Page:United States Statutes at Large Volume 29.djvu/71

 FIFTY-FOURTH CONGRESS. Sess. I. Ch. 38. 1896. 4] day they are engaged in the trial of any case submitted to them under this Act. Witnesses shall receive the usual fees allowed by the courts 01 said Choctaw Nation. Costs, including compensation of the referees, slmll be made a part of the award aud be paid by said railway company. Sec. 4. That said railway company shall nots charge the inhabitants Freight ¤1¤¤rz¤¤· of said '1‘erritm·y a greater rate of freight than the rate authorized by the laws ut the State of Arkansas for services or transportation of the same kind: Provided, That the passenger rates 0n said railway shall {,';::;;**érnm not exceed three cents a. mile. Congress hereby reserves the right to mgnniimi. ` regulate the charges for freight and passengers on said railway and messages cn said telegraph and telephone lines until a State government shall exist in said Territory, within the limits of which said railway or part thereof shall be located, then such State government shall be authorized to iix and regulate the cost of transportation of persons and freight within their respective limits by said railway. Congress expressly reserves the right to iix and regulate at all times ufQ_§‘°‘“‘° *’““°*""‘ tha cost of all transportation by said railway whenever such transpor _ tation shall extend into more than one State: Provided, however, That M°"""‘"“ ’“‘°°· the rata of such transportation of passengers, local or interstate, shall ~ nut. exceed those above expressed: A»nd_ provided further, That said M°“°- railway company shall carry the mail at such price as Congress may _ by law provide, and until such rate is fixed by law the Postmaster- General may tix the rate of compensation. _ _ Sec.  That said railway company sha-ll pay to the Secretary of the C,j{,;*g‘j,°§‘§i°l;fY "’ Interior, for the beneiit of the Choctaw Nation, through whose lands said railway may be located, the sum of fifty d0lla,rs, in addition to the 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 payment to be made in installments of · five hundred dollars as ea:-h ten miles of road is graded. Said com- A¤¤¤¤*’°¤*¤*· pany shall also pay, as long as said Territory is owned and occupied by the Indians in common, 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 paid over to the Choctaw Nation: Provided, That Congress shall have the right, so long as their lands are zgvjggésl mu occupied or possessed by the citizens of the Choctaw Nation in com- ` mon, to impose such additional taxes upon said railway as it may deem A I N just nnd proper for their beneiit: Providcdfurther, That if the general Wn2H by g°°° council of the Choctaw Nation shall, within two mouths after the filing 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 compensation to be paid to said Choctaw Nation under the provisions provided in this Act shall be determined as provided in section three for the determination of the compensation in he paid to the individual occupants of the land, with the right to appeal to the courts upon the same terms, conditions, ' and requirements as therein provided: Provided further, That the of·¥dj't}°;$af’;;j;3_“°“ ummmt awarded or adjudged to be paid by said railway company to said Choctaw Nation shall be in lieu of the compensation the said nation will be entitled to receive under the provisions of this section. N oth- T"““°‘· ing in this Act shall be construed to prohibit Congress from imposing taxes upon said railway, or any Territory or State hereafter formed through which said railway shall have been established, from exercising the mine power as to such part of said railway as may lie within its limits. Said railway ecuipamy shall have the right to survey and locate S“"°Y·°°°· its railway immediately after the passage of this Act: Premided, how- C0 t {mom"- erer, That if said right of way shall pass over cr through any land "“°' ° allotted tu an Indian in acrordance with any law ur treaty, it shall be me duty of the Secretary of the Interior to provide for obtaining the mnsent of said allottee 01* aliottees to said right of way, and to tix the winnmnt of compensation to be paid said allottevs {br the right of way