Costs. Appeal. shall receive the usual fees allowed 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 railway 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 days after making of the award, and notice of the same, to appeal by original petition to the courts of the Indian Territory at Muscogee, or to the courts which have jurisdiction over the respective Indian reservations which courts shall have jurisdiction to hear and determine the subject-matter of said petition according to the laws of the State of Kansas providing 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 costs of said appeal shall be adjudged against the railway company. If the judgment of the court shall be for the same sum or less than the award of the referees, then the cost shall be adjudged against the appellant unless the judg ment of the court shall be for the railroad company, in which case the Work may proceed Cost shall be against the claimant; when proceedings have been comon deposit of double menced in court 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. Costs on appeal. award. Freight charges. Provisos. Passenger rates, etc. Maximum. Mails. Additional compen sation to tribes. SEC. 4. That said railway company shall not charge the inhabitants of said Territories a greater rate of freight than the rates authorized by laws 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 reserving 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 shall be authorized to fix and regulate the cost of transportation of persons and freight within its respective limits by said railway company, but Congress expressly reserves the right to fix and regulate at all times the cost of such transportation by said railway 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 interstate, shall not exceed the rates 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. SEC. 5. That said railway company shall pay to the Secretary of the Interior, for the benefit of the particular nation or tribe through whose lands said line 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 Territories through Indian lands; said payment to be made in installments of one thousand two hundred and fifty dollars as each working section of twenty-five miles is graded: Provided, That if the general council of either of the Appeal by general nations or tribes through whose lauds said railway may be located shall within four months after filing of the maps of definite location, as set forth in section six of this act, dissent from the allowance 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 for in section three for the determination of the compensation to be paid to the individual occupants of lands, with the right of appeal to the courts upon the same conditions, terms, and requirements as therein Award to be in lieu provided: Provided further, That the amount of the award adjudged to be paid by said railway company for such dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the foregoing provisions; said company shall also pay, so long as said Territory is owned or occupied by the Indians, Provisos. council. of compensation. nual rental. to the Secretary of the Interior the sum of fifteen dollars per annum for each mile of railway it shall construct in the 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 among the different nations and tribes, ac cording 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, as long as said lands are occupied and possessed by said nations or tribes, to impose such additional taxes upon said railway 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 powers as to such part of said railway as may be within its limits. Said railway company shall have the right to survey and locate its railway immediately after the passage of this act. Apportionment. Taxation. Survey and location. Improvements. SEC. 6. That said company shall cause maps, showing the route of Maps to be filed. its 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 prin cipal chief of the nations or tribes through whose lands said railway may be located, and after filing said maps no claim for a subsequent settlement and improvements 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, Grading. as herein provided for, said company shall commence grading said located line within two years thereafter or said 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. Approval of loca tion. Employees may re SEC. 7. That the officers, servants, and employees of said company side on right of way. necessary to the construction and management of said road shall be allowed to reside, while so engaged, upon said 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 such intercourse laws. SEC. 8. That the United States court having jurisdiction in respect Litigation. of the Indian Territory and Oklahoma Territory 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 Kansas, Oklahoma Central and Southwestern Railway Company and the nations or tribes through whose territory said railway company shall construct its lines; said court 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 and Oklahoma 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 the said railway company shall build at least one huudred miles of its railway in said Territories within three years after the passage of this act, and complete the main line of the same within two years thereafter, or the right herein granted shall be forfeited as to that portion not built. That said railway company shall construct and maintain continually all fences, roads, 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. SEC. 10. That the said Kansas, Oklahoma Central and Southwestern Railway Company shall accept this right of way upon the expressed condition, binding upon itself, its successors, and assigns, that they will neither aid, advise, nor assist in any effort looking toward the changing or extinguishing the present tenure of the Indians in their lands, and will not attempt to secure