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[22 Stat., 449.] Appropriation to en

ecute Ute agreement,

etc.

See 1880. e. 233,

to 1874, c. 136, ante, p. 151.

aforesaid in fee discharged of said trust and free of all charge or incumbrance whatsoever, and no contract by any such Indian creating any charge or incumbrance thereon or liability of said land for payment thereof shall be valid.

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For the purpose of enabling the Secretary of the Interior to conable the Secretary of tinue to carry out the provisions of the act of June fifteenth, eighteen the Interior to ex hundred and eighty, "ratifying the agreement submitted by the confederated bands of Ute Indians in Colorado, for the sale of their reserante, p. 180, and note vation in said State, and for other purposes, and to make the necessary appropriations for carrying out the same" five thousand dollars, or so much thereof as may be necessary, to be taken from moneys appropriated by said act and remaining unexpended; and the commission Ute Commission appointed under said act, and known as the Ute Commission, is hereby abolished to take effect March fifteenth eighteen hundred and eighty three, And the Secretary of the Interior, with the consent of the Ute Stock in lieu of Indians, may instead of paying to said Indians the fifty thousand dollars provided by the agreement incorporated in the above named act in cash, per capita, pay the same in stock, or such other property as the Secretary of the Interior and said Indians may agree upon,

abolished.

money.

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CHAP. 141.-An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for prior years, and for those certified as due by the accounting officers of the Treasury in accordance with section four of the act of June fourteenth, eighteen hundred and seventy-eight, heretofore paid from permanent appropriations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter stated, namely:

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[22 Stat. 585.] Eastern Band of

etc., in Court of Claims

States.

1889, post p. 316; Oct.

The Eastern Band of Cherokee Indians is hereby authorized to instiCherokee Indians au- tute a suit in the Court of Claims against the United States to deterthorized to bring suit, mine the rights of the said band in and to the moneys, stocks and against the United bonds, held by the United States in trust for the Cherokee Indians, arising out of the sales of lands lying west of the Mississippi River, and See also Feb. 25, also in a certain other fund, commonly called the permanent annuity 1, 1890, post p.372: July fund, to which suit the Cherokee Nation, commonly called the Cherokee 6,1892, post p. 446: Mar. Nation West, shall be made a party defendant. The said Eastern 28, 1898, sec. 25, ante, Band shall within three months after the passage of this act file a petition in said court, verified by the principal chief of said band, setting forth the facts upon which said claim is based. The said Cherokee Nation West shall within six months after the passage of this act file its answer to said petition and said cause shall proceed to final determination pursuant to the practice in said court, and such rules or orders as the court may make in that behalf.

2,1895, post p.558; June

p. 100.

Interior Department records may be

The Secretary of the Interior shall transmit to said court, for the consideration of said court, copies duly certified of all records, papers, filed. and other documents on file in the Department of the Interior which he may deem necessary to said cause or which may be requested by either of the parties hereinbefore referred to, and the said parties respectively may take and submit to said court such additional competent testimony as they may desire. And jurisdiction is hereby conferred upon said court to hear and determine what, if any, interest, legal or equitable, the said Eastern Band has in said moneys, stocks, bonds so held in trust by the United States, and shall enter a decree specifically defining the rights and interests of the said Eastern Band therein, and in any moneys hereafter to be derived from sources similar to those out of which the existing fund arose.

When the interest, if any, of the said Eastern Band has been ascertained as aforesaid, the Secretary of the Treasury shall out of the portion of the fund adjudged to said parties, respectively, pay all the proper costs and expenses of said respective parties of the proceedings herein provided for, each party, except the United States, to be liable for its own costs and expenses, and the remainder shall be placed to the credit of said Eastern Band and of the said Cherokee Nation, in accordance with their respective rights as ascertained by the said judgment and decree of said court.

Payment of judg ment and costs.

Attorney-General to

States.

