Page:United States Statutes at Large Volume 27.djvu/514

488 FIFTY-SECOND CONGRESS. Sess. II. C11. 169. 1893. telegraph, and telephone line, and when any portion thereof shall nsvmm. cease to be used, such portion shaH revert to said nation or tribe of Indians from which the same shall have been taken. nmgu. Sec. 3. That before said railway shall be .constructed through any lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such railroad. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraisemrum. ment of three disinterested referees, to be appointed, one (who shall act as chairman) by the President of the United States, one by the chief of the nation to which said occupant belongs, and one by said railroad company, who, before entering upon the duties of their appointments, shall take and subscribe, before a district judge, clerk of a. district mmm court, or United States Commissioner, an oath that they will faithfully and impartially discharge the duties of their appointments, which oath, duly certified, shall be returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in the case suisumm umn- of the absence of a member, after due notice. And upon the failure of '"°*°"”°“· either party to make such appointment within thirty days after the appointment made by the President, the vacancy shall be filled by the district judge of the court for the western district of Arkansas, upon the application of the other party. The chairman of said board shall nm-mas. appoint the time and place for all hearings within the nation to which said occupants belong. Each of said referees shall receive for his ctmpenmam. 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 — cms. by the courts of said nation. Costs, including compensation of the referees, shall be made a part of the award and be paid by said railroad company. In case the referees can not 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 Amml- days after making of the award and notice of the same, to appeal by original petition to the United States Court held at Fort Smith, Arkansas, which court shall have jurisdiction to hear and determine the subjecbmatter of said petition according to the laws of the State of Arkansas, 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 a larger sum than the award of the referees, Cws on ¤m·•l· 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 ot 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 commenced in court the railway company shall pay double the amount of the award into court wan; my mgm tm to abide the judgment thereof, and then have the right to enter upon 2$,*;°,'§T'“*‘ d °“ M° the property Sought to be condemned and proceed with the construction of the railroad. magmcmp. Sec. 4. That said railroad Company shall not charge the inhabitants of said Territory a greater rate of freight than the rates authorized by the laws of the State of Arkansas for services or transportation of the rmvcm. same kind: Provided, That passenger rates on said railroad shall not w{’=·¤·¤¤z¤¢ ¤*·>¤· exceed three cents per mile. Congress hereby reserves the right to ksgunmn. regulate the charges for freight and passengers on said railroad and messages on said telegraph and telephone lines until a State government shall be authorized to fix and regulate the cost of transportation rnmmw mnspn- of persons and freight within its respective limits by said railroad; but ""’°"‘ Congress expressly reserves the right to fix and regulate at all times