74 FORTY-NINTH CONGRESS. Sess. I. Ch. 395. 1886. Substituhivu in member, after due notice. And upon the failure of ciyher party to °““° .°f f‘“1"° *° make such appointment withiuthirty days after the apponuymqut made “pP°mt' by the Px·esidc11t,tha vacancy shall be filled byt3hc d1str1ct: Judge of the court; held at Forts Smith, Arkansas, or at W1ch1ta, Kansas, upon the application of the other party. The chairmacu of said b0ard shall appoint the time and place for all hearings, withm the uatxqn to which Compensation to such occupant belongs. Each of said reiérces shall recmve for Ins
- °*`°*°°°· services the sum of four dollars per day for each day they aye engaged
in the trial of any case submitted to them under this act, with mileage Witnesses. at five cents per mile. Witnesses shall receive the usual fees allowed com to be paid by the courts of said nations. Costs, including compensation of the by °°¤¤P¤¤Y· referees, shall be made a part of the award, and be paid by such railroad company. In case the referees cannot agree, then any two of them Appeal to dis- arc authorized to make the award. Either party being dissatished with ¤’i•2*> ¤¤¤F* ¤¤ F¤¤· the finding of the referees shall have the right, within ninety days after $$1;*% *;*:*1;; °’ the making of the award and notice of the same, to appeal by original ’petition to the district court held at Fort Smith, Arkansas, 01- the district court held at, Wichita, Kansas, which court shall have jurisdiction to hear and determine the subject-matter of said petition, according to tha laws of the State in which the same shall be heard provided for determining tho damage when property is taken thr railroad purposes. °°°*'· If upon the hearing of aid 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 railway company. If the judg- ' ment of the court shall be for the same sum as the award of the referees, thou the costs shall be adjudged against the appellant. If the judgment of the court shall be for zm smaller sum than the award of the referees, then the costs shall be adjudged against the party claiming damages. When proceedings have been commenced in court, the milway company shall pay double the amount of the award into court to abide tho judgment thereof, and then have the right to enter upon the ggopegty ggught to be condemned and proceed with the construction of o m.1lro . Freight mm;. Sm:. 4. That said railroad company shall not charge the inhabitants of said Territory a. greater mm of freight than the rata authorized by the laws of the State of Arkansas for services or transportation of the {j¤’¢·¢i•¤· same kind: Provided, That passenger rates on said railway shall not umif“°"¥°' "“*°’> exceed three cents per mile. Congress hereby reserves the right; to regulate the charges for freight and passengers on said railway and messages on said telegraph and telephone lines, until a State government 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 hx and regulate the cost of transportation of persons and treights within their respective limits by said railway; but Congress expressly reserves the right to hx and regulate at all times the cost of such transportation by said railway or said company whenever such transportation shall extend from one A-ovim. State into another, or shall extend into more than one State: Provided Maximum charges· however, That the rate of such transportation of passengers, local or inter? State, shall not cxcccd the mm above expressed: And provided further That said railway company shall carry the mail at such prices as Con; gross may by law provide; and until such rate is fixed by law the Postmgstergexagaé mag hxJ:ha rata of compensation. Addipiumu com- 1:0. . a said ra' way com an · shall to the Secre peusntwn in tribes. Interior, for the benefit of the pugcuhnr natigsgor tribes throhgh vzfhggg lands said main line and branch may be located, the sum of iifmy 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 '
Tcrntory, said payments to bqmada in installments of five hundred dol-
P¤‘•¤¤¤•· lars as each ten mxles of road IS graded: Prcmded, That if the general
