Page:United States Statutes at Large Volume 26.djvu/688

 634 FIFTY-FIRST CONGRESS. Sess. I. Ch. 1248. 1890. sum or less than the award of the referees, then the costs shall be wm-k may proceed adjudged against the appellant. When proceedings have been com- "°“*’*° menced in court the railway company shall pay double the amount of the award into the court to abide the judgment thereof and then have the right to enter upon the protperty sought to be condemmed and proceed with the construction o the railroad. Frefshrchnrgee Sec. 4. That said railway company shall not charge the inhabitants of said Territory a greater rate of freight than the rates authorized by laws of Texas for services or transportation of the same kind: Pmvfrvr- mm m Provided, That passenger rates on said rai way shall not exceed three _ ’cents per mile, ongress reserving the right to regulate the charges for freiglht and passengers on said railway and messages on said telegrap and te ephone lines until a State government shall be authorized to fix and regulate the cost of trans ortation 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 trans ortation 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 the rate of such transportation of passengers, local or interstate, shall ummm. not exceed the rates above expressed: And provided fvxrther, That Mails said railway company shall carry the mail at such prices as Congress may by law provide, and until such rate is fixed by law the Post- · master-General may fix the rate of com ensation. Qgggigiygimgomw- Sec. 5. That said railway company shall pay to the Secretary of ` the Interior, for the beneht of the particular nation or tribe throu h whose land said line may be located, the sum of fifty dollars, in addition to compensation dprovided for in this act, for property taken and damages done to in ividual occupants by the construction of the railway for each mile of railway that it may construct in said Territory; said padyments to be made in installments of one thousand two hundred an fifty dollars as each working section of twenty-five mb n ml miles of road is graded: Provided, That if the general council of oougcils, Y g° ° either of the nations or tribes through whose lands said railway may . be located shall, within four months after filing 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 three for the determination of the compensation to be paid to the individual occupants of lands, with the right of appea to the courts u on the same conditions, terms and requirements as therein rovideld: Providedfurfher, That the amount of the award adjudgedp to be paid by said railway com- 0,*0*;;)*** W *50*: uw pany for such dissenting nation or tribe s all be in lieu of the commupensation that said nation or tribe would be entitled to receive under the foregoing provisions; said com any shall also pay, so long as said Territory is owned or occupied lby the lndians, to the Secretary ·*¤¤*°”°¤W· of the Interior the sum of fifteen dollars per annum for each mile of railway it shall construct in the said Territory. The money paid to the Secretary of the Interior under the rovisions of this act shall Ar>v<>¤i¤¤¤¤¤¤*- be apportioned by him, in accordance with the laws and treaties now in force among the different nations and tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Provided, That Congress shall have the right, as long as said lands are occupied and possessed by said =*¤~“¤°¤¤l*¤¤¤¤~ nations or tribes, to im cse such dditional taxes upon said railway as it may deem just and pro r for their benefit, and any Territory or State hereafter formed thfough which said railway shall have been established may exercise the like powers as to such part of said smeyuammaon railway as may be within its limits. Said railway company shall