Page:United States Statutes at Large Volume 29.djvu/100

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70 FIFTY-FOURTH CONGRESS. Sess. I. C11. 60. 1896. shall revert to the nation or tribe of Indians from which the same shall have been taken. ¤¤¤•¢••*=·i¤·¤i*i¤- Srzc. 3. That before said railway shall be constructed through any ul" lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed, or by allotments under any law of the United States or agreement with the Indians, full compensation shall be made to such occupants ‘for all property to be taken or damage done by reason of

  • PP*•*•°”’°*'·· the construction of such railway. In case of failure to make amicable

settlement with any occupant, such compensation shall be determined B°’°“'°°’· 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, or, in case of an allottee, by said allottee or by his duly authorized guardian or representative, and one by said railway company, who, before entering upon_the duties of their appointment, shall take and subscribe, before a. district judge, clerk of a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appoint— ment, which oath, duly certified, 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 mf'Q;'“*"“"* H_"·"*“· to act in caseof the absence of a member, after due notice. And upon ‘ the failure of either party to make such appointment within thirty days alter the appointment made by the President, the vacancy shall bejilled by the district judge of any United States court in the Indian Territory, or the Territory of Oklahoma, upon the application of the other party. - The chairman of said board shall appoint the time and place for all F··¤¤¤· hearings within the nation to which such occupant belongs. Each of G¤mr•¤n¤¢i•¤. ¤¢<=· said referees shall receive for his services the sum of four dollars per day for each day they are engaged in the trial of any case submitted to ~ - · - them under this Act, with mileage at five cents per mile actually traveled. Witnesses shall receive the usual fees allowed by the courts of °¤•¤ said nations and the courts of Oklahoma Territory. Costs, including compensation of the referees, hall be made a part of the award, and be paid by such railway company. In case the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right, within ninety days after making the award and notice of the same, to Aspen., appeal by original petition to any district court in the Indian Territory or Oklahoma Territory, which court shall have jurisdiction to hear and determine the subject-matter of said petition. It; upon the hearing of said appeal, the judgment of the court shall be for a larger sum than °°=*¤°¤¤PP°*¥ the award of the referees, the cost of said appeal shall be adjudged against the railway company. If the judgment of the court shall be for the same sum as the award of the referees, then the cost shall be adjudged against the appellant. If the judgment of the court shall be W k Mm ger :5 smagpr smn tha? the award of thei referees, then the costs shall ,¢¤‘ *0 •>¤ e a ju g against the party c aiming amages. When roceedin s P°’°°° d°°bl° °'"d' have been commenced in court, the railway company shallppay double the amount of the award into court to abide the judgment thereof and then have the rightto enter upon the property sought to be condemned and proceed with the construction of the railway. F`*·i¤*¤* ¤*·¤K¤•- Sec. 4. That said railway company shall not charge the inhabitants of said Territories a greater rate of freight than the rate authorized by ' the laws of the State of Kansas for services or transportation of the lgrwiyn nh same kind: Provided, That passenger rates on said railway shall not “"° g °' exceed three cents per mile. Congress hereby reserves the right to R°"‘1““°“ 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 Territories 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 of transportation of persons and freights within their