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Show . REPORT OF THE COMMISSIONER OF INDIAiT AJ?FAIRE(. 97 Its b ~ n c hlin es were auylorized and constructed under the act of March 2, 1899, and are as follows: Atdm bmch, 10 miles, appmved March 17, 1900. Krebebs and Edwards branch, extending eaat and west of McAlester, 13.98 miles, approved May 25, 19CO. Extension of Edwards branch, 24 miles, approved September 25, 1901. Extension of Krebe branch, 9 miles, approved February 26, 1902. Omge Coal and Mining Company's epura, 2.04 miles, approved March 25, 1902. Damages have been assessed and paid during the fiscal year on the lines approved since June 30, 1901, as followe: Extension to Edwards branch, $302.41, approved February 13. 1902. Extension to Krebs branch, $662.97, approved April 4, 1902. Osage Coal Company's spurs, $142.14, approved May 12, 1902. Spurs on Kreb and Edwards branches (omitted from original aschedule), 639.93, approved February 12, 1902. July 7, 1902, there was submitted, under the act of February 28, 1902, a map showing grounds sought to be acquired for a reservoir and water station near Coalgate, Choctaw Nation, embracing 491.31 acres. May 8, 1902, the Commission to the Five Civilized Tribes had requested information in regard to reservoir reservations claimed by this company, since it did not appear that maps of such reservations at Bluejacket, White Oak, Pryor Creek, Leliaetta, Turkey Creek, and Limestone Gap, Ind. T., bad been approved, and the Commission was instructed May 22 to be guided by Department decisions of Decem-ber 5,1899, and March 23,1900, in reserving from allotment the lands claimed by the company for sites. These decisions arose as follows: The company had claimed that under act of July 25, 1866, it was entitled to take and use additional lands at Muskogee for reservoir and stock yards under the provision granting "all necessary ground for station buildings, * * * depots, * * * and water stations;" that it had thus used the lands in question and obtained vested right therein, and that the acts of April 25, 1896, and March 2, 1899, were without application to the right of way granted by the act of July 25, 1866. July 13, 1899, the Department declined to approve the plat of grounds claimed at Muskogee. When asked for a review of that decision the Department stated, December 5, 1899, that while the acts of 1896 and 1899 do not divest or injuriously affect any vested rights theretofore acquired under the act of 1866, they do limit the extent to which the Secretary of the Interior may authorize the use of grounds for station and other purposes, and they also provide the method wherehy euch authority may be obtained. It was furthcr held that the showing made does not indicate that any vested right in the stock yards was acquired by this company prior to the act of April 25, 1896, and that the application and plat did not conform either to the %t of 1896 or that of 1899. 9674--02-7 |