Page:United States Statutes at Large Volume 25.djvu/209

 FIFTIETH CONGRESS. Sess. I. Ch. 337. 1888. 163 Judge of the court held at Fort Smith, Arkansas, or at the district court for the northern district of Texas, or at the district court of Kansas upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings within the nation to which such occupant belongs. Each of said referees shall receive for his services the sum of four dollars 0¤¤=p¤¤sm¤¤. per day for each day they are engaged in the trial of any case submitted to them un er this act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the courts of said w“”°““ fm nations. Costs, including compensation of the referees, shall be °°°'»¤· made a part of the award, and be paid by such railroad company. ln case the referees can not agree, then any two of them are authorized_ to make the award. Either party being dissatisfied with the nnding of the referees shall have the right, within ninet days after the making of the award and notice of the same, to appealfby original A*’p°“· petition to the district court held at Fort Smith, Arkansas, or the district court for the northern district of Texas, or the district court of Kansas, which court shall have jurisdiction to hear and determine - the subject-matter of said petition, accordin to the laws of the State in which the same shall be heard provhid for determining the damage when property is taken for railroad purposes. When roceedings have een commenced in court, the railway company shall pay double the amount of the award into court to abide the judgment mQ¤;d¤g,¤*¤¤¢ gwbie thereof, and then have the right to enter upon the property sought mgm? w°r my to be condemned and proceed with the construction of the railroad. Sec. 4. That said rai road compan shall not charge the inhabitants Freight rms of said Territo a greater rate of fi-eight than the rate authorized by the laws of the States of Texas and Arkansas for services or transportation of the same kind: Provided, That passenger rates on said  mm railway shall not 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 telep one lines, until a State government or glovernments shall exist in said Territor within the limits of whic said railway, or a part thereof, shall be located; and then such State government or governments shall be authorized to Hx and regulate the cost of transportation of persons and freights within their respective limits by said railway: but Con- _ gress expressly reserves the right to fix and regulate at all times the Sefiiggf *° ’°€¤1¤*"* cost of such transportation bly said railway or said company when- I ever such transportation shal 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, Maximum. shall not exceed the rate above expressed: And provided further, That said railway company shall carry the mail at such (prices as Mans. Con ess may bv law rovide; and until such rate is iixe by law the gbstmaster-General) may fix the rate of compensation. l Sec. 5. That said railway company shall pay to the Secretary of mggigopelbéommnthe Interior, for the benetit of the particular nations or tribes through n 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 in ividual occupants by the construction of the rnilwav, for each mile of railway that it may construct in said Territor ,-said ayments to be made in installments of one thousand two hunched and) lift dollars as each working section of twenty-tive miles of road is  Prorided, That if the general council of either of §·<>M{>s- f the nations or tribes through whose land said railway may be located muiignea asc tcggiliiilll shall, within four months after the filing of maps of definite location °”°*· as set forth in section six of this act, dissent from the allowances 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