Page:United States Statutes at Large Volume 29.djvu/112

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82 FIFTY-FOURTH CONGRESS. Sess. I. Ch. 82. 1896. case submitted to them under this act, with mileage at Eve cents per mile. Witnesses shaH recei ve the usual fees allowed by the courts of 0¤•1=¤- said nations and the courts of Oklahoma Territory. Costs, including compensation of the referees, shall 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 upper appeal by original petition toany district court in the Indian Territory, or Oklahoma Territory, which court shall have jurisdiction to hear and determine the subject-matter of "said petition. lf, upon the hearing of said appeal, the judgment of the court shall be for a larger sum than 0¤¤¢¤¤¤ ¤1>r¤¤l· 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 for a smaller sum than the award of the referees, then the costs shall W¤*£bm be adjudged against the party claiming damages. When proceedings wuzhave been commenced in court, the railway company shall pay double the amount of the award into 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 railway. might charges. 811:0.-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 mma. same kind: Provided, That passenger rates on said railway shall not §,'Y‘·{’,‘}§§,,‘[,"‘°“‘ exceed three cents per mile. Congress hereby reserves the right to regulate the charges for freight and passengers on said railway, and of 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 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 rai1- way or said company whenever such transportation shall extend from one State into another, or shall extend into more than one State: Pro- M¤¤¤¤¤¤· ¤¤¤¤· vided, hou·e·i·cr, That the rate of such transportation of passengers, local or interstate, shall not exceed the rate above expressed: And Main. provided jiartleer, That said railway company shall carry the mail at such prices as Congress may by law provide; and until such rate is iixed by law the ,POStlD1tStBF~(}8ll0P8l may fix the rate of compensation. '{‘¤y¤¤·~¤·r ··· ¢¤**·¤¤- Sm:. 5. That said railway company shall pay to the Secretary of the ° “Interior, for the benefit of the particular nations or tribes or individuals through 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 Territories. said payments to be made in installments of five hundred dollars X¤·¢•;··b mm, as each ten miles of road is graded: Provided, That if the general mx5i.. Y g council of either of the nations or tribes through whose land said railway may be located shall, within four months after the filing of maps of definite location as set forth in section six of this Act, dissent from the allowance 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 provisions of this Act shall be determined as provided in section three for 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 provided: Providedfurther, That the amount Am.».m_in lieu tc awarded or adjudged to be paid by the said railway company for dissent- °"'“"°““‘*“°“· ing nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the foregoing provisions.