Page:United States Statutes at Large Volume 26.djvu/838

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FIFTY-FIRST CONGRESS. Sess. II. Ch. 288. 1891. 785 claiming damages. When proceedings have been commenced in U ° d°P°¤*° °* court the railway company shall pay double the amount of the award gfifEd0¤°`L°i‘§ gi-IQ; mto court to abide the judgment thereof, and then have the right to °°°"· enter upon the property sought to be condemned and proceed with the construction of the railroad. . Sec. 4. That said railroad company shall not charge the inhabit- Frvieetrmsants of said Territoiy a greater rate of freight than the rate authormed bv the laws of the State of Arkansas for services or trans ortation of the same kind: Provided, That passenger rates on said) rail- Pr¤·>·¤·¤¤· way shall not exceed three cents per mile. Congress hereby reserves 1>•¤¤e¤g¤i-`¤-•tes the right to regulate the charges for freight and passen ers on aid R¤¤¤!¤¤¤¤ of railway and messages on said telegraph and telephone Enos until a °h"g°°` State government or governments s al 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 Hx and regulate the cost of transportation of persons and freights within their re1s}pective limits by said railway; but Congress expressly reserves e right to fix and regulate at all times the cost of such transportation by said railway or said company whenever such transportation shal extend from one State into another, or shall extend mto more than one State: Provided, however, That Umwbm. the rate of such transportation of passengers, local or interstate, shall not exceed the rate above expressed: And provided further, That said railway company shall carry the mail at such 9(prices as mmm Congress may b law provide· and until such rate is fix by law the ostmaster-Cenera may dx the rate of compgnsation an also shall carry the property and troops of the Uni d States at such rates as Congress may provide. Sec. 5. That said railway company shall pay to the Secretaryxof the summon eumpm. Interior, for the benefit of the particular nations or tribes t rough “°“°“"°“'"’°'· whose lands said lines may be ocated, the sum of fifty dollars, in addition to compensation provided for in this act for property taken and damages done to individual occupants by the construction of the railway, for each mile of railway that it may construct in said Territory, said yments to be made in installments of five hundred dollars as eachaten miles of road is graded: Provided, That if the gen- 1.,,,,;,,,, eral council of either of the nations or tribes through whose lands l G¤¤er';¤§é~gr¤_g¤mr said railway may be located shall, within four months after the filing Iritlgiaor an mtdnrlniof maps of deiinite location as set forth in section six of this act, dis- •”;g;_, pm sent from the allowance hereinbefore provided for, and shall certify ' the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nation or tribe under the provisions of this act shall be determined as provided in section three for the deter- .4»:e,p.·:s4. mination of the compensation to be paid to the individual occupant of lands, with the right of appeal to the courts xzlpon the same terms, conditions, and requirements as therein provide : Provided further, Ofevggrgezeuegop iiw That the amount awarded or adjudged to be paid by said railway ' company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the foregoing provision. Said company shall also pay; so long mw mum. as said Territory is owned and occufpied by the Indians, to the Secreta of the Interior the sum of fi teen dollars per annum for each mhz of railway it shall construct in the said Territory. The money paid to the Secretary of the Interior under the provisions of this act shall be apportioned by him, in accordance with the laws and treaties now in force among the different nations and tribes, according to the number of miles of railway that may be constructed by said railway com any through their lands: Prcrvzded, That Congress shall have the right, so long as said lands are occupied and possessed by mgm or taxation said nations and tribes, to impose such additional taxes upon said ’°*="°'* railroad as it ma deem just and proper for their benefit- and any Territory or Stateliereafter formed through which said railway shall STAT L-—VOL XXVI-—-5·I