Page:United States Statutes at Large Volume 28.djvu/53

 24 FIFTY-THIRD CONGRESS. Sess. II. Ch. 9. 1893. cm. shall receive the usual fees allowed by the courts of said nation; costs, including compensation of the referees, shall be made a part of the award and be paid by said railway company. In casethe referees can not agree, then any two of them are authorized to make the award; either party being dissatisfied with the finding of the referees shall have the right within ninety days after making of the award, and nppu. notice of the same; to appeal by original petition to the courts of the · Indian Territory at Muscogee, or to the courts which have jurisdiction over the respective Indian reservations which courts shall have jurisdiction to hear and determine the subject-matter of said petition according to the laws of the State of Kansas providing 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 com 0.. .pp..i. larger_sum than the award of the referees, the costs of said appeal shall be adjudged against the railway company. If the judgment of the court shall be for the same sum or less than the award of the referees, then the cost shall be adjudged against the appellant unless the judgment of the court shall be for the railroad company, in which case the wax my proceed cost shall be against the claimant; when proceedings have been com-
 * j,P°’*" °' "°“"l° menced 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 railroad. magna erm-ps. Sec. 4. That said railway company shall not charge the inhabitants . ,of said Territories a greater rate of freight than the rates authorized. · by laws of Kansas for services or transportation of the same kind: rmuw. Provided. That passenger rates on said railway shall not exceed three ’“"°"*"’ "'*‘°’·'°“· cents per mile, Congress reserving 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 shall be authorized to fix and regulate the cost of transportation of persons and freight within its respective limits by said railway company, but Congress expressly reserves the right to fix and regulate at all times the cost of such transportation by said railway company whenever such transportation shall extend from,one State into another, or shall extend into more than one unamum. _ State: Provided, hmvever, That the rate of such transportation of pas- ‘ sen gers, local or interstate, shall not exceed the rates above expressed: mms. And provided 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. xiimuemi mms. Sec. 5. That said railway company shall pay to the Secretary of the •·'·*°° '° “'"’°°· Interior, for the benefit of the particular nation or tribe 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 Territories through Indian lands; said payment to be made in installments of one thousand two hundred and fifty dollars as each working section of twenty-five rrmm. miles is graded: Provided, That if the general council of either of the coggjgtfl "Y $°“°"“ nations or tribes through whose lands said railway may be located shall within four months after filing of the 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 for in section three for the determination of the compensation to be paid to the individual occupants of lands. with the right of appeal to the courts upon the same conditions, terms, and requirements as therein cfémgiuzgzgu kw provided: Provided further, That the amount of the award adjudged to ' be paid by said railway company for such dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be A¤¤¤¤l¤¤¤¤l· entitled to receive under the foregoing provisions; said company shall also pay, so long as said Territory is owned or occupied by the Indians,