Referees.

ure to appoint.

Compensation.

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 railway. In case of failure to make amicable settlements with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed, one, who shall act as chairman, by the President, one by the chief of the nation to which said occupant belongs, and one by the railroad company, who, before upon entering the duties of their appraisements, shall take and subscribe before a district judge, clerk of a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appraisement, 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 case of the absence of a member after due noSubstitution on fail- tice. 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 United States court held at Fort Smith, Arkansas, upon the application of the other party. The chairman of said board shall appoint the time and place of all hearings within the nation to which 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 cause submitted to them under this act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the court of said nation. Costs, including compensation of said referees, shall be made a part of the award, and be paid by such railway company. In case the referees do 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 the making of the award and notice of the same, to appeal by original petition to the district court held at Fort Smith, Arkansas, which court shall have jurisdiction to hear and determine the subject matter of the petition, according to the laws of the State of Arkansas, 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 railroad company. If the judgment of the court shall be for the same or a less sum than the award made by 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 thereof and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway.

Costs.

Appeal.

Costs on appeal.

Work may begin on depositing double

award.

Freight charges.

Provisos.

Passenger rates.

Regulation.

.

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 Arkansas for services of 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 and transportation of persons and freights within their respective limits by said: railway; but Congress expressly reserves the right to fix and regulate at all times the cost of such transportation by said railway or said company whenever such transportation shall extend from one

Maximum.

Mails.

Additional compen. sation to tribes.

Provisos.
Appeal by general

Award to be in lieu of compensation.

State into another, or shall extend into more than one State: Pro-
vided, however, That the rate of such transportation of passengers,
local or interstate, 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.
SEC. 5. That said railway company shall pay to the Secretary of
the Interior, for the benefit of the particular nation or tribes through
whose lands said line may be located, the sum of fifty dollars per
mile for each mile of road constructed and maintained in said
Indian Territory, in addition to compensation provided for in this
act for property taken and damages done individual occupants by
the construction of said railway, said payment to be made in in-
stallments of five hundred dollars as each ten miles of road is
graded: Provided, That if the general council of either of the nations
or tribes through whose lands said railway may be located shall, councils.
within four months after the filing of maps of definite location, as
set forth in section six of this act, dissent from the allowance here-
inbefore provided for, and shall certify the same to the Secretary of
the Interior, then all compensation to be paid to such dissenting na-
tion 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 occupants of lands, with the right of
appeal to the court upon the same terms, conditions, and requirements
as therein provided: Provided further, That the amount awarded or
adjudged to be paid by said railway company for such dissenting
nation or tribe shall be in lieu of the compensation the said nation
or tribe would be entitled to receive under the foregoing provisions.
Said company shall also pay, so long as said Territory is 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 and
operate in 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 according to the number of miles of
railway that may be constructed and operated by said company
through their lands: Provided, That Congress shall have the right,
so long as said lands are occupied and possessed by said nations and
tribes, to impose additional taxes upon said railroad as it may deem
just and proper for their benefit; and any State or Territory here-
after formed, through which said railway shall have been established,
may exercise the like power as to such part of said railway as lies
within its limits. Said railway company shall have the right to sur-
vey and locate its railway immediately after the passage of this act.
SEC. 6. That said company shall cause maps, showing the route of
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 each of the nations or tribes through whose lands said
railway may be located, and after the filing of said maps no claim for
subsequent settlement or 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'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 In-
terior in sections of twenty-five miles before construction of any such
section shall be begun.

Annual rental.

Taxation.

Maps to be filed.

Proviso.

Grading to begin on filing maps.

Employees to reside

SEC. 7. That the officers, servants, and employees of said company on right of way. 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

Litigation.

Commencement and completion.

Crossings.

Condition of accept

ance.

and regulations as may be established by the Secretary of the Interior in conformity with said intercourse lav..

SEC. 8. That the United States district court for the western district of Arkansas, and such other courts as may be authorized by Congress, shall have, without reference to the amount in controversy, jurisdiction over all controversies arising between said Fort Smith, Paris and Dardanelle Railway Company and the nations, tribes, and individual members of said tribes or nations through whose land or territory said railway shall be constructed. Said courts shall have jurisdiction, without reference to the amount in controversy, over all controversies arising in said nations or tribes 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 the same may be necessary to carry out the provisions of this act.