from the Indian nations.any further grant of lands or their occupancy than is hereinbefore provided: Commencement and completion. Crossings, etc. Conditions of acceptance. Provided, That any violation of the conditions mentioned in this section shall operate as a forfeiture of all rights and privileges of said railway company under this act. SEC. 11. That all mortgages executed by said company conveying any portion of its railway with the franchises, that may be constructed in said Indian Territory and Oklahoma 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 properties of said company as therein expressed subject to the provisions of this act. SEC. 12. That Congress may at any time amend, alter, or repeal this act, and the rights herein granted shall not be assigned or transferred in any way or form whatever except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof. Approved, December 21, 1893. January 11, 1894. Public lands. Registers and re ceivers not to proceed in cases where person. ally interested, etc. Substitution of other officer. CHAP.10.-An Act Relating to the disqualification of registers and receivers of the United States land offices, and making provision in case of such disqualification. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no register or receiver shall receive evidence in, hear or determine any cause pending in any district land office in which cause he is interested directly or indirectly, or has been of counsel, or where he is related to any of the parties in interest by consanguinity or affinity within the fourth degree, computing by the rules adopted by the common law. SEC. 2. That it shall be the duty of every register or receiver so disqualified to report the fact of his disqualification to the Commissioner of the General Land Office, as soon as he shall ascertain it, and before the hearing of such cause, who thereupon, with the approval of the Secretary of the Interior, shall designate some other register, receiver, or special agent of the Land Department to act in the place of the disqualified officer, and the same authority is conferred on the officer so designated which such register or receiver would otherwise have possessed to act in such case. Approved, January 11, 1894. January 22, 1894. bor. Time for constructing work extended. Vol. 26, p. 106. CHAP. 12.—An Act To amend an Act of Congress approved May twelfth, eighteen hundred and ninety, granting to the Aransas Pass Harbor Company the right to improve Aransas Pass. Be it enacted by the Senate and House of Representatives of the United Aransas Pass Har States of America in Congress assembled, That the Aransas Pass Harbor Company, which is engaged in the improvement of Aransas Pass under the provisions contained in an Act of Congress entitled "An Act for the improvement of Aransas Pass," approved May twelfth, eighteen hundred and ninety, is hereby relieved from the conditions of said Act which require the construction of said work to be commenced within one year from the date of its approval and to be diligently prosecuted by the expenditure of at least three hundred thousand dollars per annum thereafter, and to secure a navigable depth over the outer bar of fifteen feet of water within three years after the date of approval of said Act, aud of twenty feet within five years from said date; and the said company is hereby authorized to continue and complete its work of improvement as set forth in said Act: Provided, That work shall be resumed by the said Aransas Pass Harbor Company within six months from the date of approval of this act, and shall be diligently prosecuted to completion, and said company shall secure a navigable depth over the outer bar of at least twenty feet of water within two years from the date of approval of this act. And in the event of said company failing to resume said Proviso. Resumption of work. Revocation on fail ure. S sec a rail reying eal this ns that work within the said six months, or failing to diligently prosecute the Approved, January 22, 1894. Amendruen January 22, CHAP. 13.—An Act For the establishment of a light and fog-signal station near ers of the cation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be established, on or near Butler Flats, entrance to the lower harbor of New Bedford, station establ Massachusetts, a light and fog-signal station, at a cost not to exceed forty-five thousand dollars. Butler Flat Post, p. 915. Approved, January 22, 1894. e United receiver g in any directly, arties in ree, com er so dismissioner nd before al of the receiver, ce of the che officer wise have th, eighteen the United ass Harbor Pass under Act for the hteen hunAct which in one year ted by the num therefifteen feet id Act, aud Ed company mprovement uned by the n the date of completion, outer bar of of approval resume said CHAP. 14.-An Act To extend the time for the construction of the railway of the January 22 Choctaw C Railway Com Time exter dian Territor Post, p. 502 Vol. 26, p. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for the construction of the railway of the Choctaw Coal and Railway Company, a corporation organized under the laws of the State of Minnesota, which, building road by the provisions of the Act approved February twenty-first, eighteen hundred and ninety-one, entitled "An Act to amend an Act authorizing the Choctaw Coal and Railway Company to construct a road through the Indian Territory," will expire February eighteenth, eighteen hundred and ninety-four, shall be extended for a period of two years from that date, so that said company shall have until February eighteenth, eighteen hundred and ninety-six, to construct the lines of railway authorized by the Act approved February eighteenth, eighteen hundred and eighty-eight, entitled "An Act to authorize the Choctaw Coal and Railway Company to construct and operate a railway through the Indian Territory, and for other purposes," and the Act amendatory thereof, approved February thirteenth, eighteen hundred and eightynine, entitled "An Act to amend an Act entitled 'An Act to authorize the Choctaw Coal and Railway Company to construct and operate a railway through the Indian Territory, and for other purposes,' approved February eighteenth, eighteen hundred and eighty-eight," and for such purpose the said company shall have the right to take and occupy the right of way and depot grounds heretofore granted to it by said Acts. Approved, January 22, 1894. CHAP. 15.