Page:United States Statutes at Large Volume 25.djvu/83

 FIFTIETH CONGRESS. Sess. I. Ch. 13. 1888. 237 which court shall have jurisdiction to hear and determine the sub 'ectmatter 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 rai road purposes. If upon the hearing of said appeal the judgment of the court shall be for a larger sum than the award of the referees, the costs of said appeal shall be adjudged Um °¤ ¤PP°¤l· against the railway 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. If the judgment of the court shall be for a smal er sum than the award of the referees, then the costs shall be adjudged against the party claiming damages. When OuC°';*§:¤Yj¤;*gg' proceedings have been commenced in court, the railway company uouiiidravgam. 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. ‘ ` Sec. 4. That said railway company shall not charge the inhabit- Fmigm mmsants of said Territory a greater rate of freight than the rate authorized by the laws of the State of Arkansas and Texas for services and transportation of the same kind : Provided, That assenger mm rates on said railway shall not exceed three cents per mile. Con- ` gress hereby reserves the right to regulate the charges for freight s°§jgg”*°'°€**l°°°"* and plassengers on said railway and messages on said telegraph and ` telep one lines, until a State government or governments shall exist in said Territory with 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 trans- · portation of persons and freights within their respective limits by said railway- but Congress expressly reserves the right to Ex and regulate at all times the cost o such transportation by said railway or said company whenever such transportation shal extend from one State into another, or shall exten into more than one State: Provided, however, That the rate of such transportation of passen- Muimum rms gers, local or interstate, shall not exceed the rate above expressed: ‘ ` And provided further, That said railway company shall carry the mail at such prices as Congress may by law provide ; and until such Mwsrate is fixed by law the Posmaster—General may fix the rate of com- _ mo. 5. a said rai wa company s a pay o e ecre ar o 18 A Wm ¤¤¤¤v•>¤· p6S1S3ti0D'Th t d l h ll t th S t f tl ddl ¤¤ Interior, for the benefit cir the particular nations or tribes through °°"°"°°m°°* whose lands the said railway may be located, the sum of fifty dollars, in addition to compensation provided for in this act, for property taken and damages done to inc ividual occupants by the construction of the railway; or 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: Provided, That if the P··<¤·f¤<>$· general council of either of the nations or tribes through whose lands Geuirtziscgmm-mr said rail way may be located shall, within four months after the filing }`,$’Z,°§0, as J,°°§L`{2. of maps of definite location as set forth in section six of this act dis- °·¤°°°· sent from the allowance hereinbefore provided for, 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 paid to the individual occupant of lands, with the right of appeal to the courts upon the same terms, conditions, and requirements as therein dprovided: Provided further, That the amount awarded or adjudge to be paid by said AMN- railway company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the foregoing provision. Said company shall also pay, Rental _ so long as said Territory is owned and occupied by the Indians, to the Secretary of the Interior, the sum of nfteen dollars per annum