Page:United States Statutes at Large Volume 26.djvu/225

 FIFTY-FIRST CONGRESS. Sess. I. Ch. 479. 1890. 17] appoint the time and place for all hearings within the nation to which H€*¤*¤S¤· sa1d_occupant belongs. Each of said referees shall receive for his services the sum of four dollars per day for each day they are en- Compensation. gaiged in the trial of any case submitted to them under this act, with m eage at five cents per mile. Witnesses shall receive the usual Wi¤¤¤¤se¤‘ feesfees a lowed by the courts of said nation; costs, including compen- coe. sation of the referees, shall be made a part of the award and be paid by said railway company. In case the referees can not a ree, then nmgmomont. any two of them are authorized to make the award; eiidier party Aware. being dissatisfied with the finding of the referees shall have the right, within ninety days after making of the award, and notice of the same, to appeal by original petition to the courts of the Indian Ter- Appear. ritory at Moscogee, which court shall have jurisdiction to hear and determine the subject-matter of said etition according to the laws of the State of Kansas providing for dietermining 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 the award of the referees, the costs of said appeal shall be adjud ed Cm °¤ *PP°°*· against the railway compan. If the judgment of the court shall be for the same sum or less than the awar of the referees, then the cost shall be adjudged against the appellant ; when roceedings have been commenced in court the railway company shall pay double the Work nnny proceed amount of the award into court to abide the judgment thereof, and §E,,,‘;§P°“"‘”g d°“b'° 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- might ¢*¤¤¤•¤¤- ants of said Territory a greater rate of freight than the rates authorized by laws of Kansas for Services or transportation of the same kind: Provided, That passenger rates on said railway shall not P*r<¤¤1·<>¤- exceed three cents per mile, Congress reserving the right to regulate P¤¤¤¤¤e¤rmws.¤¤c. the charges for freight and passengers on said railway and messages Rognmion. on said telegraph and telephone lines until a State government shall be authorized to fix and regulate the cost of transportation of persons and freight within its respective limits by said railway company, but Congress expressly reserves the right to fix and regulate at all times the cost of such transportation by said railway company whenever such transportation shall extend from one State into another, or shall extend into more than one State: Provided, however, That M¤*¤¤¤¤¤- the rate of such transportation of passengers, local or interstate, shall not exceed the rates above expressed: And provided further, That said railway company shall carry the mail at such prices as Mw Congress ma by law provide, and until such rate is fixed by law the Postmaster-(general ma Hx the rate of compensation. _ Sec. 5. That said railyway company shall pay to the Secretary of mggfgg>grl#b§·y¤w¤— the Interior, for the beneiit of the particular nation or tribe through ` 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 individual occupants by the construction of the railway for each mile of railway that it may construct in said Territory; said pafyment to be made in installments of one thousand two hundred an ftly dollars as each working section of twentyjnve miles of road is gra ed: Provided, That if the general counc1l of Hman;. either of the nations or tribes through whose lands said railway may Appio;1 by e¤¤<>r¤1 be located shall, within four mont s after Bling of the maps of °°“"° · definite location as set forth in section six of this act, dissent from the allowance 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 for in section  ree for the determination of the compensation to be paid to the individual occupants of lands, with the right of appeal to the courts upon the same conditions, terms, and requirements as therein provided: Provided further,