Page:United States Statutes at Large Volume 24.djvu/160

 FORTYNIX TH CONGRESS. Sess. I. C11. 744. 1886. 125 such railway. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraisement Appraisementof three disinterested referees, to be appointed one (who shall act as Appointment of chairman) by the President, one by the chief of the nation to which *°f"°°S· said occupant belongs, and one by said railroad 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 appointment, which oath, duly certilicd, 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 to actin case of the absence of a member, after due notice. And upon the failure of either Substitution in party to make such appointment within thirty days after the appoint- ¤¤¤¤ Pi" failure *0 ment made by the President, the vacancy shall be filled by the district "l‘I’°‘“*· judge of the court held at Fort Smith, Arkansas, or at the district court tor the district of Kansas, upon the application of the other party. The chairman of said board shall appoint the time and place lor all · hearings, within the nation to which such occupant belongs. Each of Said reierees shall receive for his services the sum of four dollars per Qompensntiouw 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. Witnesses 1·`eesot'witnes~zes. shall receive the usual fees allowed by the courts of said nations. Costs, Costs to be paid Including compensation of the referees, shall be made a. part of the by °°'“P‘*“¥· award, and bopaid by such railroad company. In case the referees cannot agree, then any two of them are authorized to make the award. _ _ Either party being dissatisfied with the iinding of the referees shall APP°€1'°°d;1*“°: have the right, within ninety days after the making of the award and gguuighagrk? 2, notice of the same, to appeal by original petition to the district court mmm $5 Kansas, held at Fort Smith, Arkansas, or the district court for the district of ` Kansas, which courts shall have jurisdiction to hear and determine the subjectmatter of said petition, according, to the laws of the State in which the same shall be heard provided for determining the damage when property is taken for railroad purposes. If upon the hearing of said appeal the judgment of the court shall be for a. larger. sum than Costs. the award of the referees, the costs of said appeal shall be adjudged against the railroad company. If the judgment of the court shall be for the same sum as the award of the referees, then the costs shall be adjudged against the appellant. It the judgment of the court shall be for a smaller sum than the award of the referees, then the costs shall be adjudged against the party claiming damages. When proceedings have Cvmmvy m ¤ y been commenced in court, the railway company shall pay double the °°‘§'g‘(f;‘f,:uf)Q° ggé amount of the award into court to abide the judgment thereof, and then }f$,.m.d_ have the right to enter 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 inhabitants l·`¤·ig¤¤ r¤¤¤5· of said Territory a greater rate of freight than the rate authorized by the laws of the State of Arkansas for services or transportation of the same kind: Provided, That passenger rates on said railway shall not Prmsiaos. Pxceed three cents per mile. Congress hereby reserves the right to reg- l_ ?=;¤8°¤S°' ’°'°¤· ulate the charges for freight and passengers on said railway and mes- m" ‘ sages on said telegraph and telephone lines, until a State government Telegraph ¤ 1; d or governments shall exist in said Territory within the limits of which *f,:g;f;°g’l;‘a’;f;1¤*” °‘ said railway or a part thereof, shall be located; and then such State I “’ " 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 tix Right to reguand regulate at all times the cost of such transportation by said railway §::W;‘;*°"S t ° ‘° " or said company whenever such transportation shall extend from_one ° ‘ State into another, or shall extend into more than one State: Promdcd, _ hmccccr, That the rate of such transportation of passengers, local or c1g£_°e§ ’ m “ m inter·State, shall not exceed the rate above expressed: And provided Mil; further, That said railway company shall carry the mail at such prices