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Show 106 REPORT OF THE OOMidI8SIONER OF INDIAN AFFAIRS. ant Attorney-General dated June 8, 1901-to aid in deterniining to what extent the company is entitled to grounds for station purposes in the Creek Nation. That opinion as to the company's rights in the Creek Nation stated: That in their treaty of June 14,1866 (14 Stats., 785), it was the inten-tion of the Creek Indians to grant to the railroad company such riglit of way as would he necessary to the operation of the road, and to leave to the determination of the United States the extent of such right of way; that when Congress made a grant to the Atlantic and Pacific Railroad Company of a right of way through the public lands of the United States 100 feet in width on each side of said road, "inc&g all necessary grounds for station buildings, worklrhops, depots, ma-chine shops, switches, side tracks, turntables, and water stations," this 'determined the extent of the right of way necessary, not only through the public, but also through the Creek lands; that to that extent the railroad company is entitled "to the way" without compensating the Indians; that, however, for want of definite information as to the extent of the claim and occupation of the railroad company for right of way purposes prior to the filing of the maps now submitted, no opinion is expressed as to whether the company should be required to pay for the use of needed station grounds additional to the grounds claimed prior to April 25, 1896, nor whether if the extent of the company's claim and occupation had not been definitely fixed prior to the passage of the act of March 2, 1899 (30 Stats., 990), that act should not control the Department in determining to what extent the com-pany may appropriate ground for station and other purposes. July 20,1901, the company submitted affidavits showing the use and occupancy of certain station grounds. The showing was not satisfac-tory, and October 31, 1901,. the inspector for the Indian Territory reported that the company had claimed grounds at cer&in stations in excess of that absolutely necessary on April 25,1896. The company, November 9,1901, submitted maps in lieu of those theretofore filed, showing grounds of reduced areaat 8 points named below. November 23, 19a1, plats of station grounds at the following points - - -. were approved: Afton, sections 32 and 33, township 26 north, range 22 east.- Ogeeche, section 2, township 26 north, range23 east. White Oak, section 27, township 25 north, range 23 east. Albia, sections 9 and 10, township 25 north, range 21 east. Chelsea, section 30, township 24 north, range 18 east. Catoose, sections 19 and 30, township 20 north, range 15 east. Claremore, sections 4, 8, and 19, township 21 north, m g e 16 east. Vinita, sections 15, 16, and 22, township 25 north, range 20 east. Stock Yards, sections 28 and 33, township 19 north, range 11 east. Red Fork, sections 22 and 27, township 19 north, range 12 eat. Stock Yards, sections 31 and 32, township 20 north, range 13 east. Sapulpa, section 35, township 18 north, range 11 east. Fairland, section 9, township 26 north, range 23 eat. Oseums, sections 13 and 18, townships 23 north, ranges 22 and 23 east. |