Page:United States Statutes at Large Volume 25.djvu/791

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746 FIFTIETH CONGRESS. Sess. II. Ch. 280. 1869. may be constructed, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such railway. In case of failure to make amicable settlements with any occupant, such compensation shall be determined Referees. by the appraisement of three disinterested referees, to be appointed, one, who shall act as chairman, by the President, one by the chief of the nation to which said occupant belongs, and one by the railroad company, who, before upon entering the duties of their appraisements, shall take and subscribe before a district judgle, clerk of a district court, or United States commissioner, an oath t at they will faithfully and im artiall discharge the duties of their appraisement, which oath, dully certidyed, shall be returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member after due no- Substitution on mn- tice. And u n the failure of either party to make such appoint- ""’ °° “”°"‘°· ment within thirty da s afterthe appointment made by the President, the vacancy shall be filled by the district judge of the United States ` court held at Fort Smith, Arkansas, u on the application of the other party The chairman of said board shall appoint the time and place of a l hearings within the nation to which such occupant beoumpemewm. ongs. Each of said referees shall receive for his services the sum · of our dollars per day for each day they are engaged in the trial of any cause submitted to them under this act, with milea e at five · cents per mile. Witnesses shall receive the usual fees allowed by Gwen. the court of said nation. Costs, including comipensation of said referees, shall be made a part of the award, an be paid by such railway company. In case the referees do not agree, en any two of them are authorized to 'make the award. Either rty being dissatisfied with the iinding of the referees shall have th; right, within ninety days after the making of the award and notice o the same, appear to appeal y original petition to the district court held at Fort Smith, Arkansas, whic court shall have jurisdiction to hear and determine the subject matter of the petition, according to the laws of the State of Arkansas, for determining the damage when property is taken for railroad purposes. If, upon the hearing of said appeal, the judgment of the court shall be for a larger sum than the award of the referees, the costs of said appeal shall be adjudged against the oeeceen appeal. railroad company. If the judgment of the court shall be for the same or a less sum than the award made by the referees, then the d weekimy pn costs shall be adjudged against the party claiming damages. Wlien “$},’,‘f “"‘ °“ ° proceedmgls have been commenced in court, the railway company shall pay ouble the amount of the award into court to abide the judgment thereof and then have the right to enter upon the property sogpght to be condemned and proceed with the construction of the ra1 way. Freight eww. Sec. 4. That said railroad company shall not charge the inhabitants_of said Territory a greater rate of freight than the rate authorized by the laws of the State of Arkansas for services of trans- 1=·»·el·sm. portation of the same kind : Provided, That passenger rates on said railway shall not exceed three cents per mile. Congress P¤¤¤¤¤zerm¢¢¤- hereby reserves_the right to regulate the charges for freight and passengers on said railway and messages on said telegraph and tele- Beguiemu. phone mes, until a State goyernment or governments shall exist in said Territory within the limits of which said railway, or a part thereof, shall be located; and then such State government or governments shall be authorized to fix and regulate the cost and transportation of persons and freights within their respective limits by said railway; but_ Congress expressly reserves the right to fix and regulate at all times the cost of such transportation by said railway or said company whenever such transportation shall extend from one