Page:United States Statutes at Large Volume 29.djvu/534

 504 FIFTY-FOURTH OQQQGRESS. Sess. I1. On. 198. l897. States, the vacancy shall be Hlled by the Secretary of the Interior. H“'*"¢°· The chairman of said board shall appoint the `time and `place tbr all °°'¤P•¤¤¤*·*°¤·°*¤=· hearings within the nation to which said occupant belongs; Each of said refereesshall receive for his services the sum of four dollars per day for cachday they are engaged in the trial of any case submitted to them under this Act, with mileage at the rate of live cents per mile. Witnesses shall receive the usual fees allowed by the United States °°'*‘· courts for the Indian Territory. Costs, including compensation of referees, shall be made a part of the award, and shall be paid by said railroad company. In case the referees can not agree, then any two of A1>r•¤r them are authorized to make the award. Either party being dissatisiied with the findings of the referees, shall have the rigl1t,'within ninety days after the making of the award; and notice of the same to the Secretary of the Interior, to' appeal by original petition to the United States district court for the Indian Territory having jurisdiction. !'¤is¤¢ ¤l=¤‘=••· Sec. 4. That the said railroad company shall not charge the inhabitants of said’Territory a greater rate for treight than is authorized by _ the laws of the State of Arkansas for services or transportation of the {wg, ,,,,,,,_ same kinds: Provided, That passenger rates on `said `railroad shall not ¤¤s¤1¤¤¤¤¤ exceed three cents per mile. Congress hereby reserves 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 or governments sh all exist in said Territories, and then such State government or governments `shall be authorized to hx and regulate the eostof transportation of persons aud‘freight within their respective limits; but Gongress expressly ’reserves*tlie right to ll: and regulate at SIP times the cost df suc’li‘t1‘anspo?rtatid1i by’said' railway company whenmdmm mu ever such transportatidn shiill extémffrom one State into another or _  shalleatend into more than one'S’taté!*Prd·hfidcd] hb°gvevc·r,· ‘£liat the mm rate of suelr transportation of passengers, Ideal of interstate, ball not ' exceed the rate above expressedé Andprvridédfporlhef, Than sand railroad company shall carry the mail at such prices as Congress may by law provide, and until such rate is iixedbylaw the Postmaster>Gcneral _ may iix the rate of compensation. ‘ ` P’*¥'”““* *” mm- Sec. 5. That said railroad company shall pay to the Secretary of the Interior, for the benefit of the particular nations or tribes through whose lands said railway may be located, the sum of seventyfive dollars, in addition to compensation provided in this Act, for property taken and damages done to individual occupants by reason of the construction of the railway, lor each mile of railway that it may construct in the Indian Territory, said payments to be made in installments of _ seven hundred and fifty dollars as each ten miles of road is graded: Z,°,@§"‘,,,. $,,,,,,1 Provided, That if the general council of either of the nations or tribes •¤¤¤¤i1¤- through whose lands the railway may be located, within four months after the filing of maps of definite location as set forth in section six of this Act, dissent from the allowance hereinbefore provided for, and shall certify the same to the Secretary of the Interior, then the compensation to he paid to such dissenting nation or tribe under the provisions of this Act for right of way shall be determined as provided in section three for the determination of the compensation to be aid to ,,,:,';§','§{,£‘,_"°" °f individual occupants of lands under tribal custom: Provided jgwfhcr, That the amount awarded or adjudged to be paid by said railroad company to 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 provision, except as to annual tax. Said company shall also pay, so long as said Indian Territory is owned and occupied by the Indians, to the Secretary of the Interior the sum of twenty dollars per annum for each mile of railway it shall construct in the said Territory. The money paid to the Secretary of the Interior under the provisions of this Act shall be apportioned by him in accordance with the laws and treaties now in force among the ditferent nations and tribes, according to the number of miles of railway that may be constriwtesl by said T¤=***°¤· railroad company through their lands respectively: Provided, That,