Page:United States Statutes at Large Volume 24.djvu/453

420 FORTY-NINTH CONGRESS. Sess. Il. Ch. 254. 1887. Com *0 be {mid fees allowed by the courts of said nations. Costs, including compensabY °°‘”P°“Y· tion of the reierees, shall be made a part; of the award, and be paid by such railroad company. In case the referees cannot agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right, within ninety days after the making of the award and notice of the same, t0 Appeal. appeal by original petition to the district court held at Wichita, Kansas, or the district court for the northern district of.Cl`exas, which court shall have jurisdiction to hear and determine the subjectmatter of said petition, according to the laws of the State in which the same shall be heard _ provided for determining the damage when property is taken for railroad purposes. If upon the hearing of said appeal the judgment of the com OD ap ml court shall be for a larger sum than the award of the referees, the costs Pof said appeal shall be adjudged against the railroad company. Ii the judgment of the court shall be for the same sum 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 costs shall be adjudged against the party claiming Company in a y damages. When proceedings have been commenced in court, the rail- °°“’;"°t!‘Q° Sig way company shall pay double the amount of the award into court to Etjg,3 ° °° ° 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 railroad. Freight mms. SEC:. 4. That said railroad company shall not charge the inhabitants of said Territory a greater rate of freight than the rate authorized by the laws of the State of Texas forservices or transportation of the same Pfvriévv- kind: Provided, That passenger rates on said rail way shall not exceed H§;“°“¥°’ "‘*°“* three cents per mile. Congress hereby reserves the right to regulate Right to ,eg“;,m, the charges for freight and passengers on said railway, and messages charges reserved. 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 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, how- Maximum. ever, That the rate of such transportation of passengers, local or inter- State, shall uot exceed the rate above expressed : And provided jwrther, NWS- That said railway company shall carry the mail at such prices as (Jongress may by law provide ; and until such rate is iixed by law the Postmaster-Gerxeral may tix the rate of compensation. A•lditi¤¤{=¤l DM"- Sec. 5. That said railway company shall pay to the Secretary of the "‘““‘ l" ‘“l""’ Interior, for the benetit of the particular nations or tribes through whose lands said line may be located, the sum of iiity 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 pay- _ ments to be made in installments of five hundred dollars as each ten {"'°'*"°’- _ miles of road is graded: Provided, That if the general council of either m§¤:f;°'¤;`]°;L“;}:;} of the nations or tribes through whoselands said railway may be located r__}h;,pgf‘1¤t€;i0l. shall, within tour months after the filing of maps of detinite location as as ,,,‘am,W,,Me,,_ set forth in section six of this act, dissent trom the allowances provided for in this section, and shall certify the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nation or tribe under the provisions of this act shall be determined as provided in section three lor the determination of the compensation to be paid to the individual occupant of lands, with the right of appeal to the courts upon the same termd conditions, and requirements as therein Amd provided; Provided further, That the amount awarded or adjudged to ,, be paid by said railway company for said dissenting nation or tribe shall