Page:United States Statutes at Large Volume 30.djvu/1408

 1370 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 453. 1899. -4-1>1»¤¤1.¤t¤· Sec. 4. That either party, being dissatisfied with the findings and award of the referees, shall have the right, within sixty days after the filing of the award as hereinbefore provided, and notice of the same, to appeal by original petition to the United States district court for the district of the Indian Territory sitting at the place nearest and most convenient to the land and property which is sought to be condemned; and said suit shall then proceed for determining the damage done to the property in the same and like manner as other civil actions in the said court. The said court shall have jurisdiction to hear and determine the subject-matt er of said petition, and the same shall be heard and determined by said court in accordance with the laws now in force or hereafter enacted for the government of said court; and the measure of damages in condemning property authorized by this Act shall be that prescribed by the laws of the State of Arkansas, in so far as the same are not inconsistent with the laws now in force or hereafter enacted for the government of the United States courts in said Choctaw and Creek 0****- nations in such eases. If the judgment of the court shall be for a larger sum than the award of the referees, the costs of the litigation shall be adjudged against the railway company; and if the judgment of the court shall be for the same as the award of the referees, then the costs shall be adiudged against the appellant. If the judgment of the court shall be for a smaller sum than the award of the referees, 0D“f,*§k gg digi: then the costs shall be adjudged against the appellee. When proceedtwnalmi ings shall have been commenced in court, the railway company _ hall ` pay double the amount of the award into court to abide the judgment thereof, and then shall have the right to enter upon the property sought to be condemned and proceed with the construction of the railroad and telegraph and telephone line. If such appeal is not taken as hereinbefore set forth, the award shall be conclusive and final, and shall have the same force and effect as a judgment of a court of competent jurisdiction. - °'°"*"¢'· SEO. 5. That said railway company is authorized, and hereby given the right, to connect or cross with its tracks the tracks and railroad of any other company or person owning or operating a railway in the said Choctaw or Creek Nation. In case of failure to make amicable settlement with any such corporation or person for such crossing, such compensation shall be determined in the same manner as hereinbefore provided for determining the compensation for land and other property . taken and damaged. "°**"'* °’“'¥°* SBC. 6. That said railway company shall not charge the inhabitants of said nations a greater rate of freight than the rate authorized by the laws of the State of Arkansas for services or transportation of the same QQ-r nm kind: Provided, That passenger rates on said railway shall not exceed nsgungiim. 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 shall exist in said nations within the limits of which said railway, or a part thereof, shall be located, and then such State government or governments shall be authorized to fix and regulate the cost of transportation of persons and freights within their respective limits of _ said railway: but Congress expre sly reserves the right to fix and regulate at all times the cost of such transportation by said railway or said company whenever such transportation shall extend from one State into another, or shall extend into more than one State: Provided, hown{·"imi•= rssnnzvr ever, That the rate of such transportation of passengers, local or inter- ‘ state, shall not exceed the rate above expressed: And prooidcdfurthor, um. That said railway company shall carry the mail at such prices as Congress may by law provide; and until such rate is iixed bylaw the Postmaster-General may fix the rate of compensation. axgmmm- SEQ. 7. That said railway company shall pay to the Secretary of the Interior, for the beneiit of the Choctaw Nation and Creek Nation, respectively, the sum of fifty dollars in addition to the compensation provided for in this Act, for property taken and damages done to indi-