Annual rent. Proviso. Additional taxes. Secretary of Interior etc. Said company shall also pay, so long as that part of said reservation through which said right of way may be located is owned and occupied by the Indians, to the Secretary of the Interior, the sum of fif: teen dollars per annum for each mile of railway it shall construct in the said reservation. The money paid to the Secretary of the Interior under the provisions of this act shall be expended by him, in accordance with the laws and treaties now in force, for the benefit of said Indians or be paid to them as to him shall seem best: Provided, That Congress shall have the right, so long as said lands are occupied and possessed by said Indians, to impose such additional taxes upon said railroad as it may deem just and proper for their benefit; and any 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. Such railway company shall have the right to survey and locate its railway immediately after the passage of this act. SEC. 6. That said company shall cause maps showing the route of to approve location, its located line through and station grounds upon said Indian reservation to be filed in the office of the Secretary of the Interior, and that said location shall be approved by the Secretary of the Interior before any grading or construction on any section or part of said located line shall be begun: Provided, That said railway shall be located, constructed, and operated with a due regard for the rights of the Indians, and under such rules and regulations as the Secretary of the Interior shall prescribe. Proviso. Employees may reside on right of way. Completion. Crossings, etc. Condition of accept ance.. Proviso. Violation to forfeit. Mortgages. Amendment, etc. 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 said railway shall be built through said reservation within four years after the passage of this act, or the rights herein granted shall be forfeited as to that portion not built; and that said railway company shall fence and keep fenced all such portions of its road as may run through any improved lands of the Indians, and also 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. SEC. 9. That the said company shall accept this right of way upon the express condition, binding upon itself, its successors and assigns, that they will neither aid, advise, nor assist in any efforts looking towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indians any further grant of land, or its occupancy, than is herein before 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. SEC. 10. That all mortgages executed by said railway company conveying any portion of its railroad, with its franchises, that may be constructed in said reservation, 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. 11. That Congress may at any time amend, add to, alter, or repeal this act, and the right of way herein and hereby granted Right not assigna- shall not be assigned or transferred in any form whatever prior to the construction and completion of the road, except mortgages or other liens that may be given or secured thereon to aid in the construction thereof. ble. SEC. 12. That said railway company shall' execute a bond to the Bond. United States, to be filed with and approved by the Secretary of the Interior, in the penal sum of ten thousand dollars, for the use and benefit of the Indians of said reservation, conditioned for the due payment of any and all damages which may accrue by reason of the killing or maiming of any Indian belonging to said reservation, or of their live-stock, in the construction or operation of said railway, or by reason of fires originating thereby; the damages in all cases, in the event of failure by the railway company to effect an amicable settlement with the parties in interest, to be recovered in any court of the Territory of Dakota having jurisdiction of the amount claimed, upon suit or action instituted by the proper United States attorney in the name of the United States: Provided, That all moneys so recovered by the United States attorney under the provisions of this section shall be covered into the Treasury of the United States, Moneys recovered. to be placed to the credit of the particular Indian or Indians entitled to the same, and to be paid to him or them, or otherwise expended for his or their benefit, under the direction of the Secretary of the Interior. Approved, February 23, 1889. Litigation. Proviso. CHAP. 203.—An act to accept and ratify the agreement submitted by the Shoshones, Bannocks, and Sheepeaters of the Fort Hall and Lemhi Reservation in Idaho May fourteenth, eighteen hundred and eighty, and for other purposes. February 23, 1889. Preamble. Indian Reservations, Whereas certain of the chiefs of the Shoshone, Bannock, and Sheepeater tribes of Indians have agreed upon and submitted to the Fort Hell and Lemhi Secretary of the Interior an agreement for the sale of a portion of Idaho. their lands in the Territory of Idaho, their settlement upon lands in severalty, and for other purposes: Therefore, Agreement with Be it enacted by the Senate and House of Representatives of the ' United States of America in Congress assembled, That said agree- shoshone and Banment be, and the same is hereby, accepted, ratified, and confirmed. nack Indians. Said agreement is assented to by a duly-certified majority of the adult male Indians of the Shoshone and Bannack tribes occupying or interested in the lands of the Fort Hall Reservation, in conformity with