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ARTICLE VII.

Additional considera

Annuities.

First five years.

Second five years.

Third five years.

Fourth five years.

ARTICLE VII.

As a further and only additional consideration for such surrender tion to Iowa Indians. and relinquishment of title, claim, right and interest, as aforesaid, the United States will pay to said Iowa Indians, the beneficiaries of this agreement, per capita, Three Thousand and Six Hundred Dollars per annum, payable semi-annually, for the first five years after this agreement shall take effect; Three Thousand Dollars per annum. payable semi-annually, for the second five years after this agreement shall take effect; Two thousand and Four Hundred Dollars per annum, payable semi-annually for the third five years after this agreement shall take effect; One Thousand Eight Hundred Dollars per annum payable semi-annually, for the fourth five years after this agreement shall take effect, and One Thousand Two Hundred Dollars per annum, payable semi-annually, for the fifth five years after the agreement shall take effect. In all such payments each person over the age of eighteen years shall receive and receipt for his or her share, and the father, or, if he be dead, the mother, of any person entitled, who is under the age of eighteen years, shall receive and receipt for his or her share; and when both father and mother of such person be dead, the person, if an Iowa Indian, with whom such. person makes his home, shall receive and receipt for such persons shares; otherwise, it shall be paid to the Indian Agent of the said Iowa Indians for the use of such orphan.

Fifth five years.

Receipts.

ARTICLE VIII.

All other existing

reserved.

ARTICLE VIII.

It is hereby expressly agreed and understood that nothing herein rights, etc., of lowas, contained shall in any manner affect any other claim not mentioned herein that said Iowa Tribe of Indians have against the United States; nor shall this agreement in any manner affect any interest that said tribe or its members may have in any reservation of land outside of the Indian Territory, nor shall this agreement in any manner affect any annuities or payments, principal or interest due, to said tribe or its members by existing laws or treaties with the United States.

ARTICLE IX.

Chief William Tohee

sions.

ARTICLE IX.

William Tohee, the chief of the Iowas, is incurably blind and helpand Maggie, his wife. less, and has a wife, Maggie Tohee, an Iowa Woman, but by whom William has no child. William is not only helpless but requires and receives the constant care and attention of Maggie, so that neither can give attention to matters of business or labor, or devote their time or energy to procuring a living. Therefore it is mutually agreed Additional provi- in addition to the provisions hereinbefore made for the Iowas, including said William and Maggie, that the United States will pay out to or for the use of said William, under the direction of the Commissioner of Indian Affairs, the sum of Three Hundred and Fifty Dollars. Because of the relation between the said William and Maggie and the care that he requires of her, and that she bestows upon him, it is agreed that the patents to them creating the trust in the United States for them for the period of twenty-five years, shall further recite and provide that in event of the death of either said William or Maggie during said period of twenty-five years-then the possession and use of the lands allotted to both shall be in the survivor and patents for the land allotted to both shall issue to the survivor, discharged of the said trust at the expiration of the said twenty-five years, provided said parties shall be living together as man and wife until the death of either.

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This agreement shall be in force from and after its approval by Operation. the Congress of the United States.

In witness whereof, we have hereunto set our hands and seals the day and the year first above written.

DAVID H. JEROME,
A. M. WILSON,
WARREN G. SAYRE,

Commissioners on the part of the United States.

Jefferson White Cloud, his x mark; Kirwan Murray, Victor
Dupee, Eliza Heelbolte, Eva White, William Tohee,
chief, his x mark; Maggie Tohee, her x mark; Charles
Tohee, Emma Tohee, David Tohee, Garrie Squirrel,
Susan Squirrel, her x mark; Abrockanie, his x mark;
Mary White Cloud, her x mark; Nellie Green, her x
mark; Albert Ely, his x mark; Julia Ely, her x mark;
Naw-a-tawmy, her x mark; Moses, his x mark; Lu-
cinda R. Moses, her x mark; Willie Dole; Tom Dorian,
his x mark; Catharin Dorian, her x mark; Mary Squir-
rel, her x mark; Widow Tohee, her x mark; Mary
Tohee, her x mark; Ellen White Cloud, her x mark;
Mary Murray, her x mark; Kis-tom-ie, her x mark;
Big Ear, his x mark; Theresa Big Ear, her x mark;
Julia Washington, her x mark; Anna Rubedeau, her x
mark; Josie Dole, her x mark.

SUPPLEMENTAL ARTICLES.

ARTICLE XI.

It is now further agreed by the Commission, on the part of the United States, at the special instance and request of Chief Tohee, that if the Iowas at the expiration of said term of twenty-five years, during which the United States shall hold the allotments in trust for them shall represent to the President that they desire said trust continued, then the President may, in his discretion, extend said period, during which said lands are so held in trust for any period not exceeding five years.

ARTICLE XII.

