Page:United States Statutes at Large Volume 24.djvu/480

FORTY-NINTH CONGRESS. Sess. II. Ou. 319. 1887. 447 such occupant belongs. Each of said referees shall reccivc for his compensation, services the sum of four dollars per day for each day they are 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 nations. Costs, including compensation of the Costs. referees, 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 dissatis- Appealiied with the iinding of the rcfcrccs shall have the right, within ninety days after the making of the award and notice of the same, to appeal by original petition to the district court for the western district of Arkansas or the district of Kansas, which courts shall have jurisdiction to hear and determine the subject-matter of aid 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 court shall be for com on appeal a larger sum than the award of the referees, the cost of said appeal ` shall be adjudged against the railroad company. If 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 damages. When proceedings have been commenced in court, the railway company shall Wwk my l>9zi¤ pay double the amount of the award into court to abide the judgment ggé}: Q32x1"? thereof, and then have the right to enter upon the property sought to ' he condemned and proceed with the construction' of the railroad. Sec. 4. That said railroad company shall not charge the inhabitants Fwigbt ¢=h¤1‘z<¤¤· of said Territory a greater rate of freight than the rata authorized by the laws of the State of Kansas for services or transportation of the sumc kind: Provided, That: passenger rates on said railway shall not P*’°*·‘**°*· exceed three cents per mile. Congress hereby reserves the right to P¤¤¤¤¤8<>f ¤¤¢¤¤· 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 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 Rl8M *° RQ11- right fix and regulate at all times tho cost of such transportation by said l“t° "'°"°d‘ railway or sziid company whenever such transportation shall cx tend from one State into another, or shall extend into more than one State: Pro- ridcd, houercr, That the rate of such transportation of passengers, local M¤¤¤1¤¤¤ ¤¤¥¤· or iute1··State, shall not exceed the rate above expressed: And provided further, That said railway company shall carry the mail at such prices M¤¤l¤· as Congress may by law provide; and until such rate is fixed by law the Postmaster-General may fix the rate of compensation. Sm:. 5. That said railway company shall pay to the Secretary of the M<liti¤¤=¤l 90m- Interior, ion- the bene-Ht of the particular nations or tribes through P°“”*'°“*°*“"°'· whose lands said main liuc 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 t-he 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 hun- dred dollars as each ten miles of road is graded: Provided, That if the P""'""- general council of said nations or tribes through whose lands said rail 1APP°°!1°f€;’“°{‘ way may be located shall, within tour mouths after the filing of maps {*0;;:2:} as ° ° ' of definite location as set forth in section six of this act, dissent from the allowances provided for in this section, and shall certitiv 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 for the determination of the compensation to be paid to the individual occupant of lands, with the