Page:United States Statutes at Large Volume 27.djvu/551

 FIFTY-SECOND CONGRESS. Sess. II. Ch. 188. 1893. 525 additional grounds where there are heavy cuts or iills as may be neces— sary for the construction and maintenance of the roadbed ; not exceeding one hundred feet in width 0n each side of said right of way, or as much thereof as may be included in said cut or iill: Provided, That no more Pr<>qi·m than said addition of land shall be taken for any one station: Proridcd Lum' further, That no part of the lands herein granted shall be used except Not to be used for in such manner and for such purposes only as shall be necessary for the °“‘°" *""l’°*’*’*· construction a.nd convenient operation of said railroad, telegraph, and telephone line and when any portion thereof shall cease to be so used Rvversicu. such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. Sec. 3. That, before said railway shall be constructed through any Dmages. lands held by individual occupants according to the laws, custom, and usages of any of the Indian nations or tribes through which it may be constructed, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such railway. In case of failure to make amcable settlement with any occupant, such compensation shall be determined by the appraisement Arpraisemom. of three disinterested referees to be appointed by the President, who, R¤¤>r¤¤s· before entering upon the duties of their appointment, shall take and subscribe before competent authority an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award. In case the referees Di¤*gm¤¤¤¤¢- can not agree. then any two of them are authorized to make the award. Aww- Either party being dissatisfied with the finding of the referees shall A¤r•==¤1· have the right, within ninety days after the making of the award and notice of the same, to appeal by original petition to the courts, where the case shall be tried de—novo. When proceedings have been commenced in court the railway company shall pay double the amount of the award i11to court to abide the judgment thereof, and then have the d Work may begin on right to enter upon the property sought to be condemned, and proceed ,$,’§T"'g d°“m° with the construction of the railroad. Each of said referees shall receive compensation of for his services the sum of tour dollars per day for each day they are '°f°’°"· engaged in the trial of any case submitted to them under this act, with mileage at five cents per mile. "Witnesses shall receive the usual fees lVituess rm. allowed by the courts of said nations. Costs, including compensation Costs of the referees, shall be made a part of the award and be paid by such railroad company. Sec. 4. That said railway company shall not charge the inhabitants Y**‘*%*** *‘*·¤*S¤¤· of said Territory a greater rate of freight than the rate authorized hy the laws of the State of Texas for services or transportation of the same kind, provided that passenger rates on said railway shall not exceed P~vi~¤#· three cents per mile. Congress hereby reserves the right to regulate *'*‘”*"“==}“' '"'"”· the charges for freight and passengers on said railway and messages R“*"l""°"‘ 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 iix 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 State: Provided, how- ¤=¤*¤·¤¤¤· ever, That the rates of such transportation of passengers, local or inter· State, Shall not exceed those above expressed; And prorided _/`urther, Mails 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 tix the rate of compensation. SEQ 5. That said railway company shall pay to the Secretary of the S3;§Q,fQfj{‘1§‘,fe;°mP°“‘ 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