In the said proceeding the Attorney General, or such of his assist- appear for United ants as he may designate, shall appear on behalf of the United States. Either of the parties to said cause may appeal from any judgment ren- Appeal. dered by said Court of Claims to the Supreme Court of the United States, and the said courts shall give such cause precedence.

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CHAP. 50.-An act to repeal section eight of an act entitled "An act to accept and ratify the agreement submitted by the confederated bands of Ute Indians in Colorado for the sale of their reservation in said State, and for other purposes, and to make the necessary appropriations for carrying out the same," approved June fifteenth, eighteen hundred and eighty.

May 14, 1884.

23 Stat., 22.

Restoration of lands,

public domain.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section eight of an act etc. on Ute Indian resentitled "An act to accept and ratify the agreement submitted by the ervation, Colorado, to confederated bands of Ute Indians in Colorado for the sale of their 1880, c. 223, ante, reservation in said State, and for other purposes, and to make the nec- p.186. essary appropriations for carrying out the same," approved June fifteenth, eighteen hundred and eighty, be, and the same is hereby, repealed; and that the lands referred to in said section are hereby restored to the public domain. Approved, May 14, 1884.

CHAP. 177.-An act to grant to the Gulf, Colorado and Santa Fe Railway Company a right of way through the Indian Territory, and for other purposes.

July 4, 1884.

23 Stat., 69.

railway, telegraph,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Gulf, Colorado and Right of way for Santa Fe Railway Company, a corporation created under and by virtue and telephone rines of the laws of the State of Texas, be, and the same is hereby, invested to Colorado and Santa and empowered with the right of locating, constructing, owning, equip- through Indian Terriping, operating, using and maintaining a railway, telegraph, and telephone line through the Indian Territory, beginning at a point to be

Railway Co.

tory, etc.

selected by said railway company on Red River, north of the northern boundary of Cook County, in the State of Texas, and running thence by the most practical route through the Indian Territory to a point on the southern boundary of the State of Kansas, the line to be located in sections of twenty-five miles each and before work is begun on any be ap section the line thereof is to be approved by the Secretary of the Inproved by Secretary terior with the right to construct, use, and maintain such tracks, turnouts, sidings, and extensions as said company may deem it to their interest to construct along and upon the right of way and depot grounds hereby granted.

Route to

of Interior.

Grant of lands for stations.

Proviso.
Proviso.

Compensation for property, etc.

disagreement.

Oath.

SEC: 2. That a right of way one hundred feet in width through said Indian Territory is hereby granted to the Gulf, Colorado and Santa Fe Railway Company, and a strip of land two hundred feet in width, with a length of three thousand feet in addition to the right of way, is granted for such stations as may be established, but such grant shall be allowed but once for every ten miles of the road, 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 be necessary for the construction and maintenance of the road bed, 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 granted shall be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph and telephone line and when any portion thereof shall cease to be so 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 Referees in case of appraisement of three disinterested referees to be appointed by the President 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. In case the referees cannot agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding Right of appeal to 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 courts, where the case shall be tried de novo. 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 railroad. Each of said referees Compensation of 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 railroad company.

the courts.

referees.

Fees of witnesses.
Costs, etc.

Freight rates.

Passenger rates.

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 transportation shall extend from one State into another, or shall extend into more than one State. Provided however that the rates of such transportation of passengers local or interstate shall not exceed those above expressed and provided further, That said Railway company shall Rates for carrying carry the mail at 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.

U. S. mails.

of railroad con

etc.

Additional taxes.

Proviso.

