Page:United States Statutes at Large Volume 25.djvu/188

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142 FIFTIETH CONGRESS. Sess. I. Ch. 248. 1888. W<>¤‘K¤¤¥°¤ shall be adjudged a ainst the a pellant. When proceedings have °:$£°H`°i°°beg§1bh been commenced in bourt, 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 railroad. Fmilm *****8**- Sec. 4. That said railroad company shall not charge the inhabitants of said Territory a greater rate of freight than the rate author- . ized by the laws of the State of Texas for services or transportation Prvvfwr- nm. of the same kind: Provided, That passenger rates on said railway P°"”°"‘°' shall not exceed three cents per mile. Congress hereby reserves the right to regulate the charges for freight an passengers on said railway and messages on said telegragph and telep one lines, until a State ovemment or governments s exist in said Territory within the Iimits of which said railway, or a part thereof, shall be ocated; 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 expressl R.ighbf»0"K“hw'°' reserves the right to Bx and regulate at all times the cost of such - “°"°'*· transportation y said railway or said company whenever such transportation shall extend from one State into another, or shall extend ummm mw. mto more than one State: Provided, however, That the rate of such transpportation of passengers, local or interstate, shall not exceed the rate a ve expressed: And provided further, That said railway commas. pany shall carry the mail at such prices as Congress may by law provide; and until such rate is fixed y law the Postmaster-General may fix the rate of compensation. Jgggit-L¤¤tgbg>¤Pw· Sec. 5. That said railway company shall pay to the Secretary of the ‘ Interior, for the benefit of the particular nations or tribes t rough whose lands said line may be located, the sum of fifty dollars, in addition to com ensation rovided 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 pa ments to be made in installments of one thousand two hundred andy fifty dollars as each working section of twenty-five Pr<¤¤`$<>·~¢· miles of road is graded: Provided, That if the general council of Arma! oft sewn! either of the nations or tribes through whose land said railway may §}’,'§§f° °‘S ° ° °w` 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 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 right of appeal to the courts u n the same terms, conditions, and requirements as therein providgd; Provided further, That the amount awarded or adjudged to be aid by said railway commma when neu pany for said dissenting nation or tribe shall be in lieu of the com- °"`°"'*’°'"“°'°"‘ pensation that said nation or tribe would be entitled to receive under the foregoing provision. Said company shall also pay, so long as R M said Territory is owned and occutpie by the Indians, to the Secre- “"° ‘ tary of the Interior, the sum of fteen dollars per annum for each mile of railway it shall construct in the said Territory. The money paid to the Secretaxgy of the Interior under the provisions of this act shall_be apportione by him, in accordance with the laws and treaties now in force among the different nations and 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 b said u_§Lij,¤° *0 *3* *'°· nations and tribes, to impose such additional taxes upon said rail- ' road as it may deem just and proper for their benefit; and any Territory or State hereafter formed through which said railwa shall have been established may exercise the like power as to such part