Page:United States Statutes at Large Volume 28.djvu/260

 FIFTY-THIRD CONGRESS. SEss. II. Ch. 215. 1894. 231 limits by said railway, but Congress expressly reserves the right to lix and regulate at all times the cost of all transportation by said railway or said company wherever such transportation shall extend from one State into another or shall extend into more than one State: Provided, however, That the rate of such transportation of passengers, local or Maximum. interstate, shall not exceed those above expressed: And provided jurther, That said railway company shall carry the mail at such price as Mws- Congress may by law provide, and until such rate is Hxed by law the Postmaster-General may hx the rate of compensation. Sec. 5. That said railway company shall pay to the Secretary of the P¤n¤¤¤¤* wvilwc- Interior, for the benefit of the particular nations or tribes through whose lands said railroad may be located, the sum of fifty dollars, in addition to compensation provided for by this Act for property taken or damaged 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 company shall also pay, as long as said Territory is A¤¤¤¤1r¤¤¤¤1. 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 may construct in said Territory. The money paid to the Secretary of the Interior under the provisions of this Act shall be apportioned by him in c0j;{g’°***°¤i¤¤ ¤>- accordance with the laws and treaties now in force among the difterent ` nations and tribes, according to the number of miles of railway that may be constructed by said railway through their lands: Provided, {QQ3M- That Congress shall have the right, so long as their lands are occupied ` and possessed by such nations and tribes, to impose such additional taxes upon said railroad as it may deem just and proper for their benetit: Provided further, That if the general counsel of either of the nations w·;{’g‘f;* b' g°‘°”* or tribes through whose lands said railway maybe located shall, within four months after the hling of maps of definite location, as set 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 compensations to be paid to such dissenting nation or tribe under the provisions provided under this Act shall be determined as provided in section three for the determination of the compensation to be paid to _ the individual occupant of the 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 of·§§',Q{,‘§D?:g§’,§;'['*“°‘ be paid by said railroad 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 provisions of this section. Nothing in I this Act shall be construed to prohibit Congress from imposing taxes I“"""’"‘ upon said railroad, nor any Territory or State hereafter lbrmed through which said railway shall have been established from exercising the same power as to such part of said railway as may lie within its limits. Said railway shall have the right to survey and locate its railway imme· S""°’·°°°·— diately 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 allot “g°""°"*°f““°"°°‘· tee 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 way passing over or through any such allotted lands until the compensation herein provided for shall be hxed and paid. _ Sec. 6. That said railway company shall cause maps showing H10 M“¥’“*°"°‘“°"‘ route of its located line through said Territory to be filed in the office of the Secretary of the Interior, and also to be filed in the office of the principal chief of each of the nations or tribes through whose lands said railway may be located; and after the tiling of said maps no claim tor subsequent settlement and improvement of right of way shown by said