indicate that the Indians acted under a misapprehension, and that they will reconsider their determination this fall.

Utah and Northern Railroad—Shoshone and Bannack (Fort Hall) Reserve, Idaho.-Reference was made in my last annual report to an agreement which had been entered into with the Shoshone and Bannack Indians of Idaho for the extinguishment by the government of their title to so much of the lands of their reservation as are required for the purposes of the Utah and Northern Railroad Company in the construction of a road from east to west through the Fort Hall Reserve. By this agreement, which is dated July 18, 1881, the Shoshone and Bannack Indians ceded to the United States a strip of land extending from east to west through their reservation, to be used by said railroad company as a right of way and road bed, containing 670 acres, or thereabouts; also certain plots of land for depots, stations, &c., containing about 102 acres. For this cession the United States agreed to pay to the Shoshone and Bannack Indians $6,000, or about $7.77 per acre, to be deposited in the United States Treasury to the credit of said Indians, upon ratification of the agreement by Congress and necessary appropriations therefor, and to bear interest at 5 per cent.

This agreement was ratified by act of Congress approved July 3, 1882, section 3 of which provides for the grant of right of way and the use of the plots of land so relinquished to the Utah and Northern Railroad Company, its successors and assigns, for the purposes set forth in the agreement, but requires the company, as a condition precedent to the use of the lands, to pay to the Treasurer of the United States, within ninety days from the passage of the act, the said sum of $6,000 thereby appropriated, and to file with the Secretary of the Interior its written acceptance of the conditions of said section. These requirements have been complied with by the company, and I am informed by the Secretary of the Treasury that the $6,000 have been deposited with him. The Utah and Northern Railroad Company has since assigned its rights acquired under said act of Congress to the Oregon Short Line Railway Company.

Atlantic and Pacific Railroad-Indian Territory.-Under authority of an act of Congress approved July 27, 1866 (14 Stat., 292); the several treaties negotiated during the same year with the Cherokees, Creeks, Choctaws and Chickasaws, and Seminoles, providing for an east and west and a north and south railroad through their respective countries; and the decision of Hon. Secretary Cox, dated May 21, 1870, approved by the President May 23, 1870, and the decision of your immediate predecessor in office, dated March 31, 1882; the construction of the Atlantic and Pacific Railroad westward from Vinita, Cherokee Nation, through the Indian Territory, which had been suspended for some years past, has been resumed.

Under date of March 27, 1882, the company entered into an agree ment with the Cherokee Nation for the purchase of materials required in the construction and repairs of the road in the Cherokee country, under the provisions of the Cherokee laws in relation to such purchases; also for the settlement and adjustment by the courts and laws of said nation of all questions for damages to property. The company has also filed a new bond of same date in the sum of $500,000, payable to the order of the Secretary of the Interior, in trust for the several nations and tribes of Indians owning or occupying the lands of the Indian Territory, conditioned for the faithful performance of the obligations imposed on said company by the act of Congress of July 27, 1866, and in

other particulars for the protection of the Indians. Bond and agreement were approved in the department April 3, 1882.

The act of Congress, July 27, 1866, authorizes the Atlantic and Pacific Railroad Company to construct "a branch from the point at which the road strikes the Canadian River eastwardly along the most suitable route as selected, to a point on the western boundary line of Arkansas at or near the town of Van Buren." The map of location of the branch road from the point on the main line at which it strikes the Canadian River, eastwardly to Van Buren in Arkansas, shows the line of route to be as follows: From its junction with the main line as above, down the Canadian on its north side to where it empties into the Arkansas River; crossing the Arkansas and running down said river on its north side to Van Buren; in its route passing through country occupied under Executive order by the Cheyennes and Arapahoes, through the reservation of the Pottawatomies, and through the Seminole, Creek, and Cherokee countries. Your predecessor held that should the branch road be built on the line of location as laid down on the maps, there would then be two east and west roads through the Creek and Cherokee country, which would be in violation of the treaties with those Indians which provide for but one east and west and one north and south road through their respective countries. He was therefore of opinion that should the branch road be built, it should not be allowed to cross the country of the Creeks or of the Cherokees, but should have its line, so far as those countries are concerned, south of the Canadian and Arkansas Rivers.

On the 10th August last the Atlantic and Pacific Railroad Company, through its general solicitor, General Williamson, applied to this office, stating that the road had been completed from Vinita, through the Cherokee and Creek country, to a point near the Arkansas River, which would be township 19 north, range 12 east, if the surveys were extended; that the company had carefully surveyed the line of main road so laid down on the map of definite location, and finding many engineering difficulties to contend with, asked permission to explore the country south of the line located for the purpose of gaining such information as would enable it to contrast the cost of constructing and maintaining a road on a more southern route with the cost of constructing a road along the Cimarron River, and with the ultimate intention of laying the facts and figures before the department, with a view to procuring a ruling upon the question as to the exact line upon which the company should build its road, if any doubt should exist as to where it might build.

