Page:United States Statutes at Large Volume 23.djvu/99

This page needs to be proofread.

FORTY-EIGHTH CONGRESS. Sess. l. Ch. 177. JSS4. 7] three cents per mile. Congress hereby reserves the right to regulate the ¢·liargcs for freight and passengers on said railway and messages on said telegrapli 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 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 right to iix 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 houever that the rates of such transportation of passengers local or interstate shall not exceed those above expressed and provided further, That said Railway company shall carry the mail at such prices _ Rates for carry- as congress may by law provide and until such rate is fixed by law the mg U- S- '“'“l'· Postmaster General may iix the rate of compensation. Sec. 5. That said railway company shall pay to the Secretary of the ?¤ym¤nt_¤ per Interior, for the benefit of the particular nations or tribes through md"m$’fm§“'1'°“d whose lands said railway may be located, the sum of nfty dollars in ad- °°°° ° ' dition to compensation provided for by this act for property taken or damage done by the construction of the railway for each mile of railway that it may construct in said Territory, said payments to be made in instalments of five hundred dollars as each ten miles of road is graded. Said company shall also pay, as long as said Territory is 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 in the said - Territory. The money paid to the Secretary of the Interior under the S¤¤¤>*==¤¤jY Qf I¤- provisions of this act shall be apportioned by him, in accordance with *‘£;’;e*jl‘;’d;:&f‘b“‘° the laws and treaties now in force among the different nations and P ' tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Provided, That Congress shall have the right, so long as said lands are occupied and possessed by said nations and tribes, to impose such additional taxes Ad d i ti o n al upon said railroad as it may deem just and proper for their benefit; ¢=·¤¤¤- Prvmided further. That if the general council of either of the nations p,·,,;,,_ or tribes through whose lands said railway may be located 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 Inte- _ _ rior, then all compensation to be paidto such dissenting nation or tribe Compensationto under the provisions of this act shall be determined as provided in sec- ¤¢=<=¤P¤9¤¤¤fl¤¤¤}i¤; tion three for the determination of the compensation to be paid to the hq" Pmdi P"‘"”"’· individual occupant of lands, with the right of appeal to the courts upon the same terms, conditions, and requirements, as herein provided: Provided further, That the amount awarded or adjudged to be paid by said railway company lor said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the provisions of this section. Nothing in this act shall be construed to prohibit congress from imposing taxes upon said railway, nor _ C¤¤z!¤¤¤ HM! any Territory or State hereaiter formed, through which said railway ""P°'° *“°“· shall have been established trom exercising the like power as to such part of said railway as may lie within its limits. Said railway company Right to i¤¤¤¤¤· shall bave the right to survey and locate its railway immediately after f‘°°:i ’“¥m“d the passage of this act. °°°' °°° S20. 6. That said company shall cause maps showing the general b8lggd°* '°"*° *° route of its located line through said Territory to be filed in the 0H0e ’ °°°' of the Secretary of the Interior, and also to be tiled in the office of the principal chief of each of the nations or tribes through whose lands said railway may be located; and after the tiling of said maps no claim for a snbseqent settlement and improvement upon the right of way shown by said maps shall be valid as against said company: Provided, That when P*‘°°*•°· a map showing any portion of said railway company’s located line is