Page:United States Statutes at Large Volume 26.djvu/899

 846 FIFTY-FIRST CONGRESS. Sess. II. Ch. 535. 1891. Ap1>¤¤r the making of the award and notice of the same, to appeal by original petition to the district court held at Muscogee, In ian Territory, which court shall have jurisdiction to hear and determine the su - ject matter of said petition, according to the laws of the said State provided for determining the damage when (property is taken for railroad purposes. If upon the hearing of said appea the judgment of the court shall be for a larger sum than the award of the refooscsou appeal. erees, the cost of said appeal shall be adjudged 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 smaller sum than the award of the referees, then the costs shall be adjudged work may proceed against the party claiming damages. When proceedings have been g:,,_·3.,·;¥·¤~¤·¤¤ d°“bl° commenced in court, the railway company 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. might cha.rgBS. Sec. 4. That said railroad company shall not charge the inhabitants of said Territory a greater rate of freight than the rate authorized by the laws of the State of Arkansas for services or trans orta- P*<¤>i¤>¤· tion o the same kind z Provided, That passenger rates on sairl railrsssenger rates way shall not exceed three cents per mile. Congress hereby reserves nemzion. the right to regulate the charges for freight and assengers on said railway and messages on said telegra h and telepdione lines until a State government or governments shall exist in said Territory within 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 transportation of persons and freights within their resppctive limits by said railway; but Congress expressly reserves the right to fix and regulate at all times the cost of suc transportation by said railway or said compan whenever such transportation shall extend from one State into another, or shall Mmmm- extend into more than one State z Provided, however, That the rate of such transportation of passengers, local or interstate`, Shall not exceed the rate above expressed: And providedfwrther, That 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 Postmaster- General may fix the rate of compensation, and said railway company sllrall transport troops and property of the United States free of c argc. Ad°*‘*°¤4* °°*¤P°¤· Sec. 5. That said railwa company shall a to the Secretar of mm m mba the Interior, for the benefit df the particular iladions or tribes throhgh 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 payments to be made in installments of five hundred dol- P··<M¤<¤· lars as each ten miles of road is graded : Provided, That if the gen- Apviegi by zemrnl eral council of either of the nations or tribes through whose lands °°`m° ‘ said railway may be located shall, within four months after the filing of maps of definite location, as set forth in section six of this act, dissent 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 provided : Provided fAwardto be in neu further, That the amount awarded or adjudged to be paid by said ° °°"‘p°"“°'°'°“‘ 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 un er the foregoing provision. Said company shall also pay,