The request appearing reasonable, permission to make the necessary explorations through the country designated was granted, subject to the consent of the Indians, viz, the Creeks, Sacs and Foxes, and Cheyennes and Arapahoes, through whose lands the exploring party would necessarily pass, and General Williamson was so notified by office letter of August 31, 1882. The several agents for these Indians were at the same time directed to consult with them and endeavor to procure their consent to the passage of the company's employés through their lands for the purposes indicated. The Cheyennes and Arapahoes who, in November, 1881, seriously objected to the construction of the road have readily assented. The Creeks and Sac and Fox Indians have, as yet, taken no definite action in the matter, but it is not apprehended that any serious objection will be interposed.

Saint Louis and San Francisco Railroad-Choctaw and Chickasaw country, Indian Territory.-On the 2d of August, 1882, Congress passed an act granting a right of way to the Saint Louis and San Francisco Railway Company for a railroad and telegraph line through the lands of the

Choctaw and Chickasaw Nations of Indians in the Indian Territory, commencing at a point to be selected by the company on the line of the Choctaw Nation, immediately contiguous to Sebastian or Scott Counties, in the State of Arkansas, and running thence in a southwesterly direction on the most direct and practicable route through the lands of the Choctaw and Chickasaw Nations in the direction of Paris, in the State of Texas, and to continue to or connect with a proposed road from the city of Paris aforesaid. This grant is made subject to the condition that the said railway company shall pay quarter-annually to the national treasurers of said nations, every year during the existence of the rights and privileges granted, to be used for the benefit of schools therein, the sum of $750, in the proportion of one-fourth to the Chickasaws and three-fourths to the Choctaws, with a proviso that if the general councils of said nations, or either of them, shall, within sixty days after the passage of the act, by resolution duly adopted, dissent from the allowance provided for, and shall report the same to the Secretary of the Interior, then the compensation to be paid for the uses and grants in the act made for such dissenting tribes shall be determined by appraisers to be appointed as in said act mentioned.

The act, which is quite lengthy, provides for the completion of the road and telegraph within two years from the date of acceptance by the company. It also contains various clauses and stipulations for the protection of the Indians, and declares that failing certain conditions therein prescribed, the said company shall forfeit all rights thereunder, which, upon declaration and consent of the Secretary of the Interior, shall inure to the Chicago, Texas and Mexican Central Railway Company upon like conditions as in said act mentioned; and upon its failure to comply therewith, then the privileges granted to the Saint Louis and San Francisco Railway Company shall apply to any other incorporated company that shall have first obtained the approval of the President of the United States.

Northern Pacific Railroad-Crow Reserve, Montana.-By an agreement dated August 22, 1881 (also referred to in my last annual report), the Crow Indians surrendered to the United States all their right, title, and interest in and to a strip of land 400 feet wide, extending from east to west across their reservation, containing about 5,384 acres, to be used by the Northern Pacific Railroad Company as a right of way and road bed; also certain plots of land, aggregating 266 acres or thereabouts, for depot and station purposes. For the lands so relinquished the United States agreed to pay to the Crow Indians $25,000, to be deposited in the United States Treasury to the credit of said Indians upon ratification of the agreement by Congress and necessary appropriation therefor, to be expended for the benefit of the Indians in such manner as the Secretary of the Interior may direct.

This agreement was ratified by act of Congress approved July 10, 1882, section 3 of which provides for the grant of the right of way, and the use of the plots of land so relinquished, to the Northern Pacific Railroad Company, its successors and assigns, for the uses and purposes mentioned in said agreement, but requires the company, as a condition precedent to the user of the lands, to pay to the Treasurer of the United States, within 60 days from the passage of the said act, the sum of $25,000, thereby appropriated, and to file with the Secretary of the Interior its written acceptance of the conditions of said section. The acceptance above required has been filed in this office, but I have no information as to the payment of the $25,000.

Northern Pacific Railroad, Jocko (Flathead) Reserve, Montana.-The

Northern Pacific Railroad Company having applied for a right of way through the Jocko Reserve, in Montana, occupied by the confederated tribes of the Flathead, Upper Pend d'Oreilles, and Kootenay Indians, under the treaty of July 16, 1855 (12 Stat., 975), Assistant Attorney-General McCammon was detailed by you on the 22d July last, to proceed to the Flathead Agency and negotiate with the Indians, under the treaty and acts of Congress in that behalf, for the extinguishment of their title to so much of the lands of their reservation as are required for the purposes of the Northern Pacific Railroad Company for the construction of its road westwardly, through that reserve, according to certain plans filed by the company in this department. Mr. McCammon has not yet filed his official report, but I am informally advised by him that he succeeded in negotiating an agreement with the Indians, by which the lands necessary for a right of way 200 feet wide, and extending a distance of about 53 miles across the reservation, with suitable grounds for station purposes, are relinquished to the United States upon payment of $16,000, this sum to be deposited in the Treasury of the United States to the credit of said confederated tribes upon ratification of the agreement by Congress, and to be expended for the benefit of the Indians in such manner as the Secretary of the Interior may direct. Provision is also made for the payment of $7,500 for improvements of individual Indians of said tribes falling within the boundaries of the lands so relinquished. The necessary papers will be hereafter submitted to you for transmission to Congress.