the eleventh article of the treaty with the Shoshones and Ban- Vol. 15, p. 670. nacks of July third, eighteen hundred and sixty-eight (fifteenth Statutes at Large, page six hundred and seventy), and in words and figures as follows, namely: First. The chiefs and head men of the Shoshones, Bannacks, and Sheepeaters of the Lemhi Agency hereby agree to surrender their reservation at Lemhi, and to remove and settle upon the Fort Hall Reservation in Idaho, and to take up lands in severalty of that reservation as hereinafter provided. Surrender of Lemhi Reservation. Surrender of part of Second. The chiefs and head men of the Shoshones and Bannacks of Fort Hall hereby agree to the settlement, of the Lemhi Indians Fort Hall Reservation. upon the Fort Hall Reservation in Idaho, and they agree to cede to the United States the following territory, namely: Beginning where the north line of township nine south intersects with the eastern line of their reservation; thence west with the extension of said line to the Port Neuf River; thence down and with Port Neuf River to where said township line crosses the same; thence west with said line to Marsh Creek; thence up Marsh Creek to where the north line of township number ten south intersects with the same; thence west with said line to the western boundary of said reservation; thence south and with the boundaries of said reservation to the beginning, including also such quantity of the north side of Port Neuf River as H. O. Harkness may be entitled to under existing law, the same to be conformed to the public surveys, so as to include the improve`ments of said Harkness. Payment to be made. Allotments. Survey of Fort Hall Reservation. Signatures. Third. In view of the cessions contained in the above articles the United States agrees to pay to the Lemhi Indians the sum of four thousand dollars per annum for twenty years and to the Fort Hall Indians the sum of six thousand dollars per annum for twenty years, the same to be in addition to any sums to which the above-named Indians are now entitled by treaty, and all provisions of existing treaties, so far as they relate to funds, to remain in full force and effect. Fourth. Allotments in severalty of the remaining lands on the Fort Hall Reservation shall be made as follows: To each head of family not more than one-quarter of a section, with an additional quantity of grazing land, not exceeding one-quarter of a section. To each single person over eighteen years, and each other person under eighteen years now living, or may be born prior to said allotments, not more than one-eight, with an additional quantity of grazing land, not exceeding one-eighth of a section; all allotments to be made with the advice of the agent of the said Indians, or such other person as the Secretary of the Interior may designate for that purpose, upon the selections of the Indians, heads of families selecting for their minor children and the agent making allotments for each orphan child. Fifth. The Government of the United States shall cause the lands of the Fort Hall Reservation above named to be properly surveyed and divided among the said Indians in severalty and in the proportions herein before mentioned, and shall issue patents to them respectively therefor so soon as the necessary laws are passed by Congress. The title to be acquired thereto by the Indians shall not be subject to alienation, lease or incumbrance, either by voluntary conveyance of the grantee, or his heirs, or by the judgment, order or decree of any court, or subject to taxation of any character, but shall be and remain inalienable and not subject to taxation for the period of twenty-five years, and until such time thereafter as the President may see fit to remove the restriction, which shall be incorporated in the patent. Done at the city of Washington this fourteenth day of May, anno Domini one thousand eight hundred and eighty. TEN DOY, his x mark. Allotment in sever Reservation. SEC. 2. That the Secretary of the Interior be, and he is hereby, aualty to Indians on Fort thorized to cause to be surveyed a sufficient quantity of land on the Fort Hall Reservation to secure the settlement in severalty to said Indians as provided in said agreement. Upon the completion of said survey, he shall cause allotments of land to be made to each and all of said Indians in quantity and character as set forth in the agreement above mentioned; and upon the approval of said allotments by the Secretary of the Interior, he shall cause patents to issue to each Patents. and every allottee for the lands so allotted, with the conditions, restrictions, and limitations mentioned therein as are provided in the agreement. SEC. 3. That for the purpose of carrying the provisions of this act Appropriations. into effect, the following sums, or so much thereof as may be necessary, be, and the same is hereby, set aside, out of any moneys in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of the Interior, as follows: For the expense of the survey of the land as provided in section second of this act, twelve thousand dollars. For survey. For the first of twenty installments as provided in said agreement, to First installment. be used by the Secretary of the Interior for the benefit of the Indians in such manner as the President may direct: For the Lemhi Indians, four thousand dollars, and for the Fort Hall Indians, six thousand dollars. moval. For the expense of removing the Lemhi Indians to the Fort Hall Expense of reReservation, five thousand dollars. SEC. 4. That this act, so far as the Lemhi Indians are concerned, shall take effect only when the President of the United States shall have presented to him satisfactory evidence that the agreement herein set forth has been accepted by the majority of all the adult male members of the Shoshone, Bannack, and Sheepeater tribes occupying the Lemhi Reservation, and shall have signified his approval thereof. Approved, February 23, 1889. Lemhi Reservation. CHAP. 204.