-An Act To authorize the construction and maintenance of a dam or dams across the Kansas River, within Shawnee County, in the State of Kansas. Vol. 25, p. 3 Vol. 25, p. January 22 Kansas Riv Dam across ized in Shawn Be it enacted by the Senate and House of Representatives of the United Provisos. HIRD CONGRESS. SESS. II. That any violation of the conditions mentioned in this secoperate as a forfeiture of all rights and privileges of said railany under this act. That all mortgages executed by said company conveying on of its railway with the franchises, that may be constructed dian Territory and Oklahoma Territory, shall be recorded in tment of the Interior, and the record thereof shall be evidence eof their execution, and shall convey all rights and properties of any as therein expressed subject to the provisions of this act. . That Congress may at any time amend, alter, or repeal this the rights herein granted shall not be assigned or transferred ay or form whatever except as to mortgages or other liens that iven or secured thereon to aid in the construction thereof. ved, December 21, 1893. 10.-An Act Relating to the disqualification of registers and receivers of the ates land offices, and making provision in case of such disqualification. enacted by the Senate and House of Representatives of the United America in Congress assembled, That no register or receiver ceive evidence in, hear or determine any cause pending in any Hand office in which cause he is interested directly or indirectly, een of counsel, or where he is related to any of the parties in by consanguinity or affinity within the fourth degree, comby the rules adopted by the common law. 2. That it shall be the duty of every register or receiver so disd to report the fact of his disqualification to the Commissioner General Land Office, as soon as he shall ascertain it, and before aring of such cause, who thereupon, with the approval of the ry of the Interior, shall designate some other register, receiver, ial agent of the Land Department to act in the place of the lified officer, and the same authority is conferred on the officer gnated which such register or receiver would otherwise have sed to act in such case. roved, January 11, 1894. P. 12.-An Act To amend an Act of Congress approved May twelfth, eighteen d and ninety, granting to the Aransas Pass Harbor Company the right to imAransas Pass. Et enacted by the Senate and House of Representatives of the United of America in Congress assembled, That the Aransas Pass Harbor any, which is engaged in the improvement of Aransas Pass under rovisions contained in an Act of Congress entitled "An Act for the vement of Aransas Pass," approved May twelfth, eighteen hunand ninety, is hereby relieved from the conditions of said Act which re the construction of said work to be commenced within one year the date of its approval and to be diligently prosecuted by the nditure of at least three hundred thousand dollars per annum there- and to secure a navigable depth over the outer bar of fifteen feet ter within three years after the date of approval of said Act, aud wenty feet within five years from said date; and the said company reby authorized to continue and complete its work of improvement et forth in said Act: Provided, That work shall be resumed by the Aransas Pass Harbor Company within six months from the date of roval of this act, and shall be diligently prosecuted to completion, said company shall secure a navigable depth over the outer bar of east twenty feet of water within two years from the date of approval is act. And in the event of said company failing to resume said rk within the said six months, or failing to dilig ae or to secure a navigable depth of twenty fe ter bar within the time required by this act, de the privileges herein granted in relation to 2 That the right of Congress to alter, ame reby reserved. Approved, January 22, 1894. 21P 13-Ar Art For the establishment of a light an New Bedford, Massachusetts. tarted by the Senate and House of Represe so if America in Congress assembled, That the Butler Flats, entrance to the lower har setts a light and fog-signal station, a The thousand dollars. ped, January 22, 1894. 14-An Act To extend the time for the constru Grand Railway Company. acted by the Senate and House of Repre America in Congress assembled, That of the railway of the Choctaw Coal an organized under the laws of the Stat isions of the Act approved February and ninety-one, entitled "An Act to am Coal and Railway Company to co Territory," will expire February eig adrinety-four, shall be extended for a p , that said company shall have unti hundred and ninety-six, to construc d by the Act approved February eight eight, entitled "An Act to authoriz Company to construct and operate Territory, and for other purposes," an approved February thirteenth, eightee aled "An Act to amend an Act entitl taw Coal and Railway Company to through the Indian Territory, and for of y eighteenth, eighteen hundred and rose the said company shall have the r of way and depot grounds heretofore g Loved, January 22, 1894. ego AP 15-An Act To authorize the construction as the Kansas River, within Shawnee County tarted by the Senate and House of Rep of America in Congress assembled, That th at and Power Company, a corporation org State of Illinois, its successors and assigns thorized and empowered to construct and the Kansas River, at any suitable pla ty of Shawnee, in the State of Kansas: the Secretary of War that said dam or d |