Page:United States Statutes at Large Volume 26.djvu/541

 FIFTY-FIRST CONGRESS. Sess. I. Ch. 947. 1890. 487 nation. Costs, including compensation of said referees, shall be com made a part of the award, and be aid by such railroad company. In case the referees do not agree, then any two of them are authorized to make the award. Either arty being dissatisfied with the finding of the referees shall have the right, within ninety days after the making of the award and notice of the same, to a eal by Appmmm award. original petition to the district court of the Territory of Oklahoma having judicial jurisdiction over the lace where the land or some part of the same lies, which court shall have jurisdiction to hear and etermine the subject-matter of the petition, accordin to the laws of the State of Kansas for determining the damage when ropert is taken for railroad purposes. If, upon the hearing of saidlappeali the judgment of the court shall be for a larger sum than the award of the referees, or a sum equal to said award, the costs of said ap- ooscsou appeal. pea] shall be adjud ed against the railroad complany. If the 'udg— ment of the court shall be for a less sum than the award made by the referees, then the costs shall be adjudgled a ainst the party claiming damages, When proceedings shall ave been commenced dworkmaybeciu on in court the rai road company shall pay double the amount of the ,§,°p,°:$_"°‘ d°“M° 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. The supreme po1};rté>falsaiddTemi1;;ory ghall hagphappelatetjurisidic- Appeal from deem. tioninres to the n ju gmen or ecree o e is ric cou in . this sectioliccmentioned. Every appeal shall be taken within sixty dags next after the entry of such judgment or decree. _ mo. 4. That said railroad shall not charge the inhabitants of said Fmigucchnrsw Territory a greater rate of freight than the rate authorized by the laws of the State of Kansas for services of transportation of the same kind: Provided, That passeizger rates on said railroad shall notAWW- exceed three cents per mile._ ongress hereby reserves the right to P¤¤¤¤·¤z¤rr¤¢¤¤.¤rcregulate the charges for fraught and passengers on said railroad and agggmauou cgimghr messages on sa1d telegrgpg andttelep plnerhnei until g griverig- ’°“°“"° ‘ ment or vernments s exis m said err1 ory wi in e 1m1 s of whichgosaid railroad, or a part thereof, shall be located, and then such State government or governments shall be authorized to iix and regulate the cost of transportation of (persons and freights within ‘ their res ctive limits by Said rallroa ; but_ Congfess expressly 1¤¢¤r·¤¤¤·w trnuv reserves tlie right to Hx and regulate at all times the cost of suc °°"°¤°"‘ transportation by said railway or said company whenever such transportation szlilall exmpggom one dgtlatzo mto anplgiejr pir shgll gxtenld mto more an one : 1 -, wever, a e ra e o suc transportation of passengerszl local or interrgzatamshiall npt eziceeg ummm. the rate abovee ressed: An p·romded' u er, a said rai roa company shall cgry the mail at such pridesas Congress may by law mms. provide, and until such rate is fixed by law the Postmaster·General may lix the rate of compensation. _ _ Sec. 5. That said railroad company_shall pay to the Secretary of mg;};}¤:;¤g£bg_9¤m- the Interior, for the beneht of the particular nation or tribes through whose lands said line may be located, the sum of nfty dollars per mile for each mile of road constructed and maintained_11x said Indzan Territory, in addition to compensation_prov1ded for in this act for property taken or damzges done mdivi ual occuipantsby the construction of said railro, said payment to be ma e m installments _ of ive hundred dollars as each ten mdes of road is graded; Provided, P~•~<>·- That if the general council of e1ther of the nations_or_tr1bes through mpg?} by mw whose lands said railroad may be located shall, within four mont S after the Bling of maps of definite location as set forth III section six of thi act, dissent from the allowance herembefore provided for, and shall certify the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nat1o_n or tribe under the provisions of this act shall be determined as provided in section three