provements. It is further agreed that wherever in said tract of country any one of said Indians has made improvements and now uses and occupies the land embracing such improvements, such Indian shall have the undisputed right to make his or her selection, to conform to legal subdivisions, however, so as to include such improvements, without reference to the classification of land herein before recited. § 1146. Selection of lands.-[Art. III]. All allotments hereunder shall be selected within ninety days from the ratification of this agreement by Congress of the United States; provided, the Secretary of the Interior, in his discretion, may extend the time for making such selection: and should any Indian entitled to allotments hereunder fail or refuse to make his or her selection of land in such time, then the allotting agent in charge of the work of making such allotments shall, within the next thirty (30) days after said time, make allotments to such Indians, which shall have the same force and effect as if the selections were made by the Indians themselves. § 1147. Titles to be held in trust.-[Art. IV]. When said allotments of land shall have been selected and taken as aforesaid, and approved by the Secretary of the Interior, the titles thereto shall be held in trust for the allottees, respectively, for a period of twenty-five (25) years, in the manner and to the extent provided for in the Act of Congress entitled "An act to provide for the allotment of land in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the territories over the Indians, and for other purposes," approved February 8, 1887. And at the expiration of twenty-five (25) years the title thereto shall be conveyed in fee simple to the allottees, or their heirs, free from all incumbrances. § 1148. Cash payment.—[Art. V]. In addition to the allotments above provided for, and the other benefits to be received under the preceding articles, said Wichita and affiliated bands of Indians claim and insist that further compensation, in money, should be made to them by the United States, for their possessory right in and to the lands above described in excess of so much thereof as may be required for their said allotments. Therefore it is further agreed that the question as to what sum of money, if any, shall be paid to said Indians for such surplus lands shall be submitted to the Congress of the United States, the decision of Congress thereon to be final and binding upon said Indians; provided, if any sum of money shall be allowed by Congress for surplus lands, it shall be subject to a reduction for each allotment of land that may be taken in excess of one thousand and sixty (1,060) at that price per acre, if any, that may be allowed by Congress. § 1149. Claims not impaired.—[Art. VI]. It is further agreed that there shall be reserved to said Indians the right to prefer against the United States any and every claim that they may believe they have the right to prefer, save and except any claim to the tract of country described in the first article of this agreement. § 1150. Lands for religious, etc., uses.-[Art. VII]. It is hereby further agreed that wherever, in this reservation, any religious society or other organization is now occupying any portion of said reservation for religious or educational work among the Indians the land so occupied may be allotted and confirmed to such society or organization; not, however, to exceed one hundred and sixty (160) acres of land to any one society or organization, so long as the same shall be so occupied and used, and such land shall not be subject to homestead entry. That whenever said lands are abandoned for school purposes the same shall revert to said Indian tribes and be disposed of for their benefit. § 1151. Ratification. [Art. VIII]. This agreement shall have effect whenever it shall be ratified by the Congress of the United States. In witness whereof, the said commissioners on the part of the United States have hereunto set their hands, and the undersigned members of the said Wichita and affiliated band of Indians have set their hands, the day and year first above written. That said agreement be and the same is accepted, ratified, and conformed as herein provided. CHAPTER 79 EASEMENTS IN INDIAN LANDS FOR RAILWAY PURPOSES 1 § 1152. General grant of right of way to railways through the Indian Territory. 1153. 1154. Grant for right of way, stations, yards, water supply, changes, etc. Lands for railway purposes, how acquired-Compensation to individuals for damages, etc. 1155. Annual rental to tribes-Regulation of freight charges and the carrying of mail. 1156. Crossing of one railway company by another-Procedure for acquiring right to. 1157. Automatic signals and safety appliances. 1158. Notice of intent to use automatic signals and division of cost of construction and maintenance. Mortgages. 1159. 1160. Amendment-Right to revise. 1161. Any railway company accepting benefits of act subject to all burdens imposed thereby. 1162. Conditional repeal of previous act. 1162a. Secretary authorized to grant railway companies additional lands through Indian reservations. § 1152 [13]. General grant of right of way to railways through the Indian territory.-That the right to locate, construct, own, equip, operate, use, and maintain a railway and telegraph and telephone line or lines into, in, or through the Indian Territory, together with the right to take and condemn lands for right of way, depot grounds, terminals, and other railway purposes, in or through any lands held by any Indian tribe or nation, person, individual, or municipality in said territory, or in or through any lands in said territory which have been or may hereafter be allotted in 1 Chapter 79 is a reproduction of sections 13 to 23, inclusive, of the Act of February 28, 1902, chapter 134, 32 Stat. 43, entitled "An act to grant the right of way through the Oklahoma Territory and the Indian Territory to the Enid & Anadarko Railroad Company, and for other purposes." The first twelve sections of this act grant a right of way to the Enid & Anadarko Railway Company, and have no application to the general grant for railway purposes found in sections 13 to 23, and are, therefore, not reproduced. BLED.IND.(2D ED.)-51 severalty to any individual Indian or other person under any law or treaty, whether the same have or have not been conveyed to the allottee, with full power of alienation, is hereby granted to any railway company organized under the laws of the United States, or of any state or territory, which shall comply with this act.2 § 1153 [14]. Grant for right of way, stations, yards, water supply, changes, etc.-That the right of way of any railway company shall not exceed one hundred feet in width except where there are heavy cuts and fills, when one hundred feet additional may be taken on each side of said right of way; but lands additional and adjacent to said right of way may be taken and condemned by any railway company for station grounds, buildings, depots, side tracks, turnouts, or other railroad purposes not exceeding two hundred feet in width by a length of two thousand feet. That additional lands not exceeding forty acres at any one place may be taken by any railway company when necessary for yards, roundhouses, turntables, machine shops, water stations, and other railroad purposes. And when necessary for a good and sufficient water supply in the operation of any railroad, any such railway company shall have the right to take and condemn additional lands for reservoirs for water stations, and for such purposes shall have the right to impound surface water or build dams across any creek, draw, canyon, or stream, and shall have the right to connect the same by pipe line with the railroad and take the necessary grounds for such purposes; and any railway company shall have the right to change or straighten its line, reduce its grades or curves, and locate new stations and to take the lands and right of way necessary therefor under the provisions of this act. § 1154. [15]. Lands for railway purposes, how acquired-Compensation to individuals for damages, etc.-That 2 Choctaw, O. G. Ry. Co. v. Bond, 6 Ind. T. 515, 98 S. W. 335. |