Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

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Chapter 76
Sections 2 | 3 | 4

Margin Notes
Chap. 76 Kansas City, Fort Scott and Memphis Railroad Company granted right of way, Indian Territory.
Chap. 76 Location.
Chap. 76 Provisos. Width.
Chap. 76 Stations.
Chap. 76 Commencement and completion.
Sec. 2 Consent of Indians.
Sec. 3 Purchase from allottees.
Sec. 4 Condemnation.
Sec. 4 Provisos. Payment to tribes.
Sec. 4 Annual rental.
Sec. 4 Apportionment.
Sec. 4 Taxation.

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Chapter 76
    Mch. 28, 1896. | 29 Stat., 77.
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An act to authorize the Kansas City, Fort Scott and Memphis Railroad Company to extend its line of railroad into the Indian Territory, 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 Kansas City, Fort Scott and Memphis Railroad Company be, and the same is hereby, authorized and empowered to construct, maintain, and operate a railroad and telegraph line from a point on the south line of the State of Kansas near the city of Baxter Springs to the town of Miami, in the Indian Territory: Provided, That such right of way shall be fifty

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feet in width on each side of the central line of the road. Said company shall also have the right to take and use for station purposes a strip of land one hundred feet in width by a length of two thousand feet in addition to right of way to an extent not to exceed one station for each ten miles of road constructed within the limits of said reservations: Provided, further, That work shall be commenced on such construction within a reasonable time from the approval of this Act and completed so as to have trains running to the town of Miami within twelve months from said date.

SEC. 2

That before said company shall enter the territory of any nation or tribe of Indians for the purpose of constructing its line of railroad and telegraph it shall have the written consent of the general council of such tribe thereto, which shall be filed with the Secretary of the Interior.

SEC. 3

That said company shall have authority to acquire a right of way for its line of railroad and telegraph from individual allottees upon such terms and conditions as may be agreed upon between the parties, and in cases where the line of said railroad runs through the lands of minor allottees the judge of the United States court for the district wherein said lands are situated shall have power to regulate the manner, terms, and conditions whereby such right of way shall be acquired.

SEC. 4

That in cases where a right of way can not be acquired from adult allottees by agreement between the parties, the same may be acquired by proceedings in condemnation in the United States court for the proper district, or before the judge thereof in vacation, according to the provisions of chapter fifty-eight of Sanders and Hill’s Digest of the Laws of Arkansas, eighteen hundred and ninety-four, respecting “eminent domain,” so far as the same can be made applicable: Provided, That in addition to the compensation herein provided for, said railroad company shall pay to the Secretary of the Interior, for the benefit of the tribes through whose lands the said railroad may be constructed, the sum of fifty dollars per mile for each mile of road constructed through tribal lands which have not been allotted to individual Indians. Said company shall also pay, so long as said lands are owned and occupied as tribal property, to the Secretary of the Interior the sum of fifteen dollars per annum for each mile of railway it shall construct through the said Territory. And the money paid the Secretary of the Interior under the provisions of this Act shall be apportioned by him among the several tribes in accordance with the number of miles of road that may be constructed through each reservation: Provided further, That Congress shall have the right, so long as said lands remain as tribal property, to impose such additional taxes upon said railroads as may be deemed just and proper for their benefit, and the like power may be exercised by any State or Territory which may hereafter be formed.

Approved, March 28, 1896.

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