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An additional tenacre square may be

It is further agreed that when said allotments are being made, the Chief of the Iowas may select an additional ten acres in a square held in common, etc. form for the use of said tribe in said reservation, conforming in boundaries to the legal subdivisions of land therein, which shall be held by said tribe in common but when abandoned by said tribe shall become the property of the United States.

DAVID H. JEROME,
A. M. WILSON,
WARREN G. SAYRE,
Commissioners.

I, Kirwan Murray, do hereby certify that I am the official interpreter chosen by the Iowa tribe of Indians; that I am a member of said tribe; that I interpreted to said Indians the nature and terms and words of the contract to which this is appended, made and entered into by and between David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, Commissioners on the part of the United States,

Certification,

Ratification, etc., of and Foxes, and lowas,

agreements with Sacs

of Indian Territory. Appropriations for

carrying out agree

ment with Sacand Fox Nation.

Special agents for

allotment, etc. Pay.etc. Resurveys.

Compensation.

and the Iowa Indians, residing on their reservation, in the Indian Territory, at the Iowa Village, on the twentieth day of May, in the year of our Lord eighteen hundred and ninety; that said contract was by me fully explained to said Indians and they made to understand the same before it was signed by them; and I further certify that I was personally present when each and every person's name was signed thereto, and witnessed the same and that those whose signatures appear to said contract appended the same thereto understandingly, and where signed by mark or otherwise I attest the same. Given under my hand at the Iowa Village this May twenty-eighth, eighteen hundred and ninety.

Therefore,

KIRWAN MURRAY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said agreements be,,and the same are hereby, accepted, ratified, and confirmed. SEC. 2. That for the purpose of making the allotments provided for in the said agreement, with the Sac and Fox Nation of Indians including the pay and expenses of the necessary special agents, not exceeding three in number, hereby authorized to be appointed by the President for the purpose, and the necessary resurveys, there be, and hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, the sum of six thousand dollars, or so much thereof as may be necessary.

SEC. 3. That for the purpose of making the compensation provided for in said agreement the sum of four hundred and eighty-five thousand dollars be, and the same hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, of which Retained in Treas the sum of three hundred thousand dollars shall be retained in the Treasury of the United States, to the credit of the said Sac and Fox Nation, and bear interest at the rate of five per centum per annum, which shall become due and payable on the first day of March in re- each year, and the remainder shall be disbursed or applied as provided in said agreement

ury.

Interest.

Application of mainder.

Allotments to Iowas.

SEC. 4. That for the purpose of making the allotments provided for in said agreement with the Iowa tribe of Indians, including the Special agents, etc. pay and expenses of special agents appointed by the President for the purpose, and the necessary surveys, there be, and hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, the sum of one thousand dollars, or so much thereof as may be necessary.

Pay, etc.

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SEC. 5. That for the purpose of carrying out the terms and provisions of articles six, seven, and nine of said agreement with the Iowa tribe of Indians there be, and hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, the following sums, to wit:

For this amount, to be expended under the direction of the Commissioner of Indian Affairs, for said Iowa tribe of Indians as provided in article six of said agreement, twenty-four thousand dollars.

For the payment of the first five annual installments, first series, payable semi-annually as provided in article seven, three thousand six hundred dollars.

For this amount, to enable the Commissioner of Indian Affairs to carry out the provision of article nine, for the benefit of William Tohee, chief of the Iowas, three hundred and fifty dollars.

SEC. 6. That for the purpose of determining the descent of land to the heirs of any deceased Indian, under the provisions of article four of said agreement with the Iowa tribe of Indians or under any law or treaty authorizing the issuance of a patent to an Indian or his heirs, according to the laws of the State or Territory where such land is located, whenever any man and woman, either of whom is in whole or in part of Indian blood, shall have cohabited together

as husband and wife according to the custom and manner of Indian life, the issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of persons so living together, and every child of Indian blood, in whole or in part, otherwise illegitimate shall for such purpose be taken and deemed to be the legitimate issue of the father of such child.

actual settlers only,

R. S., sec. 2301, p. 421,

excepted.
Proviso.

Pre-payment of additional price by set

tler.

SEC. 7. That whenever any of the lands acquired by the agree- Opened lands for ments in this act ratified and confirmed, shall by operation of law or under homestead proclamation of the President of the United States, be open to settle- laws. ment, they shall be disposed of to actual settlers only, under the provisions of the homestead laws, except section twenty-three hundred and one, which shall not apply: Provided, however, that each settler, under and in accordance with the provisions of said homestead laws, shall, before receiving a patent for his homestead, pay to the United States for the land so taken by him, in addition to the fees provided by law, the sum of one dollar and twenty-five cents for each acre thereof, and such person, having complied with all the laws relating to such homestead settlement, may at his option receive a patent therefor at the expiration of twelve months from date of Issue of patent. settlement upon said homestead and any person otherwise qualified who has attempted to but for any cause failed to secure a title in fee to a homestead under existing law, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make a homestead entry upon any of said lands. SEC. 8. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of one hundred thousand dollars to be paid to the Sac and Fox band of Indians now all claims. resident in Iowa, in full of all claims of every name and nature which said Indians now have upon the property included in the foregoing agreement of the Sac and Fox Indians in the Indian Territory or upon the United States, for the moneys arising therefrom, said sum to be paid to said Sac and Fox Indians of Iowa by the Secretary of the Interior, per capita, or in such other manner as said Indians shall direct, upon the execution by them, to his satisfaction, of a release as herein required.

