Page:United States Statutes at Large Volume 30.djvu/282

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 18. 1898. 243 being dissatisfied with the finding of the referees shall have the right, within 11inety days after making the award and notice of the same, to appeal by original petition to any district court in the Indian Territory or Oklahoma Territory, which court shall have jurisdiction to hear and determine the subject-matter of said petition. If, upon the hearing of com tuappimm. said appeal, the judgment of the court shall be for a larger sum than the award of the referees, the cost of said appeal shall be adjudged against the railway company. 1f the judgment of the court shall be for the same sum as the award of the referees, then the cost 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 costs shall be adjudged against the party claiming damages. When proceedings have been commenced 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 railway.· Sec. 4. That said railway company shall not charge the inhabitants Freight mm of said Territories a greater rate of freight than is charged by compet- ` ing roads operated in the same territory: Provided, That passenger rmsm. rates on said railway shall not exceed three cents per mile. Congress rmeuger mm. 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 a State government or governments shall exist in said Territories 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 tix and regulate the cost of transportation of persons and freights within their respective limits by said railway; but Congress expressly 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, however, That the rate of Limit. such transportation of passengers, local or interstate, shall not exceed the rate above expressed: And provided further, That said railway com- num mi mail. pany 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. Sec. 5. That said railway company shall pay to the Secretary of the P•ym¤¤¤ to Sccqw Interior, for the benefit of the particular nations or tribes or individ- {,'Z,‘Q,’Q.}’,*Q“,§'{·I‘,}§§'g{Q*,‘f§f,‘{§. uals through whose lands said line may be located, the sum of fifty vf l¤¤•¤*¤k¤¤·¤¤¤· 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, said payments to be made in installments of five hundred dollars as each ten miles of road is graded: Prorided, That if the Promos. _ general council of either of the nations or tribes through whose land ,,?,§“,§’§,'f§;’,{L,},§‘,${,’,_€’,‘,',f,‘Z said railway may be located shall, within four months after the filing of 1>¢¤¤¤¢i<¤¤- 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 in section three for the determination of the compensation to be paid to the individual occupant of lands, with the right of appeal to the courts upon the same terms, conditions, and requirements as therein provided: Provided further, That the amount Ammmt awww to awarded or adjudged to be paid by the said railway company for dis— bxtjjulgg °f °°¤*P°”‘ senting nation or tribe shall be in lieu of the compensation that said °` nation or tribe would be entitled to receive under the foregoing provisions, except as to annual tax. Said company shall also pay, so mmm mma. long as said Territories are owned and occupied by the Indians, to the Secretary of the Interior the sum of fifteen dollars per annum for each mile of railway it shall construct n the said Territories. 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 diiierent nations and tribes according to the