Page:United States Statutes at Large Volume 30.djvu/951

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 225. 1899. 913 cease to be used, such portion shall revert to the Omaha. and Winnebago tribes of Indians from whom the same shall have been taken. Sec. 3. That before said railway shall be constructed through any Damages. lands held by individual occupants according to the laws, customs, and usages of said Omaha and Winnebago tribes of Indians through which it may be constructed, or by allotments under any law of the United States or agreement with the Indians, full compensation shall be made to such occupants for all property to be taken or damage done by reason ot the construction of such railway. In case of failure to make amicable Appl-aim. settlement with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed, one (who shall act as chairman) by the Indian agent of the Government stationed at the agency of the Omaha and Winnebago Reservation, one by the chief of the tribe to which said occupant belongs, or, in case of an allottee, by said allottee or by his duly authorized guardian or representative, and one by said railway company, who, before entering upon the duties of their appointment, shall take and subscribe, before a district judge, clerk of a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment; which oath, duly certified, shall be returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member, after due notice. And upon the failure of either party to make such appointment within thirty days after the appointment made by the President, the vacancy shall be filled by the district judge of any United States court in the. State of Nebraska, upon the application of the other party. The chair- nw-mg., man of said board shall appoint'the time and place for all hearings within the tribe to which such occupant belongs. Each of said referees com. shall receive for his services the sum of three dollars per day for each day he is engaged in the trial of any case submitted to them under this Act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the courts of said State of Nebraska. Costs, including compensation of the referees, shall be made a part of the award, and be paid by such railway company. In case the referees can not agree, then any two are authorized to make the award. Either party Appeal. being dissatisfied with the Ending of the referees shall have the right, within ninety days after making the award and notice of the same, to appeal by original petition to any district court in the Stateof Nebraska, which court shall have jurisdiction to hear and determine the subjectmatter of said petition. If, upon hearing of the appeal, the judgment -c·>m ¤¤. 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. If 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 cost shall be adjudged against the party claiming damages. When proceedings have been commenced in court, the rail- Construction to be way company shall pay double the amount of the award into court to g;f1b‘]ga¥;ya{g*°¤° 0* 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. ' Sm;. 4. That said railway company shall pay to the Secretary of the Additional compen- Interior, for the benefit of the particular tribes or individuals through ¤¤°*°¤- whose lands said line may be located, the sum of fifty dollars, in addi— tion to compensation provided for in this Act, for property taken and damage done to individual occupants by the construction of the railway, for each mile of railway that it may construct in said Omaha and Winnebago Reservation, said payments to be made in installments of one hundred dollars as each ten miles of road is graded: Provided, That if pam";. the general council of either of the tribes through whose land said rail- —*PP°=l- way may be located shall, within four months after the filing of maps of definite location, as set forth in section five of this Act, dissent from vox. xxx--58