Page:United States Statutes at Large Volume 26.djvu/239

 FIFTY-FIRST CONGRESS. Sess. I. Ch. 638. 1890. 185 make amicable settlement with any occupant, such compensation shall be determined by the appraisement of three disinterested A¤P¤*¤~¢¤¤¤¤¤· referees, to be appjointed, one (who shall act as chairman) by the R¢f¤¤>¤¤- President of the nited States, one by the chief of the nation to which said occupant belongs, and one by said railway company, who, before entering ufpon the duties of their appointments, shall take ° and subscmbe, be ore a district jud e, clerk of a district court, or United_States_ commissioner, an oatli that they will faithfully and Omrimpartialliy discharge the duties of their appointments, which oath, du y certi ed, shall be returned with their award to and filed with the Secretaiéy of the Interior within sixty days from the completion thereof; an a majority of said referees shall be competent to act in the case of the absence of a member, after due notice. And upon suwnuqosoursnthe failure of either party to make such appointment within thirt “'"°""°“‘*‘ days after the appointment made by the President, the vacancy shall . be filled by the istrict judge of the court for the western district of Arkansas, or the district court of Kansas, igpon the application of the other party. The chairman of said boar shall appoint the time and place or all hearings within the nation to which said occupants Harman belong. Each 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 °°¤¤P¤¤¤¤¤¤¤- any case submitted to them under this act, with mi eagle at five cents per mile. Witnesses shall receive the usual fees a owed by the Wi¤¤¤¤¤¤¤’ lm courts of said nation. Costs, including compensation of the ref- com erees, shall be made a part of the award and be paid by said railway company; In case the referees can not agree, then any two of m¤¤8¤*¤¤¤¤*~ them are authorized to make the award. Either party being dissat· Awwisfied with the Ending of the referees shall have the right, within ninety days after making of the award and notice of the same, to appeal by the original petition to the United States court at Mus- Appealcogee, Indian Territory, which court shall have jurisdiction to hear and determine the subject matter of said petition according to the laws of the State of kKan;as prcivideid for determépipg the dz-énage when ro rt is ta en or rai roa ur es. en roc ings Work my proceed have beeffecgmmenced in court the prailwlay com anyp shall pay  °°“"l° double the amount of the award into court to abidb the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with construction of the railroad. Sec. 4. That said railway Company shall not charge the inhabit- F¤¤¤s¤¤¢¤•¤z¤·· ants of said Territory a greater rate of freight than the rates authorized by the laws of the State of Kansas for services or trans- _ portation of the same kind: Provided, That passenger rates on said **°*’··*°•· railway shall not exceed three cents per mile. Congress hereby re- Pnwnser nmew. serves the right to regulate the charges for freight and pessengers mguumon. on said railway, and messages on said telegraph and telep one lines until a State government s all be authorized to fix and regulate the cost of trans ortation of persons and freight within its respective limits by said railwa ; but Congress expressly reserves the right to fix and regulate at alftimes the cost of such transportation by said railway or said company whenever such trapsiportation shall extend from one State into another, or shall extend in o more than one State: Provided, however, That the rates of such transportation of passen- maximum. gGI’S, local or interstate, shall not exceed the rates above expressed: And provided fu»rlher, That said railwaly company shall carry the ¤¢¤¤¤- mail at such prices as Congress may by aw provide, and until such rate is fixed by law the Postmaster General may fix the rate of comnsation. P9S1:o, 5, That said railway company Shall pay to the Secretary of néggigcnu componthe Interior, for the benefit of the particular nations or tribes through hn'"` 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