342 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 87. 1898. States court in the Indian Territory, upon the application of the other nmangmm. party. The chairman of said board shall appoint the time and place ' for all hearings within the nation to which such occupant belongs. f C°*¤P°¤¤°*i°¤ °f”‘ Each of said referees shall receive for his services the sum of four dol- "m' lars 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 wmm an traveled. Witnesses shall receive the usual fees allowed by the United cms. States courts in the Indian Territory. Costs, including compensation of the referees, shall be made a part of the award, and be paid by said railway company. In case the referees can not agree, then any two of App.,,.;, them are authorized to make the award. Either party being dissatisfied with the nndings of the referees shall have the right, within ninety ` days after making of the award and notice of the same, to appeal by original petition to any district court in said Territory, which court shall have jurisdiction to hear and determine the subjectmatter of said peticom tsappsn. tion. If upon hearing said appeal the judgment of the court shall be for a larger sum than 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 “'°¥l$ my Meh ¤¤ the costs shall be adjudged against the party claiming damages. When
- $£.°,°Hl`”g d°°b1° proceedings have been commenced in court the railway company shall
pay double the amount of the award into court to abide the judgment L thereof, and then have the right to enter upon_ the property sought to be condemned and to proceed with the construction of the railway. Freight charges- Sec. 4. That said railway company shall not charge theinhabitants of said Territory a greater rate for freight than the rate authorized by the laws of the State of Texas for services or transportation of the pmmtg. same kind: Provided, That passenger rates on said railway shall not £j;;f,’;§$uf”·**°S· 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 telephones lines, until a State government or governments shall exist in said Territory within the limits of which said railway, or 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 respec— tive limits, by said railway; but Congress expressly reserves the right to fix and regulate, at all times, the cost of such transportation by said railway or said company whenever such transportation shall extend from one State to another, or shall extend into more than one State or Territory: h_l;·S=·;L;;£¤¤·l»h:§;>l Prori/led, however, That the rate of such transportation of passengers, ‘ " “‘ ° local orinterstate, shall not exceed the rate above expressed: And thrrnixn. the-r provided, That said railway company shall carry the mail at such prices as Congress may by law provide; and until such rate is nxed by law the Postmaster-General may fix the rate of compensation. ”;§g;mm?,lJ;>¤¤·r¤¤· Snr:. That said railway company shall pay to the Secretary of the ` Interior, for the benefit of the particular nations or tribes through whose lands said line may be located, the sum of nity dollars, in addition to the compensation provided for in this Act tbr 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 {’»·~m¥¤.bv mmm, each ten miles of road is graded: 1’roz·Med, That if the general colinc,,;,,§¥,,g_ · ·= I cil of either of the nations or tribes through whose land said railway may be located shall, within four months alter the ijling 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 rl~r».p sm. determined as provided in section three for the determination of the compensation to be paid to the individual occupant of lands with the right to appeal to the courts upon the same terms, conditions, and
