1194 TREATY WITH THE POTTAWATOMIES. Novmmmm 15, 1861 m5‘::::§3;°“‘ And whenever any patent shall issue m said railroad compgmy for any Ipart of said lands, it shall contain the condition that the said company shall sell the land described in such patent, except so much as sl]all'bc necessary for the working of the road, within five years from the issumg of such patent. Right °f ‘”Y· And said company shall have the perpetual right of way Q70I' dw lands of the Pottawatomics not sold to it for the construulion ·and operation of said railroad, not exceeding one hundred feet: m wulth, and the right to enter on said lands and take and usc such gravel, stone, earth, water, and other material, except timber, as may be ngccssary fop the construction and operation of said road, making compensation for any damages to improvements done in obtaining such material, and- for any D¤¥¤°»S¤¤»&°· damages arising from the location or running of said road to imprqvé- ments made bcfbrc the road is located. Such damages and compensation, in cases where said company and the persons whose improvements arc injured or property taken cannot agree, to be ascertained and adgustud under the direction of the Commissioner of Indian Affairs. And m case said company shall not promptly pay the amount of such damages and compensation, the Secretary of the Interior may withhold patents for any part of the lands purchased by them until payment be made of the amount of such damages, with six per cent. interest thereon from the date when the same shall have been ascertained and demanded. kcuetheragl. And in case said company shall not purchase said surplus lands, Ol', rcnd comnwy having purchased, shall forfeit the whole or any part thereof, the Sccrcf;‘:gs’f§g‘° my tary of the Interior shall thereupon cause the same to be appraised at not less than one dollar and twenty-five cents pcr acre, and shall sell the same, in quantities not exceeding one hundred and sixty acres, at auction to the highest bidder for cash, at not less than such appraised value. Conveyance of ARTICLE VI. There shall be selected by the Commissioner of Indian lsqnd to John F- Afairs three hundred and twenty acres of land, including the church, £&egqa’:d§§;l}n' school-houses, and fields of the St;. Mary’s Catholic Mission, but not in- Gcrillszin in mm cluding the buildings and enclosures occupied and used by persons other ng ¤°}l:°°1 md than those connected with the mission, without the consent of such per- §D:f;°,m£,`{;§°§§;, sons, which shall be conveyed by the Secretary of the Interior to John sion. F. Diel, John Summaker, and M. Gerillaiu, as trustees for the use of the Condition. society under whose patronage and control the church and school have been conducted within the last fourteen years; on condition, however, that, so long as the Pottawabomic nation shall continue to occupy its present reservation, or any portion thereof, the said land shall be used and its products devoted exclusively to the maintenance of a school and church for their bencut. And there shall be reserved and conveyed in like manner, and upon like conditions, three hundred and twenty acres of land, Reservaitioixfor including the Baptist Mission buildings and enclosures, such conveyances 3*1***** Ml”l°“· to be made to such persons as may be designated by the Baptist Board of Missions. ARTICLE VH. By article eight of the treaty of June 5th, 1846, between the United States and the Pottawatomie Indians, it is stipu- Anupalintei- lated " that the annual interest of their improvement fund shall be paid
- u“£'°"°' out promptly and fully for their benefit at their new homes. If; how-
' ever, at any time thereafter, the President of the United States shall be of opinion that it would be advantageous be the Pottawatomic nation, and they should request the same to be done, to pay them the interest of said money in lieu of the employment of persons, or the purchase of implements or machines, he is hereby authorized to pay the same, or any part thereof; in money, as their annuities are paid, at the time of the general payment of annuities? hlaxgw liarsafter It. is hereby agreed that the interesturising from said improvement P" ‘ fund shall, m all cases hereafter, be paid in such machines and implements as will be useful to the people in their agricultural pursuics, as