SEC. 5. That said railway company shall pay to the Secretary of the Payments per mile Interior, for the benefit of the particular nations or tribes through structed. whose lands said railway may be located, the sum of fifty dollars in addition to compensation provided for by this act for property taken or damage done by the construction of the railway for each mile of railway that it may construct in said Territory, said payments to be made in instalments of five hundred dollars as each ten miles of road is graded. Said company shall also pay, as long as said Territory is 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 Territory. The money paid to the Secretary of the Interior under the Secretary of Interior provisions of this act shall be apportioned by him, in accordance with todistribute preceeds, the laws and treaties now in force among the different nations and tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Provided, That Congress shall have the right, so long as said lands are occupied and possessed by said nations and tribes, to impose such additional taxes upon said railroad as it may deem just and proper for their benefit; Provided further, That if the general council of either of the nations or tribes through whose lands said railway may be located shall within four months after the filing of maps of definite location as set forth in section six of this act, dissent from the allowances 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 Compensation under the provisions of this act shall be determined as provided in sec- how paid; proviso. tion 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 herein 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 the provisions of this section. Nothing in this act shall be construed to prohibit congress from imposing taxes upon said railway, nor any Territory or State hereafter formed, through which said railway rose taxes. shall have been established from exercising the like power as to such part of said railway as may lie within its limits. Said railway company Right to immediate shall have the right to survey and locate its railway immediately after survey and location the passage of this act.

SEC. 6. That said company shall cause maps showing the general route of its located line through said Territory 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 claim for a subsequent settlement and improvement upon the right of way shown

to

Occupants of lands;

Congress may im

of road.

Map of route to be

filed, etc.

Proviso.

Grading; when

commence.

by said maps shall be valid as against said company: Provided, That when a map showing any portion of said railway company's located line to is filed as herein provided for, said company shall commence grading said located line within six months thereafter or such location shall be void as to any occupant thereof.

Right of employees to reside on lands, etc.

What courts to have jurisdic

concurrent tion, etc.

Lands forfeited, etc., for failure to build road.

SEC. 7. The officers, servants and employees of said company, necessary to the construction, operation and management of said road and telegraph and telephone lines 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.

SEC. 8. That the United States circuit and district courts for the northern district of Texas, the western district of Arkansas, the district of Kansas, and such other courts as may be authorized by Congress shall have, without reference to the amount in controversy, con-current jurisdiction over all controversies arising between said Gulf, Colorado and Santa Fe Railway Company, and the nations and tribes through whose territory said railway shall be constructed. Said courts shall have like jurisdiction, without reference to the amount in controversy, over all controversies arising between the inhabitants of said nations or tribes and said railway company; and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Territory, without distinction as to citizenship of the parties, so far as may be necessary to carry out the provisions of this act.

SEC. 9. That said railway company shall build at least one hundred miles of its railway in said Territory within three years after the passage of this act, or this grant shall be forfeited as to that portion not built, that said railroad company shall construct and maintain continBridges and road ually all road and highway crossings, and necessary bridges, over said and highway cross railway wherever said roads and highways do now or may hereafter cross said railways right of way, or may be by the proper authorities laid out across the same.

ings.

Conditions of acceptance of grant; proviso.

Mortgages, etc., to be recorded in Department of Interior."

July 4, 1884.

23 Stat.. 73.

railway, telegraph,

SEC. 10. That the said Gulf, Colorado and Santa Fe Railway Company shall accept this right of way upon 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 lands, and will not attempt to secure from the Indian nations any further grant of land, or its occupancy, than is hereinbefore provided: Provided: That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said railway company under this act.

SECTION 11. All mortgages executed by said Railway Company conveying any portion of its railroad, with its franchises, that may be constructed in said Indian Territory, 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. 12. Congress may, at any time amend, add to alter or repeal this act.

Approved, July 4, 1884.

CHAP. 179.-An act to grant the right of way through the Indian Territory to the
Southern Kansas Railway Company and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Right of way for States of America in Congress assembled, That the Southern Kansas and telephone lines Railway Company, a corporation created under and by virtue of the Railway Co, through laws of the State of Kansas, be, and the same is hereby, invested and empowered with the right of locating, constructing, owning, equipping,

to Southern Kansas

Indian Territory.

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