SEC. 9. That said railway company shall build and complete its railway in said Territory within four years after the passage of this act, or the rights herein granted shall be forfeited as to that portion not built; and it shall not be necessary in such case for a forfeiture to be declared by judicial process or legislative enactment, and that said 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 across the same.

SEC. 10. That said Fort Smith, Paris and Dardanelle Railway Company shall accept this right of way upon the express condition, binding upon itself, its successors, and assigns, that will neither aid, advise, nor assist in any effort looking toward the extinguishing or changing the present tenure of the Indians to their lands, and will not attempt to secure from the Indian nations any further grant of land, or its occupancy, than is herein before provided: Provided, Violation to forfeit. 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.

Record of mortgages.

Amendment, etc.

Right of way to Kan

sas City, Fort Scott

SEC. 11. That all mortgages executed by said railway company conveying any portion of its railroad with its franchises that may be constructed 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.

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 not be assigned or transferred in any form whatever prior to the construction and completion of said road, except as to mortgage or other lien that may be given or secured therein to aid in the construction thereof.

SEC. 13. That an act entitled "An act to authorize the Kansas and Gulf Railway City, Fort Scott and Gulf Railway Company to construct and operate a railway through the Indian Territory, and for other purposes, be, and the same is hereby, repealed.

Company, repealed.

Vol. 24, p. 124.

Approved, February 26, 1889.

February 27, 1889.

crans.

CHAP. 302.-An act for the relief of William S. Rosecrans.

Be it enacted by the Senate and House of Representatives of the William S. Rose United States of America in Congress assembled, That the President May be appoinetd be, and he is hereby, authorized to nominate, and, by and with the brigadier-general retired list. on advice and consent of the Senate, to appoint William S. Rosecrans, late a major-general of United States Volunteers, and brigadier-general in the Regular Army of the United States, to the position of

brigadier-general in the Army of the United States, and to place him upon the retired list of the Army as of that grade (the retired list being thereby increased in number to that extent); and all laws and parts of laws in conflict herewith are suspended for this purpose only. Approved, February 27, 1889.

CHAP. 308.-An act to amend the laws relating to the selection and service of jurors in the supreme court of the District of Columbia.

March 1, 1889.

Jurors, D. C.

R. S. D. C.. secs. 758,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections seven hundred and fifty-eight and seven hundred and fifty-nine of the Re- 750, p. 90, repealed. vised Statutes of the United States, relating to the District of Columbia, be, and they are hereby, repealed.

Regulation of terms

R. S. D. C., sec. 755,

90, amended.

SEC. 2. That section seven hundred and fifty-five of the Revised Statutes of the United States, relating to the District of Columbia, by supreme court be, and it is hereby, amended so that it shall read as follows: The p. supreme court in general term shall have power by rule of court to regulate the period of holding its terms, as also the periods of all the special terms, and to fix the number of such terms, and to alter the same from time to time as public convenience may require.

Qualifications of ju

rors.

R. S. D. C., sec. 872,

SEC. 3. That section eight hundred and seventy-two of the Revised Statutes of the United States, relating to the District of Columbia, be, and it is hereby; amended so as to read as follows: No person shall p. 102. be competent to act as a juror unless he be a citizen of the United States, a resident of the District of Columbia, over twenty-one and under sixty-five years of age, and a good and lawful man, who has never been convicted of a felony or misdemeanor involving moral turpitude.

Term for jurors.
R. S. D. C., secs. 855,

SEC. 4. That sections eight hundred and fifty-five, eight hundred and fifty-six, and eight hundred and fifty-eight of the Revised Statutes of 856, 858, amended. the United States, relating to the District of Columbia, be, and they hereby are, amended so as to read as follows: The term of service of jurors drawn for service in the supreme court of the District of Columbia holding a special term as a circuit court, or to serve as petit jurors in the special term as a criminal court, shall begin on the first Tuesday Criminal court. in each and every month in which jury trials shall be had and (subject to the provisions of section eight hundred and seven) shall terminate on the Monday preceding the first Tuesday of the following month, except when the jury shall be discharged by the court at an earlier day.

R. S. D. C., sec. 807,

p. 96.

