Page:United States Statutes at Large Volume 27.djvu/492

 466 FIFTY-SECOND CONGRESS. Sess. II. Ch. 144. 1893. Y¤¤¤°¤¤¤* ¤*¤¤- same kind, provided that passenger rates on said railway shall not exceed three cents per mile. Congress hereby reserves the right to reg- ¤¤z¤1•¢i¤¤¤- ulate the charges for freight and passengers on said railway and mes- ' sages 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 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 freight 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 1’vM»v•- one State into another or shall extend into more than one State: Pronnnmm une vided, however, That the rates of such transportation of passengers, local or interstate, shall not exceed those above expressed: And pro- 1¤¤•· vided further, 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. Addwnmsl umm- Sec. 5. That said railway company shall pay to the Secretary of the '“"°“ *° °""°" Interior, for the benefit of the particular nations or tribes through whose lands said railway may be located, the sum of fifty dollars, in addition to compensation provided for by this act for property taken or damage done 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 is graded. Said Aww r»¤y¤¤¤*¤· company shall also pay, as long as said Territory is owned and occupied by the Indians, to the Secretary 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 provisions of this act shall be apportioned by him, in accordance with . the laws and treaties nowin force among the different nations and tribes according to the number of miles of railway that may be constructed h••i•¤•. by said railway company through their lands: Provided, That Congress ¤·”**¤¤l*•¤·•· shall have the right, solong as their lands are occupied and possessed by said nations and tribes, to impose such additional taxes upon said railroad as it may deem just and proper for their benefit: Provided $$1 by z¤¤m·¤ further, That if the general council of either of the nations or tribes through whose lands said railway may be located shall, within four months after the filing of maps of definite location as et forth in section six of this act, dissent from the allowances 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 land, with the right to appeal to the courts upon the same terms, conditions, and requirements as herein provided: Provided further, That the amount awarded or adjudged to be paid by A,,,,,; w ,,, ,,1,,,, said railway company for said dissenting nation or tribe shall be in lieu. ¤f¤¤¤·1>¤¤•¤¤¤· of the compensation that said nation or tribe would be entitled to receive under the provisions of this section. Nothing in this act shall be rumen. construed to prohibit Congress from imposing taxes upon said railway, nor any Territory or State hereafter formed through which said railway shall have been established from exercising the like power as to such part of said railway as may lie within its limits. Said railway company shall have the right to survey and locate its railway immediraymenmrutasss. ately after the passage of this act: Provided further, That if said right of way shall pass over or through any land allotted to an Indian in accordance with any law or treaty it shall be the duty of the Secretary of the Interior to provide for obtaining the consent of such allottee or allottees to said right of way and to fix the amount of compensation to be paid such allottees for right of way and for damages sustained by them by reason of the construction of the road; but no right of any kind shall vest in said railway company to any portion of said right of