Page:United States Statutes at Large Volume 32 Part 1.djvu/115

FIFTYSEVENTH CONGRESS. Ssss. I. C11. 134. 1902. 49 for freight and passengers on said railways and messages on all telegraph and telephone lines until a State government or governments sha l exist in said Territory within the limits of which any railway 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 such railways; but Congress miiximm mln5pm` expressly reserves the right to tix and regulate at all times the cost of such transportation by said railways whenever such transportation shall extend from one State into another, or shall extend into more than _ one State; and that the railway companies shall carry the mail at such M*“lS· prices as Congress may by law provide; and until such rate is iixed by law the Postmaster—General may fix the rate of compensation. Sec. 17. That any railway company authorized to construct, own, or €¤>S¤i¤sS, ewoperate a railroad in said Territory desiring to cross or unite its tracks with any other railroad upon the grounds of such other railway company shall, after fifteen days’ notice in writin to such other railroad company, make application in writing to the `udge of the United States court for the district in which it is proposed to make such crossing or connection for the appointment of three disinterested referees to dete1·- R°‘°'°°¤· mine the necessity, place, manner, and time of such crossing or connection. The provisions of section three of this Act with respect to mQg}‘,f;_'“”°‘*°" PW the condemnation of right of way through tribal or individual lands Ame, 1} 44· shall, except as in this section otherwise provided, apply to proceedings to acquire the right to cross or connect with another railroad. s U on the hearing of any such a plication to cross or connect with any other railroad, either party or the referees may call and examine witnesses in regard to the matter, and said referees shall have the same ower to administer oaths to witnesses that is now possessed by United States commissioners in said Territory, and said referees shall, after such hearing and a personal examination of the locality where a crossing or connection is desired, determine whether there is a necessity for such crossing or not, and if so, the place thereof, whether it shall be over or under the existing railroad, or at grade, and in other respects the manner of such crossing and the terms upon which the same shall _ be made and maintained: Provided, That no crossing shall be made §,‘{,‘{'j’_f§0m_ through the yards or over the switches or side tracks of any existing railroad if a crossing can be eifected at any other place that is practicable. If either party shall be dissatisfied with the terms of the order `APPW- made by said referees it may appeal to the United States court of the Indian Territory for the district wherein such crossing or connection is sought to be made in the same manner as appeals are allowed from a judgment of a United States commissioner to said court, and said appeal and all subsequent proceedings shall only affect the amount of compensation, if any, and other terms of crossing fixed by said referees, but shall not delay the making of said crossing or connection: _ Pl'/)Z’L•f]#(l, That the corporation desiring such crossing or connection ,,,,g§}§f‘“" °f ‘""“‘*‘*"" shall deposit with the clerk of the court the amount of compensation, if any is fixed by said referees. and shall execute and iilc with said BOM *0* <*>¤¤··¤=·¤*· clerk a bond of sufficient security, to be approved by the court or a judge thereof in vacation, to pay all damages and comply with all terms that may be adjudged by the court. Any railway company F°*‘***“¤*· which shall violate or evade any of the provisions of this section shall forfeit for every such otlense, to the person, company, or corporation injured thereby, three times the actual damages sustained by the party aggrieved. Sec. 18. That when in any case two or more railroads crossing each M·;g;g;:¤_jj<‘ **s¤¤¤S other at a common grade shall. by a system of interlocking or automatic Appim-3f by imap signals, or by any works or iixtures to be erected by them, render it $f,‘{~§§,§,§`§§,?‘°"€ °°’“‘ safe for engines and trains to pass over such crossing without sto ping, and such interlocking or automatic signals or works or fixtures shall be approved by the Interstate Commerce Commissioners, then, in that case. VOL xxxu. PT 1————L