Page:United States Statutes at Large Volume 27.djvu/365

 338 FIFTY-SECOND CONGRESS. Sess. I. Ch. 329. 1892. award and notice of the same, to appeal by original petition to any district court in the Indian Territory, which court shall have jurisdiction com on appan. to hear and determine the subject-matter of said petition. Ii, upon the hearing of said appeal, the judgment of the court shall be for a larger sum than the award of the referees, the cost of said appeal shall be adjudged against the railway company. lf 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. lf the judgment of the court shall be for a smaller sum than the award of the referees, then the costs deW¤{gn¤¤¥_l>¤si¤{)·;¤ shall be adjudged against the party claiming damages. When proceed- JT:. g °° ° ings have been 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 railway. Freight ¤\¤¤·:¤¤- SEO 4 That said railway 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 Texas for services or transportation of the mvm. same kind: Provided, That passenger rates on said railway shall not £‘,§“;§',§'§,,‘§}`,,_"‘°'* exceed three cents per mile. Congress hereby reserves the right to regulate the charges for freight and passengers on said railway, and messages on said telegraph and telephone 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 treights within their respective limits by said railway; but Congress expressly reserves the. right to fix and regulate, at all times, the cost of such transportation by said railway or said company whenever such transportation shall extend from one State into another, or shall extend into more than one M¤i¤¤m- State: Provided, however, That the rate of such transportadou of passengers, local or interstate, shall not exceed the rate above ex- . nun. pressed: And Pro·vi&dfur&I•er, 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 Hx the rate of compensation. ° °°” "Interior, for the benefit of the particular nations or tribes 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 payments to be made in installments of five hundred dollars as each ten miles of road pmam. is graded: Provided, That if the general counvilof either of the nations (.,,$,{2}f,ffl by "°“°"“l or tribes through whose land 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 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 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: Awami m he an lieu Provided further, That the amount awarded or adjudged to be paid by "“"‘“l’°"""*"’“· said railway company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to re- Aummimumr ceive under the foregoing provision. Said company shall also pay, so long as said Territory is owned and occupied by the Indians, to the Secretary of the Interior the sum of fideen 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 provisions of this act shall be apportioned by him in accordance with the laws and treaties now in force among the different nations and tribes according to the number
 * %ddit¤j;<;¤eL;¤¤r¢¤- Sec. 5. That said railway company shall pay to the Secretary of the