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Show 90 REPORT OF THE OO~ISSIONER OF INDIAN AFEAIRS. "2. In the case of lands of one of the Five Civilized Tribes in Indian Territory, npon the principal o5cer of the tribe and also upon the Indian w-e nt in chare-e . "3. In the ease of an allotment not within a reservation and not upon lands of one of the Five Civilired Tribes, upon the agent or other officer under whose mper-vision such allotment falls, and npon the allottee or owner, if living upon or in the vicinity of the allotment, and if not living thereon or in that vicinity, upon the per-son in actual possession of the allotment, and if no person be in actual possession thereof, then by posting in a conspicuous place upon the land a conciae notice'of the application for the right of way across the same. "4. In case of an allotment within a reservation or upon lands of one of the Five Civilized Tribes, in addition to the service required by subdivisions 1 or 2 hereof, whichever is applicable, E concise written notice of the application for a right of way acrw the allotment shall also be served upon the allottee or owner if living upon or in the vicinity of the allotment, and if not living thereon or in that vicinity upon the person in actual possession of the allotment, and if no person be in actual possession thereof then by posting in a conspicuous place upon the land, which notice shall recite the fact that a copy of the map of the proposed right of way may be inspected on applicrttion to the agent or o5cer in charge. "5. When personal service upon an allottee or owner of allotted land ia not had, service under subdivisions 3 and 4 hereof shall be accompanied bya certificate of the agent or other officer under whose supervision the sllotment falls, dating the exist-ence of the specific facts justifying the particular manner of service employed." ' Rights of way and authority to make surveys have been granted mil-road companies since the date of the last annual r e ~ o r atn d up to the 4th of September, 1901, as follows: Arkansas and Choctaw Railway Company.4une 18,1900, the Depart-ment approved a map of definite location showing the surveyed line of this company's road from the east to the west line of Indian Ter-ritory, subject to the provisions of the act of January 28, 1899 (30 Stab., 806). Under this act the payments for right of way are to be made to the tribes "in installments of $500 as each 10 miles of road is graded," and no grading or const~.uction can be done until "a map showing the entire line of the road in the Indian Territory shall be filed with and approved by the Secretary of the interior." October 30, 1900, the Choctaw and Chickasaw nations, by resolutions of their national councils, dissented from the statutory provision of $50 per mile, of which action the attorney for the railroad company was duly advised December 21, 1900. In reply it was claimed by the company that thii action of the Choctaw and Chickasaw nations was taken after the expiration of four months from the date of the approval of the map of definite location (June 18, 1900), and that therefore the com-pany could only be required to make compensation for light of way at the rate of $50 per mile, as provided by the act of .January 28,1899. The subject was referred to the Department by this ofice February 25,1901, and March 11 the Department, in reply, held that the time within which the nations could lemllv dissent bemn to run from the 'Forms for use under the foregoing amendment will he furnished applicants upon request to the Indian o5ce. |