Page:United States Statutes at Large Volume 30.djvu/856

 818 FIFTY—FIFTH CONGRESS. Sess. III. Ch. 88. 1899. damages 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-matter 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 ior the government of said ueuureofdnmagos- 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 cms courts in said Choctaw and Chickasaw nations in such cases. If the judgment of the court shall be for a larger sum than the award of the referees, the cost 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 referee, then the costs shall be adjudged against the went my begin on party claiming damages. When proceedings shall have been comj;P$”‘”¤ "““"'° menced 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 railway and telegraph and telephone lines. lf 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 ajudgment of a court of competent jurisdiction. crossing the men Sec. 5. That said railway company is authorized and hereby given ¤¤" 0****** ’°**"°· the right to connect or cross with its tracks the tracks and railroads of any other company or person owning or operating a railway in the said Choctaw and Chickasaw nations. ln 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. might ensues. Sec. 6. That said railway company shall not charge the inhabitants of said nations a greater rate of freight than the rate authorized hy the laws of the State of Arkansas for services or transportation of the same mater. kind: Provided, That passenger rates on said railway shall not exceed _;·;j;;§;;;**°¤· 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 tix and regulate the cost of transportation of persons and fieights within their respective limits ..i,.tmm, ti-mp..r. of said railway; but Congress expressly reserves the right to hx and °¤¤°¤· regulate at all times the cost of such transportation hy said railway 0;- said company whenever such transportation shall extend from one State -¤nmmum me-·. into another or shall extend into lll0l'0 than one State: Provided, however, That the rate of such transportation of passengers, local or intermsn. state, shall not exceed the rate above expressed: And provided further That said railway company shall carry the mail at such price`as Con; gress may by law provide, and until such rate is fixed by law the 1’ostmaster-General may tix the rate of compensation. miiiitiiinai conipen- Sec. 7. That said railway company shall pay to the Secretary of the “"""“· Interior, tbr the benetit of the Cb0d3W and Chickasaw nations the sum of fifty dollars, in addition to the 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 nations, said payment to be made in installments of tive Provi-mi. hundred dollars as each ten miles is gfadcdt Provided That if the eu- ., ·*"?"“l·*’X “"“'“”‘Tl eral council of the Choctaw and ChickasawI ‘ g ..i»in..ii ti tribes. ti. . _ nations, within four months after the tiling of maps of definite location, as hereinbefore set forth dissents from the allowance hereinbefore provided for and shall certify the same to the Secretary of the Interior, then all compensation to be paid to said nations under the provisions of this Act shall be deter- .¤»ui·. pm. mined as provided in section three for the determination of the com-