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), Ássistant 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. es. 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.

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 1st 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, requiring 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

plexing questions involved, and the well-known readiness of designing whites to take advantage of any oversight or flaw in the dealings of the agents of the government with the Indians, whereby they might hope to reap some advantage to themselves, no expression of dissatisfaction has reached this office from any of the Miamies, and I believe strict justice has been done.

Although this money was due to the Miamies by treaty on the 1st day of July, 1880, no action was taken toward providing for its payment until March 3, 1881. The interest, however, for the year 1881, although not provided for in the treaty, was paid to them, and this was satisfactory; but as the payment of the principal was still deferred for at least six months, during the fiscal year 1882, without fault of theirs, they consider themselves, through the precedent of having been paid for 1881, and in equity, entitled to additional interest. This they are the rather disposed to expect as they appear to have heard of the appropriation made for paying them for the full fiscal year 1882, which still remains on the books in this office. It therefore seems necessary that some further action be taken in the case to finally settle it, either by allowing them a part of the money, say interest for six months of the year 1882, or by covering the whole amount back into the Treasury.

Winnebagoes.-Circumstances have prevented my fully carrying out the provisions of the act approved January 18, 1881, for the benefit of these Indians. The clerk who was detailed from this office to take a census of those in Wisconsin was prevented through the interference of some meddlesome whites from completing it as quickly as had been anticipated. No appropriation had been made to meet his expenses, and but a very limited amount could be spared from the contingent fund of this department for that purpose, and when this was exhausted, in December last, he was compelled to abandon the effort to complete the census, leaving about one-third of these Indians yet to be enrolled. Early in the following spring I called the attention of the department to the difficulties in the case, and suggested that an appeal be made to Congress for funds to complete the work, but no appropriation was made for the purpose. This is to be regretted, as the Indians need the money and are in most instances prepared to make a good use of it, and any considerable delay may necessitate going over much of the ground again. Several parties in Wisconsin have expressed a desire to finish this work, but I am of the opinion that sending a competent and perfectly disinterested person to do it would be most beneficial to the Indians, by preventing the possibility of their being controlled by self-constituted, unscrupulous attorneys, such as have already greatly retarded my efforts to properly carry out the act. I therefore repeat my former suggestion, that funds should be provided for this purpose.

The number of Indians who on account of the interference of white men refused to be enrolled is about 250. As a result of this partial failure, no money has been paid to those Indians who complied with the request of the government, and they are made to suffer because of the obstinate and rebellious attitude of a part of the tribe. This is making the innocent suffer for the acts of the guilty, and ought, in some manner, to be remedied, so that the law-abiding ones should be paid what is justly due them. I can see neither reason nor justice in refusing or neglecting longer to pay these Indians who have willingly done all that was required of them by the government.

As several of these Indians, in anticipation of this money, selected lands, which the want of it rendered them unable to secure, a temporary expedient was resorted to, and an arrangement made with the hon

orable Commissioner of the General Land Office, whereby the claimants can go before the agent for the office nearest to them, and, by proving their Winnebago blood, &c., and their willingness to comply with the provisions of the act of July 18, 1881, the land they have selected can be reserved for them until this money is paid.

Wyandottes. The payment to this tribe of Indians of $28,109.51, the sum appropriated by the act of March 3, 1881, which was to be in full payment of their claim under treaty of February 23, 1867, was completed on the 13th of April last. A very careful census having been taken, and the claims of those who applied to be enrolled carefully examined, all who could not be proved to be members of the Wyandotte tribe, as defined in the treaties made with these Indians, were rejected. The payment seems to have been very satisfactory to the Indians, especially as the claim of Isaiah Walker, for $17,900 for a ferry franchise, on being examined, was not considered good against this fund, and was therefore disallowed.

Sae and Fox, lowa.-Since my report for 1881, this branch of the Sac and Fox tribe has become more tractable and willing to comply with the rules governing annuity payments, so that $40,000 of their back and current annuities has been paid to them, viz, $20,000 in January last, and the same amount in the following August. This was a per capita of about $128, or over $500 to each family of four persons, which number their domestic relations will average. Of this large sum, after paying some back taxes on their lands, they had expended, by September 1, almost every cent, except about $3,000, with which they propose to purchase more land, which they greatly need. It is to be regretted that at least half of the entire payment could not have been used for this purpose, rather than squandered in ways, if not injurious, yet of but doubtful benefit to them. But as the money was their own, no action could be taken by this office further than giving them good advice.

The agent complains of drunkenness amongst these Indians, which he, for want of means, is unable to prevent, but it is hoped the stringent liquor law now in force in that State will result in their being benefited to a greater degree by future annuities.

All the other regular annuities, &c., have been paid during the year without incident worthy of special remark, and it is a gratifying fact that although a total sum of about $650,000 has been so disbursed to the Indians, during this time, having to pass through many hands, and find its way to the owners often in the least civilized part of the country, no case of loss to the government or to the Indian has occurred, either through accident, carelessness, or design. The present system of enrolling the Indians is so perfect, each birth, death, change in relationship of members of families, English and Indian name, age, and sex being duly recorded, that oversight or imposition is almost impossible, and general satisfaction among the Indians is the result.

EDUCATION.

Exclusive of the five civilized tribes, the whole number of Indian pupils attending school the past year has been 8,412. Of these 476 were in attendance at the Carlisle, Hampton, and Forest Grove training schools. Of the remainder 3,937 attended reservation boarding schools and 3,999 reservation day schools. The average attendance for the year has been 5,126. A table giving the schools in detail, with the attendance and condition of each, will be found on page 376. The following