Page:United States Statutes at Large Volume 30.djvu/846

 88 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 65. 1899. referees, shall be made a. part of the award and be paid by the said railway company. In case the referees can not agree, tlnen any two ot them are authorized to make the award. Ammi- Sec. 4. That either party being dissatisiied with the Endings and award of the referees shall have the right, within ninety deys after making the award and notice of the same, to appeal by original peti- —tq dimiqr ¤<>¤rt. tion to the United States district court for the district of the Indian I“°'“" T°""°”" 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—ma.tte1· 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 nmsumofdamages. 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 govern- 'ment of the United States courts in said Ohoctaw and Chickasaw com. nations in such cases. If thejndgmcut 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 comp:-my; and if the judgment of the court shall be for the same 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 walk may begin on costs shall be acliudged against the party taking the appeal. When ' f$};‘;§f"‘g °°““° proceedings shall 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 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 iinal, und shall have the same force and effect as a judgment of a court ot competent jurisdiction. Freightcbargcs. Sec. 5. That said railway company shall not charge the inhabitants of said nations zi greater rate of freight than the rate authorized by the laws of the State of Arkan sus for services or transportation of the Q ,,,- nag. t same kind; l'r¢wi¢Ic¢I, That passenger mtes on said railway shall not _}4};Ti§‘if,Y,[” °" exceed three cents per mile. Congress hereby reserves the right m regulate the ecliznrges for height and passengers on said railway and messages on said telegraph and telephone lines until an State government or governments shall exist in said nations within the limits of which said xuilwny, or :1 part thereof, shall be located, and then such State government or governments shall be authorized to tix and regulate tlne cost of trmispoimtion of persons und Heights within their ‘right to tix and regulate at all times the cost of such tmnsportation bv said railway or said voinpuny whenever such transportation shall -exten•l from one State into another, or shall extend into more than one ~¤¤·¤¤·¤¤¤ wm suite; 1’mz·ided, l¢m¢·ez·er, That the rate of such transportation ofpasseugers, local or interstate, shall not exceed the rate above exnressed: MSM Anal provided jbzrlher, That said railway company 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 tix the rate of compensation. A¢l·lm·•¤=¤l ·¤»¤»p·:¤ Sec. 6. That said railway company shall pay to the Seereturv of the "°""‘ Interior, for the benellt of the particular nations or tribes tlu·on;_¤;li whose lands said line may be located, the sum of fifty dollars in addition to the compensation provided for in this Act, for property taken mul damages done to individual occupants by the construction of the railway for each mile of railway that it may construct in said nations, said payments to be made in installments of five liunclrecl dollars an ggijligjgy gmm eueli ten miles of road is graded: Ifrovided, That if the general council com-n, ot nxuemw. of either the Choctaw Nation or Chickasaw Nation, within tour months
 * m;r··¢¤f~· ¤¤¤¤1>·¤· respective limits of said railway: but Congress expressly reserves the