Approved, February 13, 1891.

Certain persons failing under existing

law, may enter homestead under this.

Sac and Fox Indians in Iowa. Appropriation to pay

Per capita payment.
Release.

CHAP. 166.-An act to increase the appropriation for the erection of a public building at Portsmouth, Ohio.

February 13, 1891.

Portsmouth, Ohio.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the amount heretofore fixed as the limit of cost for the erection of a public Public building, etc. building by the United States Government at Portsmouth, Ohio, be, and the same is hereby, increased to seventy-five thousand dollars, and that sum is hereby fixed as the limit of cost for the erection of said building, including site.

SEC. 2. That the officers of the United States Government having charge of the erection of public buildings are authorized and required to be governed by the limitation hereby prescribed in making contracts for the erection of said building.

Limit of cost increased. Vol. 25, p. 507.

Limitation on building contracts.

ation.

SEC. 3. That the additional sum of fifteen thousand dollars be, Additional appropriand the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be used and expended for the purposes provided in this act.

Approved, February 13, 1891.

February 13, 1891.

Interstate Bridge and pany may bridge Missouri River near Coun

Street Railway Com

cil Bluffs, Iowa.

Location

CHAP. 167.-An act authorizing the construction of a railway, street railway, motor, wagon, and pedestrian bridge over the Missouri River near Council Bluffs, Iowa, and Omaha, Nebraska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Interstate Bridge and Street Railway Company, a corporation duly authorized and existing under the laws of the State of Nebraska, its successors and assigns, be, and are hereby, authorized to construct and maintain a bridge, and approaches thereto, across the Missouri River between the city of Council Bluffs, in the State of Iowa, and the lands of the East Omaha Land Company, at some point at least onethird of a mile from any other bridge, to be selected consistent with the interests of river navigation. Said bridge shall be constructed Railway, wagon, or to provide for the passage of railway trains, wagons, and vehicles of all kinds, street railway cars, motor cars, animals, foot passengers, and for all road travel for such reasonable rates of toll and under such reasonable rules and regulations as may be prescribed by said corporation, its successors and assigns, and to be approved from time Use by other com- to time by the Secretary of War. And all railroads and street rail

foot bridge.

Tolls.

panies.

Terms.

Construction.

Secretary of War to approve plans, etc.

Change in plan.

etc.

tion.

ways reaching the Missouri River near said point shall be permitted the unobstructed use of said bridge, and the approaches thereto, for engines, cars, and trains in the case of railroads, and for electrical or cable equipments and cars in the case of street railways, at reasonable compensation and rate of toll.

SEC. 2. That said bridge shall be constructed in all respects as a first-class railroad bridge, with ample trackage facilities, and with foundations and superstructure of sufficient strength to admit of the safe passage over the same of railway trains of the maximum weight usually drawn over like railway bridges of the first class by the use of locomotives, and said bridge shall not be built or commenced until the plan and specifications for its construction have been submitted to the Secretary of War for his approval, nor until he shall approve the plan and location of said bridge; and if any change be made in the plan of construction of said bridge at any time such change shall Structural changes, be subject to the approval of the Secretary of War; and any change in the construction, or any alteration of said bridge that may be directed at any time by Congress or the Secretary of War, shall be made at the cost and expense of the owners thereof. That the said Security of naviga bridge shall be constructed without interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the the rights and privileges hereby granted, and in order to secure that object the said corporation shall submit Designs, maps, etc. to the Secretary of War, for his examination and approval, a design of and drawings for said bridge, and a map of the proposed location, giving, for the space of one mile above and one mile below such proposed location, the high and low water lines upon the banks of the river, the direction and strength of the currents at all stages of the water, with soundings accurately showing the bed of the stream and the location of any other bridge or bridges, such maps to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge; and shall furnish such other information as may be required for a full understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of War the construction of said bridge shall not be commenced.

Pivot draw.

SEC. 3. That said bridge shall be constructed as a pivot drawOpenings at draw. bridge, with one draw span affording two clear openings of not less than two hundred feet each, which draw span shall be maintained over the main channel of the river at an accessible and navigable point and with a fixed span or spans each not less than three hundred feet in length in the clear; and the head room under such spans shall

Fixed spans.

Head room.

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