Compensation. Costs. Appeal. such occupant belongs. Each of said referees shall receive for his 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 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 dissatisfied with the finding of the referees 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 said 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 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 pay double the amount of the award into court to abide the judgment double award. thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railroad. SEC. 4. That said railroad company shall not charge the inhabitants of said Territory a greater rate of freight than the rate authorized by the laws of the State of Kansas for services or transportation of the same kind: Provided, That passenger rates on said railway shall not exceed three cents per mile. Congress hereby reserves the right to 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 right fix and regulate at all times the cost of such transportation by said railway or said company whenever such transportation shall extend from one State into another, or shall extend into more than one State: Provided, however, That the rate of such transportation of passengers, local or inter-State, shall not exceed the rate above expressed: And provided further, That said railway company shall carry the mail at such prices as Congress may by law provide; and until such rate is fixed by law the Postmaster General may fix the rate of compensation. Costs on appeal. Work may begin on depositing Freight charges. Provisos. Passenger rates. Right to regulate reserved. Maximum rate. Mails. Additional com SEC. 5. That said railway company shall pay to the Secretary of the Interior, for the benefit of the particular nations or tribes through pensation to tribes. whose lands said main line 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 the 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 general council of said nations or tribes through whose lands said rail. way may 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 Proviso. Appeal of general council as to al lowance. sation. right of appeal to the courts upon the same terms, conditions, and reAward to be in quirements as therein provided: Provided further, That the amount place of compen- awarded or adjudged to be paid by said railway company for said disAnnual rental. Senting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the foregoing pro vision. Said company shall also pay, so long as said Territory is owned and occupied by the Indians, to the Secretary of the Interior, the sum of fifteen dollars per annum for each mile of railway it shall construct iu said Territory. The money paid to the Secretary of the Interior under the provisions of this act shall be apportioned by him, in accordance with the laws and treaties now in force between the United States and said nations or tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Provided, Right to tax re- That Congress shall have the right, so long as said lands are occupied and possessed by said nation or tribe, to impose such additional taxes upon said railroad as it may deem just and proper for their benefit; and any Territory or State hereafter formed through which said railway shall have been established may exercise the like power as to such part of said railway as may lie within its limits. Said railway company shall have the right to survey and locate its railway immediately after the passage of this act. served. the Interior and chiefs. Maps to be filed SEC. 6. That said company shall cause maps showing the route of its with Secretary of located line through said Territory to be filed in the office of the Secretary of the Interior, and also to be filed in the office of the principal chief of each of the nations or tribes through whose lands said railway may be located; and after the filing of said maps no claim for a subsequent settlement and improvement upon the right of way shown by said maps shall be valid as against said company: Provided, That when a map showing any portion of said railway company's located line is filed as herein provided for, said company shall commence grading said located line within six months thereafter, or such location shall be void, and said location shall be approved by the Secretary of the Interior in sections of twenty-five miles before construction of any such section shall be begun. Proviso. Grading may be gin on filing maps Employees to reside on right of way. Litigation. Forfeited unless three years. SEC. 7. That the officers, servants, and employees of said company necessary to the construction and management of said road shall be allowed to reside, while so engaged, upon such right of way, but 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 with said intercourse laws. SEC. 8. That the United States circuit and district