Page:United States Statutes at Large Volume 27.djvu/775

 FIFTY-SECOND oononnss. sms. 11. on. 224. issa. 749 ninety days after the making of the award and notice of the same, to appeal by original petition to the United States district court held nearest the property, which court shall have jurisdiction to hear and determine the subject matter of said petition, according to the laws of the Territory in which the same shall be heard provided for determining the damage when property is taken for railroad purposes. If, upon the hearing of said appeal, the judgment of the court shall be for a °°“"“°""”°‘L larger sum than the award of the referees, 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 against the party claiming damages. When proceedings have been commenced in d W°¥'¥ ¤¤Y.{>¤Zi*;){g court the railway company shall pay double the amount of the award ¤§°£•°$i°°g °° into court be abide the judgment thereot; and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railroad. - Sec. 4. That said railway company shall not charge the inhabitants Fwisbt ¤¤¤¤s¤¤- of said Territories a greater rate of freight than the rate authorized by the laws of the State of Arkansas for services and transportation ot the same kind: Provided, That passenger rates on said railway shall *"'”"’°·’· not exceed three cents per mile. Congress hereby reserves the right *•¤·°¤8·*"•*··- to regulate the charges for freight and passengers on said railway and ,,,f,‘;§_‘}""‘*°“ °‘ messages on said telegraph and telephone lines until a State government or governments shall exist in said Territories within the limits ot which said railway, or a part thereof, shall be located; and then such State government or governments shaH be authorized to iix and regulate the cost of transportation of persons and Heights within their respective limits by said railway; but Congress expressly reserves the right to tix and regulate at all times the cost of such transportation by said railway or said company whenever such transportation shall ex- mfi¤*~¤‘¤¤*~ *¤¤¤v¤*· tend from one State into another or shall extend into more than one °°' State: Provided, however, That the rate of such transportation of pas- Maximumsengers, local or interstate, shall not exceed the rate above expressed: And provided further, That said railway company shall carry the mail MAM- 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. Sec. 5. That said railway company shall pay to the Secretary of the agj;**:j°:*r{‘b€*;f¤P°”· Interior, for the benefit; of the particular nations or tribes through whose lands the said railway 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 Terrifories, said payments to be made in installments of flve hundred dollars as each ten miles of road is graded: I’ro·vided, That if the gen- wma". ‘ Gral council of either of the nations or tribes through whose lands said ,,0$,{’,§f;‘ by “""°"" mliway may be located shall, within tour months after the tiling of maps of detinite location as set forth in section six of this act, dissent from the allowance hereinbetore provided For, and shall certity 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 acm shall be determined as provided in section three for the determination of the compensation to be paid to the individual occupants ot lands, with the right of appeal to the courts upon the same terms, conditions, and requirements as therein provided: Provided further, °fA*'=¤* *°'·9j_¤“°“ That the amount awarded or adjudged to be paid by said railway °° P°°°°°° ' company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the foregoing pmvision. Said company shall also pay, so =¤·¤¤=l¤¤*·*· long as said lands are owned and occupied by the Indians in their present tribal relations and not as citizens of the United