Page:United States Statutes at Large Volume 25.djvu/253

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FIFTIETH CONGRESS. Sess. I. Ch. 494. 1888. 207 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- F'°*€h*° °b¤‘8°S· auts of said Territory a greater rate of freight than the rate author- 1zed by the laws of the State of Texas for services or transportation of the same kind: Provided, That passenger rates on said railway f,°’°'”*"°’· shall not exceed three cents per mile. Congress hereby reserves the rate? °°"°r’ °t°’ 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 the railway, or apart thereof, shall be located; and then such State government or governments shall be authorized to fix and regulate the cost of transportation of persons and freights within their respective limits by said railway; but Congress expressl reserves the right to iix and regulate, at all times, the cost of such transportation by said railway or said company whenever such transportation shall extend from one State into another, or shall extend mto more than one State: Provided, however, That the rate of such M"-Xi'¤¤m· transportation of passengers, local or interstate, shall not exceed ‘ the rate above expressed; And provided furthe/r, That said railway MMS- company shall carry the mail at such prices as Congress may by law provide; and until such rate is fixed by law the Postmaster- ` General may fix the rate of compensation. Sec. 5. That said railway company shall pay to the Secretary of meddiwgwmmu the Interior, for the beneiit of the particular nations or tribes through m whose lands said line may be located, 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 payments to be made in installments of five hundred _ dollars as each ten miles of road is graded: Provided, That if the why mm general council of either of the nations or tribes through whose land council. said railway may be located shall, within four months after the tiling of maps of definite location, as set forth in section six of this act, dissent from the allowances provided for in this section, 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 fprovisions of this act shall be determined as provided in section three or the determination of the compensation to be paid to the individual occupant of lands, with the right of appeal to the courts upon the same terms, conditions, and requirements as therein provide : Provided Ifurfher, That the A"°·'d*<>b<>v¤idamount awarded or adjudged to be paid by said rai way company for said dissenting nation or tribe shall be in lieu of the compensation that said nation would be entitled to receive under the oregoing provision. Said company shall also pay. so long as said Territory is A¤¤¤*¤ F¤¤¤¤¥- owned and occupied by the Indians, to the Secretary of the Interior, the sum of fifteen dollars per annum for each mile 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 railwav that may be constructed by said railway company through their lands : Provided, That Congress shall have the right, so long Tum-ion. as said lands are occupied and possessed by said nations and tribes, to impose such additional taxes upon said railroad as it may deem just and proper for their benefit ; and any Territory or State hereafter formed, through which said railway shall have been established, may exercise the like power as to such part of said railway as ma ’ lie within its limits. Said railway company shall have the right to survey and locate its railway immediately after the passage of this act.