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Show 92 REPORT OF THE COMBUSSIONEB OF INDIAN AFFAIRS. by the President's approval February 28,1902. The company has not filed any maps under that rtct. Port Smith and Western Railroad Company.--The Department approved amended locations of this company's line as follows: August 16, 1901, from the point of connection with the Kansw City Southern Raiiway, in township 8 north, range 25 east, to Baum's station, a distance of 20 miles; September 13, between Baum's station and the Missouri, Kansas and Texas Railroad; December 12, thence to the Canadian River (making a total distance in the Choctaw Nation of 63 miles); also, December 12, through the Creek Nation, a distance of 57.75 miles. Maps of station grounds in the Choctaw Nation, one at Bokoshe, in township 8 north, range 24 east, and the other at McCurtain, township 8 north, range 22 east, were approved $annary 10 and April 29, 1902, respectively. Referees were appointed to appraise damages to certain dissenting occupants in the Choctaw Nation-Francis M. Elsey, chair-man; J. C. Eye, on behalf of the railroad company, and C. A. Over-street, on behalf of the Choctaw Nation. Their report of September 14 was transmitted to the Department September 26, and the several parties in interest were informed of their rights under the act of March 3,1899 (30 Stab., 1368). The matter of compensation for such damages was lodged in the courts as provided in that act. A further report of their appraisement of damages to occupants on the line west of Baum's station was approved January 8, 1902, and the parties in interest were notified January 13. December 3,1901, the Department accepted the dissent of the Choc-taw Nation to the statutory allowance of $50 per mile for tribal com-pensation for right of way, and the draft for $1,000 which had been tendered as compensation for the first 20 miles was returned to the company December 19. The question of damages is being determined by the court. January 9, 1902, the principal chief of the Creek Nation advised this office that the Creek council had failed to dissent from the statu-tory allowance of $50 per mile tribal compensation. The company was therefore advised May 15 that compensation should be made the Creek Nation in installments of $500 as each 10 miles of line is completed. A schedule submitted by United States Special Indian Agent Tag-gert, showing amicable settlement for individual Wages in the Creek Nation, was approved February 18,1902. As settlement could not be effected with certain occupant*l, referees were appointed, their report accepted, and the parties in interest notified May 10,1902. May 26, 1902, maps of definite location were submitted under the act of Webruary 28, 1902, showing the location of the line from its teiminus in the Creek Nation, on the Oklahoma-Indian Territory boundary to Guthie, Okla. These maps were transmitted to the |
