Page:United States Statutes at Large Volume 23.djvu/102

 74 FORTY-EIGHTH CONGRESS. Sess. I. Ch. 179. 1884. 0**}*- before ente·ing upon the duties of their appointment shall fake and subscribe, refore competent authority, an oath that they will faithfully and impartially discharge the duties of their appointment, whivh oath. duly certified, shall be returned u ith their award, In case the refer ees cannot agree, then any two of them are authorized to make the award, Either party being dissatisfied with th»· hndin g of the r»·f¤·rees shall have the right, within nine y days after the making of the award ¤=nd Rl8M of ¤PP*>¤l notice of the same, to appeal by original p etition to the courts, where °°n'° °°“'°“‘ the case shall be tried de novo, When proceedings have been commenced in court. the railway company shall pay double the amount of AW¤¤‘d· °*>¢· the awasd into court to abide the judgment thereof, and then have the right to enter upon the property sought to be conuemned ,. and pro:-eed with the construction • f the railroad, Each of said referees shall Compensationof receive for them services the sum of four dollars per clay for each day r•f¤¤¤¤¤- they are engaged in the trial of any case submitted to them under this p,,, of Wim,. act, with mileage at live cents per mile, Witnesses shall receive the ses. usual iees allowed by the courts of said nations, costs, including compensation of the referees shall be made a part of the award. and be paid by such railroad company, Freight um; Sec. 4. That said railroad company shall not charge the inhabitants prvvim of said Territory a greater rate of freight than the rate authorized by the laws of the State of Kansas for services or transportation of the Passenger mm. same kind; Provided: that passenger rates on said railway shall not Bight or cou. exceed three cents per mile. Congress hereby reserves the right to gms to mguiate regulate the charges for freight and passengers on said railway and °h°n'§° f'" ‘;°¤°‘ messages on said telegraph and telephone lines, until a State govern- &,,;3ll’ ment 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 fix and regulate the cost of transportation of persons and heights 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 railway or said company when ver such transportation shall extend from one State into another, or shall extend into more than one State : Provided however, That the rate of such transportation of passengers, local or interstate, shall not exceed the rate above expressed, And pro- Qurying of vided further, That said railway company shall carry the mail at such ’”*'1'· prices as Congress may by law provide: and until such rate is iixed by law the Postmaster-Generalmay iix the rate of compensation, Damages. Sec. 5. 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 main line and branch may be located the sum of fifty dollars, in addition to compensation provided for in this act for property taken and damages done 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, Said company shall also pay, so long as said Territory is owned and occupied by the Indians, to the Secretary of the Interior the sum of iitteen 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 pro- Ap1>¤r¢i¤r¤¤•¤¢ visions of this act shall be apportioned by him, in accordance with the °f ‘“°"°Y'• '*°· laws and treaties now in force among the dilierent nations and tribes uccording to the number of miles of railway that may be constructed by said P,.m,,_ railway company through theirJands: Provided, That Congress shall have the iight, so long as said lands are o copied and possessed hy said A d di t i o nal nations and tribes, to impose such additional taxes upon said railroad ¤¤¤¤- as it may deem just and proper for their benelit: Provided further, That P"""' if the general counsel of either of the nations or tribes through whose lands said railway may be located shall within four months after the tiling of maps of delinite location, as set forth in section six of this act, dissent from the allowances provided for in this section, and shall certiiy the same to the Secretary of the Interior, then all compensation to