Page:United States Statutes at Large Volume 25.djvu/499

This page needs to be proofread.

FIFTIETH CONGRESS. Sess. I. Ch. 936. 1888. 453 to the highest bidder, at such time, in such manner, and upon such terms and conditions as Congress may direct. The funds arising from the sale of said lands, after deducting the DiSp<>s¤\¤f funds. expenses of surveyaaptpraisemeiit, and sale, to be deposited in the Treasury of the Unite States to the credit of the said Indians, and to bear interest at the rate of five per centum per annum; with power in the Secretary of the Interior to expend all or any part of the principal and accrued interest thereof. for the benefit and support of said Indians in such manner and at such times as he shall see fit. Or said lands so relinquished to be disposed of for the benefit of said Indians in such other manner as Congress may direct; and Wliereas in or about the year 1878 the Utah and Northern Railroad Utah wd Ncnliem Company constructed a line of railroad running north and south Ra`1W&yC°mp°my‘ through the Fort Hall Reservation, and has since operated the same, without payment, of any compensation whatever to the said Indians, for or in respect of the lands taken for right of way and station purposes; and WVhereas the treaty between the United States and the Shoshone and Binnack Indians, concluded July 3, 1868 (15 Stat. at Large, page v01. 15, p. srs. 673\_ under which the Fort Hall Reservation was established, contains no provisions for the building of railroads through said reservation: Now, therefore, ART. II. The Shoshone and Bannack Indians, parties hereto, do _Terms mr ceding hereby consent and agree that upon payment to the Secretary of the "gm °f `"Y Interior for their use and benefit of the sum of ($8.00) eight dollars for or in respect of each and every acre of land of the said reservation, taken and used for the urposes of its said railroad, the said Utah and Northern Railroad Company shall have and be entitled to a right of way not exceeding two hundred (200) feet in width, through said reservation extending from Blackfoot River, the northern boundar of said reservation, to the southern boundary thereof, together with necessary grounds for station and water purposes according to maps and plats of definite location, to be hereafter filed by said company with the Secretary of the Interior, and to be a proved by him, the said Indians, parties hereto, for themselves and for the members of their respective tribes, hereby promising and agreeing to, at all times hereafter during their occupancy of said reservation, protect the said Utah and Northern Railroad Company, its successors or assigns, in the quiet enjoyment of said right of way and appurtenances and in the peaceful o ieration of its road through the reservation. · ART. III. All] unexecuted provisions of existing treaties between mxmmgneanes. the United States and the said Indians not affected by this agree— ment to remain in full force; and this agreement to take effect only upon ratification hereof by Congress. Signed at the Fort Hall Agency, in the Territory of Idaho, by the sipmuzums. said Robert S. Gardner and Peter Gallagher on behalf of the United States, and by the undersigned chiefs, headmen, and heads of families and individual members of the Shoshone a11d Bannack tribes of Indians, constituting a clear majority of all the adult male Indians of said tribes occupying or interested in the lands of the Fort Hall Reservation, in conformity with article eleven of the treaty of July 3, 1868. this twenty-seventh (27) day of May, A. D. one thousand eight hundred and eighty-seven (1887).” [Here follow the signatures.] Sec. 2. That the Secretary of the Interior be, and he hereby is, Resegylarmgi Ito be authorized to cause to be surveyed and laid out into lots and blocks smey “" p°°"’d‘ so much of the Fort Hall Reservation in the Territory of Idaho, at or near Pocatello Station. on the Utah and Northern Railway. as when the sectional and subdivisional lines are run and established shall be found to be within the following descriptions. to wit : The West half of section twenty-five, all of section twenty-six, the east B<>¤md¤ries»