courts for the western district of Arkansas and the district of Kansas, and such other courts as may be authorized by Congress, shall have, without reference to the amount in controversy, concurrent jurisdiction over all controversies arising between said Chicago, Kansas and Nebraska Railway Company and the nation and tribe through whose territory said railway shall be constructed. Said courts shall have like jurisdiction, without reference to the amount in controversy, over all controversies arising between the inhabitants of said nation or tribe and said railway company; and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Territory, without distinction as to citizenship. of the parties, so far as may be necessary to carry out the provisions of this act. SEC. 9. That said railway company shall build at least fifty miles of 50 miles built in its railway in said Territory within three years after the passage of this act, or the rights herein granted shall be forfeited as to that portion not built; that said railroad company shall construct and maintain continually all road and highway crossings and necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway's right of way, or may be by the proper authorities laid out across the same. Condition of ac SEC. 10. That the said Chicago, Kansas, and Nebraska Railway Company shall accept this right of way upon the express condition, binding ceptance. upon itself, its successors and assigns, that they will neither aid, advise, nor assist in any effort looking towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian nation any further grant of land, or its occupancy, than is hereinbefore provided: Provided, That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said railway company under this act. Proviso. Violation to for feit. Record of mort SEC. 11. That all mortgages executed by said railway company conveying any portion of its railroad, with its franchises, that may be con- gages. structed in said Indian Territory, shall be recorded in the Department, of the Interior, and the record thereof shall be evidence and notice of their execution, and shall convey all rights and property of said company as therein expressed. Right to amend, Not transferable prior to comple SEC. 12. That Congress may at any time amend, add to, alter, or repeal this act; and the right of way herein and hereby granted shall etc., reserved. not be assigned or transferred in any form whatever prior to the construction and completion of the road, except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof. Approved, March 2, 1887. CHAP. 320.—An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year ending June thirtieth, eighteen hundred and eighty-eight, and for other purposes. Mar. 2, 1887. Indian service Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury appropriations. not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department for the year ending June thirtieth, eighteen hundred and eighty-eight, and fulfilling treaty stipulations with the various Indian tribes, namely: For pay of sixty agents of Indian affairs at the following-named Pay of agents at agencies, at the rates respectively indicated, namely: At the Warm Springs agency, at one thousand dollars; At the Klamath agency, at one thousand one hundred dollars; At the Grand Ronde agency, at one thousand dollars; At the Siletz agency, at one thousand two hundred dollars; At the Umatilla agency, at one thousand two hundred dollars; At the Neah Bay agency, at one thousand dollars; At the Yakama agency, at two thousand dollars; At the Colville agency, at one thousand five hundred dollars; At the Nisqually and S'Kokomish agency, at one thousand two hundred dollars; At the Quinaielt agency, at one thousand dollars; At the Tulalip agency, at one thousand dollars; At the Round Valley agency, at one thousand five hundred dollars; At the Tule River agency, at one thousand dollars; At the Mission agency, at one thousand three hundred dollars; At the Nevada agency, at one thousand five hundred dollars; At the Nez Perces agency, at one thousand six hundred dollars; 49-2-29 PUB specified agencies. Pay of agents at specified agencies -Continued. Interpreters. Inspectors. Travelling, etc., expenses. At the Crow agency, at two thousand dollars; At the Fort Peck agency, at two thousand dollars; At the Fort Belknap agency, at one thousand dollars; At the Tongue River agency, at one thousand five hundred dollars; At the Crow Creek and Lower Brule agency, at one thousand eight hundred dollars; At the Standing Rock agency, at one thousand seven hundred dollars; At the Cheyenne River agency, at one thousand five hundred dollars; At the Pueblo agency, at one thousand eight hundred dollars; At the Mescalero agency, at one thousand eight hundred dollars; At the Santee agency, at one thousand two hundred dollars; At the Pottawatomie and Great Nemaha agency, at one thousand