Page:United States Statutes at Large Volume 25.djvu/397

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FIFTIETH CONGRESS. Sess. I. Ch. 718. 1888. 351 be made such occupant or claimant ror all property to be taken or damage done by reason of the constructi011 of said railway. In case of failure to make satisfactory settlement with any such claimant, the just compensation shall be determined as provided for by the laws of Washington Territory, enacted for the settlement of like controversies in such cases. The amount of damages resulting to .C°mP*¤S¤*i°¤*¤T¤· the Puyallup tribe of Indians in their tribal capacity by reason of dum the construction of said railway through such lands of the reservation as are 11ot occupied in severalty, shall be ascertained and determined in such manner as the Secretary of the Interior ma direct, and to be subject to his final approval: Provided further, That no $**°'°****Y Of Um H1- right of any kind shall vest in said railway com any in or to any ;i;i°rt°appr°v€plam’ part of the right of way herein provided for until pl)atS thereof, made upon actual survey for the definite location of such railroads, and including the points for station-buildings, depots, yards, machineshops, side-tracks, turn-outs, and water—stations, shall be filed with and approved by the Secretary of the Interior, which approval shall be made in writing, and be open for the inspection of any party interested therein, and until the compensation aforesaid has been fixed and paid: Provided, That the amount of compensation which may D*SP°S“i°¤°f¤W¤*<*~ ultimately be awarded or adjudged against said railway company in respect of such last-mentioned lands, shall be paid to the Secretary of the Interior, to be by him expended on behalf of the tribe, for the benefit of their schools, or in such othermamier as he shall deem best. Sec. 4. That the maximum rate charged by the said railway com- °”?"'g°*'* pany for the transportation of freight and passengers within the limits of the Indian reservation shall not exceed the rate charged for the same services in kind in the Territory of Washingtoii; and Congress hereby reserves the right to regulate the charges for the freight and passengers on said railroad, and messages on said telegraph and telephone lines, until a State government or governments shall exist in the said Territory within the limits of which said railway, or a part thereof, shall be located: Provided, That the said railway company P"°“$°’· shall carry the United States mail at such price as Congress may by Mwslaw provide, and until such rate is fixed by law the Postmaster-General may Hx the rate of compensation; And provided further, That the _ passenger rates of fare shall not exceed three cents per mile where Pweuger rms. the distance is greater than five miles. _ Sec. 5. That said company shall, as soon as the definite route and mp °‘ '°“°°- line of said railroad is located through said reservation, cause a map to be made showin such line and location, a copy of which shall be filed in the office 0% the Secretary of the Interior, and a copy shall be also filed in the office of the principal chief or governor of said tribe through which said road may have been located; and after the filing of said map of location no claim for subsequent settlement and improvement upon the right of way or additional grounds for depots, stations, sidings, or switches shall be valid as against said railroad company. _ _ Sec. 6. That the officers, employees, and servants of said company 0nEgg{}Q{)§‘§j§,’_”S*d° necessary for the construction, operation, and management of said road, telegraph, and telephone lines shall be allowed to reside while so engaged, upon the sair right of way, but at the same time be subject to the provisions of the Indian intercourse laws and such rules and regulations as may be established by the Secretary of the Interior in accordance therewith. _ _ _ _ _ _ _ , SEQ. 7. That the United States courts for the second judicial district L"‘g"""‘· of \Vashington Territory, and such other courts as may be authorized by Congress. shall have concurrent jurisdiction, without reference to the amount in controversy, over all cases arising between said railroad company and the tribe. as such. or individual members thereof, through whose territory said railway may be constructed;- and the civil jurisdiction of said courts is extended within the limits of the