railroad, and said company may also take land adjacent to such right of way for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, not to exceed in amount two hundred feet in width and three thousand feet in length for each station, to the extent of one station for every ten miles of road constructed within the limits of said reservations. Width. Stations, etc. Payment to individuals. tribes. SEC. 2. That before said railroad shall be constructed through any land, claim, or improvement held by an individual occupant according to any agreement, treaty, or law of the United States, full compensation shall be paid such occupant or claimant for all property taken and damage done by reason of the construction of said railroad. And it shall be the duty of the Secretary of the Interior to fix, in such manner as he shall designate, the amount of compensation to be paid individual Compensation to occupants and claimants; and the amount of damage resulting to the tribe or tribes of Indians, in their tribal capacity, pertaining to said reservations, by reason of the construction of the road through such lands of the reservations as are not occupied in severalty, shall also be ascertained and determined in such manner as the Secretary of the Secretary of the In- Interior may direct, and be subject to his final approval. But no right of any kind shall vest in said railroad company in or to any part of the right of way and station grounds herein provided for until plats thereof made upon actual survey for the definite location of the road, including the grounds for station houses, machine shops, side tracks, turn-outs and water stations, shall have been filed with and approved by the Secretary of the Interior, and until the compensation aforesaid shall be fixed and paid. And said railroad company is hereby authorized, immediately after the passage of this Act, to enter upon said reservations for the purpose of surveying and locating its line of road: Provided, That said line of railroad shall be located, constructed, and operated with due regard to the rights of the Indians, and under such rules and regulations as the Secretary of the Interior shall prescribe. terior to approve plats, etc. Surveys. Proviso. Completion. Consent of Red Lake Indians. SEC. 3. That the rights herein granted shall be forfeited by said company unless said road is constructed through said reservations within three years from the passage and approval of this Act. SEC. 4. That the provisions of this Act shall not apply to the Red Lake Reservation until the consent of the Red Lake Indians shall be obtained thereto in such manner as the Secretary of the Interior may direct. |