Page:United States Statutes at Large Volume 32 Part 1.djvu/111

 FIFTYSEVENTH CONGRESS. Sess. I. Ch. 134. 1902. 45 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. Srzc. 4. That said railway company shall not charge the inhabitants F’°*¥h*°h“’g°S· of said Territory a greater rate of freight than the rate authorized by the laws of the Territory of Oklahoma for services or transportation of the same kind: Provided, That passenger rates on said railway shall m, mM_ not exceed 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 Territory within the limits of which said railway, or a part thereof, shall be located; and then such R°¤“1’m°‘“· State government or governments shall be authorized to fix and regulate the cost of transportation of persons and freights within their respective limits by said railway; but Congress expressly reserves the rig t to tix 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, Icowovor, That the rate of such transportation of pas- Mmm '““ sen rs, local or interstate, shall not exceed the rate above expressed: AndBpro·vided_fzzMhm·, That said railway company shall carry the mail M¤i1¤- 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¤Y¤¢¤**¤¤¤•¤ Interior, for the benent of the particular nations or tribes through whose lands said main line and branches may be located, the sum of fifty 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 Territory, said payments to be made in installments of five hundred dollars as each ten miles of road is graded: Provided, That if f,“g;jj’j*·by gum, the general council of said nations or tribes through whose lands said c<>¤nci1,erc. vrailway may be located or the principal executive officer of the tribe if the general council be not in session shall, within four months after the filing of maps of definite location, as set forth in section six of this Act, dissent from the allowances provided for in this section, and shall certify the same to the Secretary of the Interior, then all compensation to be paid tosuch 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 uipon the same terms, conditions, and requirements as therein provided: Provided _ further, That the amount awarded or adjudged to be paid by said rail- ,,,,$,‘;,‘g,“_},‘_§,,_"'“ °* way company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive ' under the foregoing provisions. Said company shall also pay, so lon A¤¤¤¤1 ¢¢¤¤¤· as said Territory is owned and occupied b the Indians in their tribad relations. to the Secretary of the Interior the sum of fifteen dollars per annum for each mile of railway it shall construct in said Territory. The money paid to the Secretary of the Interior under the provisions` APv<>¤i¤¤m¤¤*~ of this Act shall be apportioned by him in accordance with the laws and treaties now in force between the United States and said nations or tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Promded, _ That Congress shall have the right, so long as said lands are occupied and T“““°“· possessed by said nation or tribe, to impose such additional taxes upon said railway as it may deem just and proper for their benefit; and apy Territory or State hereafter formed through which said railway sh have been established may exercise the like power as to such part of