Page:United States Statutes at Large Volume 25.djvu/693

 648 FIFTIETH CONGRESS. Sess. II. Ch. 49. 1889. where there are heavy cuts or fills as may be necessary for the construction and maintenance of the road·bed, not exceeding one hundred feet in width on each side of the right of way, or as much mmm thereof as ma be included in said cut or nll: Provided, That no S*°“°“s·. more than said, addition of land shall be taken for any one station: ¥—¤¤dS¤¤¤*<>b¢¤°ld· Providedfurther, That no art of the lands herein authorized to be ¢ °°°` taken shall be leased or sold by the company, and they shall not be used except in such manner and· for suc purposes on y as shall be necessary for the construction and convenient operation of said railroad, telegraph, and telephone lines; and when any portion thereof R•¤"°¤'·*°¤· shall cease to be so used such portion shall revert to the sa1d band or tribe of Indians from which the same shall have been taken or to the individual allottees, or both as the case may be. 0¤r¤v9¤¤¤¤¤¤¢¢>¤!· Sec. 3. That before said railway shall be constructed through any l°°t°°S‘ lands held by individual aHottees of said tribe full compensation shall be made to such allottees for all property to be taken or damage done by reason of the construction of suc railway. In case of failure to make amicable settlement with any allottee, such_ compensa- Am>¤¤¤¤¤¤¤¢- tion shall be determined by the appraisement of three disinterested Referees referees, to be a ointed, one (w o shall act as chairman) by the President of the United States, one of the chief of said tribe, and one by said railroad congnpany, who, before entering upon the dut1es of their appointment, all take and subscribe, before a district judge, clerk o a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment, whic oath, du g certified, shall be returned with their award to and filed with the ecretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence o a member, after S¤‘**~*¤*¤°¤- due notice. And upon the failure of either party to make such ap _ Eintment within t irty dalys after the appointment made by the esident, the vacancy sha be filled by the district judge of the United States district court for the State of Minnesota, upon the application of the other party. The chairman of the said oard shall appoint the time and place for all hearings, within said reservation. PW °' '°*°*°°* lgach of said referees shall receive for his services the sum of four dollars per 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. Witness. ew. few- Witnesses shall receive the usual fees allowed by the courts of the United States. Costs, including compensation of the referees, shall be made a part of the award, and be paid by such railroad 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 ·‘*PP°*'· the making of the award and notice of the sine, to appeal by original petition to the United States district court held at Duluth or Saint Pau, Minnesota, which court shall have jurisdiction to hear and determine the subject matter of said petition according to the laws of said State provided for determining the damage when property is taken for railroad purposes. If upon the hearing of said appeal the ap·‘::,_*d*¤8 wm °° judgment of the court shall be for a larger sum than the award of the referees, then the costs of said appea shall be adjud ed against the railroad company. If the judgment of the courts sliall be for the same sum as the award of the referees, then the costs shall be adjudged against the appellant. If the judgment of the court shall be or a smaller sum than the award of the referees. then the costs shall be adjudged against the party claiming damages. When roceed- ¤¤=¤¤¤¤¤¢m¢¤¤- ings have 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 railroad. F¤¤¤¢*¤¤ me Sec. 4. That said rai road company shall not charge the inhabitants of said reservation a greater rate of freight than the rate authorized