-An act to authorize the construction of a bridge or bridges across the Mississippi River at La Crosse, Wisconsin. February 23, 1889. La Crosse may River. Provisos. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the city of La Crosse, a municipal corporation in the county of La Crosse, State of bridge Mississippi Wisconsin, its successors or assigns, may construct and maintain a bridge for the passage of vehicles of all kinds, animals, and footpassengers across the Mississippi River from some point within the corporate limits of the city of La Crosse to Barron's Island, opposite the said city of La Crosse, and a bridge or bridges, for a like purpose, across that part of the Mississippi River west of the main channel of said river, from said Barron's Island to some point in the county of Houston, in the State of Minnesota: Provided, That it shall not be lawful to construct said bridge or bridges until the Secretary of War, after an examination and report by a board of Examination, etc. three United States engineers, and appointed by him, shall certify that the same will not materially obstruct the navigation of said river: And provided further, That the location and plan or manner of constructing said bridge or bridges shall be subject to the approval of the Secretary of War, and until approved by him the bridge or bridges shall not be built; and there shall be submitted to approve plans, etc. the Secretary of War, for his examination and approval, a design or drawing of the bridge or bridges, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and all other information required. Unobstructed navi gation. Secretary of War to SEC. 2. That the said city of La Crosse, its successors or assigns, shall have the right to charge and collect a reasonable rate of toll, Toll not exceeding the amount limited by the laws of Minnesota or Wisconsin, and approved by the Secretary of War. STAT L-VOL XXV- -44 Commencement and completion. Lawful structure and post-route. Postal telegraph. Amendment, etc. SEC. 3. That this act shall be null and void if actual construction of the bridge or bridges herein authorized be not commenced within one year and completed within three years from the date of the passage hereof. SEC. 4. That any bridge or bridges built under this act and subject to its limitations shall be a lawful structure or structures and shall be recognized and known as a post-road, upon which no higher charge shall be made for the transmission over the same of the mails, troops, and the munitions of war of the United States passing over said bridge or bridges than the rate per mile paid for the transportation over the railroads or other public highways leading to said bridge; and equal privileges in the use of said bridge shall be granted to all telegraph companies, and the United States shall have the right of way across said bridge and its approaches for postal telegraph purposes. SEC. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 23, 1889. CHAP. 205.-An act to change the date for the commencement of the March terms of the district court for the northern district of Georgia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the regular terms of the district court for the northern district of Georgia, now held on the first Monday in March, shall commence on the second Monday in March of each year. Approved, February 23, 1889. February 23, 1889. granted right of way reservation.. CHAP. 206.—An act granting to the Big Horn Southern Railroad Company a right of way across the Fort Custer Military Reservation, Montana. Be it enacted by the Senate and House of Representatives of the Big Horn Southern United States of America in Congress assembled, That the Big Horn Railroad Company Southern Railroad Company, a corporation duly organized and exacross Fort Custer isting under the laws of the Territory of Montana, be, and is hereby, granted a right of way across the Fort Custer Military Reservation upon such line, in the vicinity of the Big Horn and Little Big Horn Rivers, as may be approved by the Secretary of War: Provided, That the said right of way hereby granted shall not exceed one hundred feet in width, except where side-tracks, spurs, turn-tables, and a station are located or to be located; and at such point the right of way shall not exceed two hundred feet on each side of the main track and not exceeding two thousand feet in length Proviso. Width. Approved, February 23, 1889. February 23, 1889. Mount Vernon, Va. Aqueduct Bridge to, CHAP. 207.-An act directing a survey of a road from the Aqueduct Bridge to Mount Vernon and making an appropriation therefor. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and directed to detail one or more engineer officers of the Army to make the necessary surveys for a national road from a point in Alexandria County, Virginia, at or near the Virginia end of the Aqueduct Bridge, and thence through the counties of Alexandria and Fairfax, in said State, to Mount Vernon, who shall report the same, together with the estimated cost of |