Atchison and Nebraska Railroad-Iowa Reserve, Nebraska.-The agreement of June 18, 1881, with the Iowa Indians of Nebraska for a new right of way across their reserve to the Atchison and Nebraska Railroad Company has been finally completed, and was approved by you on the 4th of August last. The quantity of land taken by the company amounts to six and one half acres, for which they have paid at the rate of $25 per acre.

Carson and Colorado Railroad-Walker River Reserve, Nevada.—On April 13, 1880, the Carson and Colorado Railroad Company entered into an informal agreement with the Pah-ute Indians for a right of way across the Walker River Reserve, which was set apart by Executive order, March 19, 1874. Under a misconception of the requirements of the law in such cases, but apparently in good faith, the company constructed its road upon the reserve without procuring the necessary legal authority. As soon as the facts were definitely ascertained in this office they were reported to the department for instructions, and on the 13th March last your predecessor directed that a formal agreement embodying the terms theretofore agreed upon between the railroad company and the Indians should be obtained and submitted to the department for approval and transmission to Congress for ratification. Such agreement was accordingly prepared and executed by a majority of the Indians interested and the railroad company, under date of 9th August last, and will in due course be submitted for your approval, and ratification at the next session of Congress.

New Mexico and Southern Pacific Railway Company-Pueblos of New Mexico. The New Mexico and Southern Pacific Railway Company, failing to come to terms with the Indians of the pueblo Santo Domingo, for a right of way across their land grant, and for lands sufficient for a division station thereon, has commenced proceedings in the Territorial courts to obtain title under the provisions of the general incorporation act relating to railroads in the Territory of New Mexico, February 2, 1878. The Pueblo Indians of New Mexico stand on a plane different from that

of ordinary Indians. They are not Indian tribes. within the meaning of the acts of Congress prohibiting settlement by any person on land belonging, secured, or granted by treaty with the United States to any Indian tribe; but they are held to have a complete title to their lands and their rights may be maintained under the Territorial laws of New Mexico (U. S. vs. Joseph, 4 Otto, 614). By these laws the several tribes of Pueblo Indians are incorporated bodies politic and corporate, with power to sue and be sued in any court of law or equity in respect of any claim to lands occupied or claimed contrary to law by any person whatsover, and to resist any encroachment or trespass thereon.

In April, 1881, complaint having been made by the local agent that the railway company had established a division station named Wallace" upon the lands of the pueblo Santo Domingo for the accommodation of its employés, to which numerous settlers were flocking, opening up trading establishments, whisky saloons, &c., against the wishes of the Indians, the United States attorney for the district of New Mexico was, at the request of this department, directed by the Hon. AttorneyGeneral to co operate with the agent for the protection of the Indians, and to act as their attorney in cases where it might become necessary to apply to the courts for their relief, or where their interests were in jeopardy. The Indians having positively refused to sell any portion of their lands for a town site at Wallace, and the settlers being equally determined to remain, proceedings for their removal have been instituted under the direction of the United States attorney as the attorney for the Indians. In like manner he has been requested by the agent to protect the interests of the Indians in the proceedings by the company to appraise the value of the lands taken for right of way.

PAYMENTS OF CASH ANNUITIES.

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Miamies of Indiana.-The payment of the principal sum, $221,257.86; which became due to these Indians, under the treaty of 1854, on the 1s day of July, 1880, and which was provided for by act of March 3, 1881, as noted in my report for last year, where I expressed the hope that but a short time longer would be necessary to complete it, has been somewhat delayed. As the work progressed various questions presented themselves, some of which could not have been foreseen, such as doubtful claims, the right of members of this branch of the tribe who had been drawing moneys with the Western Miamies to share with both tribes, and as to who were the proper parties to receive the shares of deceased beneficiaries. The procuring of properly-qualified guardians for minors, the security required by the act being so large, was attended with much difficulty and delay; and the claim of Vandeventer & McDowell, which this act also provided should be adjusted and paid, demanded time and attention beyond what was at first anticipated. Thus, much unavoidable delay had to be submitted to, as no step could be taken until this office was assured beyond reasonable doubt that the law was being strictly complied with. Therefore it was not until the 31st of January, 1882, that the first payment was effected, and on the 5th of the following July, the date of last report from Hon. Calvin Cowgill, who has charge of this payment, some twenty claims still remained to be paid to the heirs or legal representatives of persons deceased. These, re-. quiring the action of the courts, took more time, but I am now persuaded that all will be completed in a few days. I may here call attention to the faithful manner in which Agent Cowgill has discharged this arduous and responsible duty. Notwithstanding the numerous per