dollars; At the Ponca, Pawnee, Otoe, and Oakland agency, at one thousand five hundred dollars; At the Sac and Fox agency, Indian Territory, at one thousand two hundred dollars; At the Quapaw agency, at one thousand five hundred dollars; and not more than one thousand two hundred dollars of any moneys appropriated by this act shall be expended for clerical labor at this agency; At the Osage agency, at one thousand six hundred dollars; At the Cheyenne and Arapaho agency, at two thousand two hundred dollars; At the Kiowa, Comanche, and Wichita agency, at two thousand dollars; At the Union agency, at one thousand eight hundred dollars; At the Green Bay agency, at one thousand five hundred dollars; At the La Pointe agency, at two thousand dollars; At the Mackinac agency, at one thousand dollars; At the New York agency, at one thousand dollars; At the Colorado River agency, at one thousand five hundred dollars; For the Eastern Cherokee Indians, eight hundred dollars; in all, eighty-nine thousand three hundred dollars; and all provisions of law fixing compensation for Indian agents in excess of that herein provided are hereby repealed. For the payment of necessary interpreters, to be distributed in the discretion of the Secretary of the Interior, twenty-five thousand dollars; but no person employed by the United States and paid for any other service shall be paid for interpreting. For pay of five Indian inspectors, at three thousand dollars per annum each, fifteen thousand dollars. For necessary traveling expenses of five Indian inspectors, including incidental expenses of inspection and investigation, eight thousand dollars. Pay of one Indian school superintendent, three thousand dollars. School superintendent. Travelling ex intendent. Necessary traveling expenses of one Indian school superintendent, including incidental expenses of inspection and investigation, one thou- penses, etc., supersand dollars; Provided, That he shall be allowed four dollars per day Proviso. for traveling expenses when actually on duty in the field, exclusive of cost of transportation and sleeping-car fare. For buildings and repair of buildings at agencies, and repairs of the same, twenty-five thousand dollars. Agency buildings and repairs. Contingent ex For contingencies of the Indian service, including traveling and incidental expenses of Indian agents, and of their offices, and of the penses. Commissioner of Indian Affairs, and of such person as may be detailed to accompany him, also traveling and incidental expenses of five special Special agents. agents, at three dollars per day when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law; for pay of employees not otherwise provided for, and for pay of five special agents, at two thousand dollars per annum each, forty thousand dollars. Citizen commis For the expenses of the commission of citizens, serving without compensation, appointed by the President under the provisions of the fourth sion. section of the act of April tenth, eighteen hundred and sixty-nine, three thousand dollars. FULFILLING TREATIES WITH INDIAN TRIBES. APACHES, KIOWAS, AND COMANCHES. For twentieth of thirty installments, as provided to be expended under the tenth article of treaty of October twenty-first, eighteen hundred and sixty-seven, concluded at Medicine Lodge Creek, in Kansas, with the Kiowas and Comanches, and under the third article of treaty of the same date with the Apaches, thirty thousand dollars; For purchase of clothing, as provided in the same treaties, twelve thousand dollars; For pay of carpenter, farmer, blacksmith, miller, and engineer, four thousand five hundred dollars; For pay of physician and two teachers, two thousand seven hundred dollars; in all, forty-nine thousand two hundred dollars. CHEYENNES AND ARAPAHOES. For twentieth of thirty installments, as provided to be expended under the tenth article of treaty of October twenty-eighth, eighteen hundred and sixty-seven, twenty thousand dollars; For purchase of clothing, as per same article, twelve thousand dollars; For pay of physician and teacher, as per thirteenth article of same treaty, two thousand dollars; For pay of carpenter, farmer, blacksmith, miller, and engineer, as per same article, four thousand five hundred dollars; in all, thirtyeight thousand five hundred dollars. CHICKASAWS. For permanent annuity, in goods, three thousand dollars. CHIPPEWAS OF THE MISSISSIPPI. For forty-first of forty-six installments to be paid to Chief Hole-inthe Day, or his heirs, per third article of treaty of August second, eighteen hundred and forty-seven, and fifth article of treaty of March nineteenth, eighteen hundred and sixty-seven, one thousand dollars; ies. Vol. 16, p. 40. Fulfilling treat Apaches, Kiowas, and Coman ches. Vol. 15, p. 584. Cheyennes and Arapahoes. Vol. 15, p. 596. Vol. 15, p. 597. Chickasaws. Vol. 1, p. 619. Chippewas of the Mississippi. Vol. 9, p. 904. |