Page:United States Statutes at Large Volume 29.djvu/118

 88 FIFTY-FOURTH CONGRESS. Sess. I. Ch. 93. 1896. occupants for all property to be taken or damages done by reason of the Ap mmm. construction of such railway. In case of failure to make amicable set B•g°¤ tlement with any occupant such compensation shall be determined by the appraisement of three disinterested persons or referees, to be appointed, one, who shall act as chairman, by the President, one by the chief of the nation to which said occupant belongs, or in case of an allottee, by said allottee or by his duly authorized guardian or legal representative, and one by said railway company, who, before entering upon theduties of their appointment, shall take and subscribe, before a district judge, clerk of the district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certilied, shall be_ returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member after due notice; suusmemenan- and upon the failure of either party to make such appointment within "°°"““’°i"t' . thirty days after the appointment made by the President, the vacancy · shall be filled by the district judge of the court held at Fort Smith, innings- Arkansas, upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings within the o¤mp¤¤.¤u¤¤,m. nation to which the occupant belongs. Each of said referees shall receive for his services the sum of tour dollars per day for each and every da they are engaged in the trial of any case submitted to them Y . . . . can under this Act, with mileage of live cents per mile. Witnesses shall be allowed the usual fees allowed by the courts of said nation. The costs, · including the compensation of the referees, shall be made a part of the award, and to be paid by said railway company. In case t31e refegeels can not agr then two of them are authorized` to make e aw . have the right, within ninety days after the making of the award and notice of the same, to appeal by original petition to the district court for the northern division of the Indian Territory exercising jurisdiction over the territory in which the lands sought to be condemned are situate, which court shall have jurisdiction to hear and determine the subjectmatter of said petition according to the laws of the State of Arkansas providing for the determining of damages when property is taken for comes BPD9d- railway purposes. Ii, upon the hearing of said appeal, the judgment of ' the court shall be for a larger sum than the awards 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 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 cost shall be adjudged against the party claiming mW¤·‘¥h;¤·>h xg}: damages. When proceedings have been commenced in court the rail- ¤¤i·°e°.y g way company shall pay double the amount of the award into court to abide the judgment thereof, and then have the rightto enter upon the property sought to be condemned and proceed with the construction of the railway. rmgu¤c¤n-ga. Sec. 4. That the said company shall not charge the inhabitants of said Territory a greater rate of freight than the rate authorized by the laws of the State of Arkansas for services or transportation of the {_>mnm. same kind: lvorideal, That the passenger rate shall not exceed three R$f,§§§,Qf,Y"“" cents per mile. Congress hereby reserves the right to regulate the charges for freight and passengers on said railway and of messages on said telegraph and telephone lines until State governments are formed and shall exist in said Territory within the limits of which said railway, or a part thereof, shall be located, and then such State government shall be authorized to hx and regulate the cost of transportation of persons and freight 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 company whenever such _ transportation shall extend from one State into another, or shall extend ”·*¤¤***¤*· into more than one State: Pr0·vi<7e¢I, That the rate of such transportation
 * 1’P°'·‘*· Either partyge, being dissatisfied with the findings of the referees shall