The term of service of grand jurors in the special term as a criminal Grand jurors. court shall begin with each term of that court as fixed from time to time by the supreme court of the District of Columbia in general term, and shall end with such term, unless the jury shall sooner be discharged by the court.

Jurors, circuit and criminal courts.

At least ten days before the first Tuesday in each month when jury trials are to be had, the clerk shall publicly break the seal of the jury-box, and proceed to draw therefrom the names of twentysix persons to serve as jurors in such circuit court, and of twentysix other persons to serve as petit jurors in such criminal court, and at least ten days before the commencement of each special term held as a criminal court the names of twenty-three persons required to serve as grand jurors in such criminal court shall be drawn in like manner: Provided, That when any jury shall have been actually Proviso. empanelled for the trial of any cause the jurymen composing the same shall be liable to continue in service until they have been lawfully discharged from said cause.

SEC. 5. That section eight hundred and sixty-six of the Revised Statutes of the United States, relating to the District of Columbia,

Service.

R. S. D. C., sec.866, p. 102, amended.

Exemption for one year after service.

be, and it is hereby, amended so as to read as follows: It shall be the duty of the marshal of the District, at least five days before the beginning of the term of service for which a jury has been selected as provided by law, to notify each person drawn by serving on him a notice in writing of his selection as a juror, of the court he is to attend, and of the day and hour he is to appear.

SEC. 6. That any person who shall have been regularly drawn as a juror, and, shall thereupon have served as a juror for the period of twenty days or more, shall be exempt from further service as a juror in the District of Columbia for the period of one year from the beginning of his said term of service, but nothing herein contained shall render such juror ineligible to serve as a juror during said year: Provided, however, That no person shall be competent to serve Limit of consecutive as a juror for two consecutive terms.

Proviso.

service.

R. S. D. C., sec.851, p. 101, amended.

Selection of additional jurors.

101, amended.

SEC. 7. That section eight hundred and fifty-one of the Revised Statutes of the United States, relating to the District of Columbia, be, and the same is hereby amended by striking out therein the words "until otherwise provided by the legislative assembly."

SEC. 8. That section eight hundred and sixty-two of the Revised Statutes of the United States, relating to the District of Columbia, R.S.D. C., sec.$62, p. be, and it is hereby, amended so as to read as follows: If any persons selected as jurors can not be found, or shall prove to be incompetent, or shall be excused from service by the court, the clerk, under the direction of the court, shall draw from the box the names of other persons to take their places. And if after the organization of the jury any vacancies occur therein, they shall be filled in like manner.

Completion of panel.

101, amended.

SEC. 9. That section eight hundr d and sixty-three of the Revised R.S. D. C., sec.863, P. Statutes of the United States, relating to the District of Columbia, be, and it hereby is, amended so as to read as follows: If at any time during the impaneling of a jury in any other than a capital case the regular panel, by reason of challenge or otherwise, shall be exhausted before the jury is complete, the court may in its discretion direct the clerk to draw from the box the names of other persons to serve as jurors and cause them to be summoned, or order the marshal to summon as many talesmen as may be necessary to complete the jury. SEC. 10. That this act shall take effect on the fifteenth day of July, eighteen hundred and eighty-nine. Approved, March 1, 1889.

Effect.

March 1, 1889.

Portland, Oregon.

CHAP. 309.-—--An act to extend the limits of the port of Portland as a port of entry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the limits of the port of Portland, in the State of Oregon, as a port of entry, be, Limits of port ex and the same are hereby, extended so as to include all that portion of the east bank of the Willamette River lying opposite to the city of Portland, for a distance of one mile in width, and extending from the south boundary-line of the corporate limits of the city of Portland down said east bank of said river to a point directly opposito to the lower end of Swan Island, in said river.

tended.

Approved, March 1, 1889.

March 1, 1889.

CHAP. 310.-An act to create ports of entry at Tacoma and Seattle, in Washington Territory.

Be it enacted by the Senate and House of Representatives of the Tacoma and Seattle, United States of America in Congress assembled, That Tacoma, Washington Territory, and Seattle, Washington Territory, be, and they are hereby, constituted ports of entry in the Puget Sound custonis

Wash.

Made ports of en

try.