Page:United States Statutes at Large Volume 13.djvu/653

 TREATY WITH THE KICKAPOO INDIANS. JUNE 28, 1862. 625 herein provided for. And such Indians shall be entitled to the benefits of their full proportionate share of all assets belonging to said tribe, in the same manner that they would have been entitled had such removal not been made. Anrxorn V. The Kickapoo tribe of Indians, entertaining the opinion Atchison and that it is the desire of the government and the people of the United States Plkgs P°“:‘ R°“l' to extend railroad communication as far west as possible in the shortest Zggaigaiindg possible time, and believing that it will greatly enhance the value of their lands reserved in severalty by having a railroad built, connecting with the eastern railroads running from the city of Atchison, in the state of Kansas, westerly in the direction of the gold mines in Colorado territory; and entertaining the opinion that the Atchison and Pike’s Peak Railroad Company, incorporated by an act of the legislative assembly of the territory of Kansas, approved February 11th, 1859, has advantages for travel and transportation over all other companies, it is therefore provided that the Atchison and Pike’s Peak Railroad Company shall have the privilege of buying the remainder of their land within six months after the tracts herein otherwise disposed of shall have been selected and set apart, pro- proviso_ vided said railroad company purchase the whole of such surplus lands at the rate of one dollar and twenty-6ve cents per acre ; and when the selections shall have been made and assigned as aforesaid, it shall be the duty of the Commissioner of Indian Affairs to notify the president of said railroad company thereof; and if said railroad company signifies its consent to purchase said surplus lands, the Secretary of the Interior shall issue Sec page BL to said railroad company certificates of purchase, and such certificates shall be deemed and held in all courts as evidence of title and possession in said railroad company to all or any part of said lands, unless the same shall be forfeited as hereinafter provided. And if said railroad company Conditions or make such purchase, it shall be subject to the following considerations, viz: P‘“'°h"°‘ They shall construct and fully equip a good and eilicient railroad from the city of Atchison, in the state of Kansas, westerly, within six years, and as follows: The iirst section of fifteen miles of said road to be completed within three years from the date of said purchase, and the second section to a point as far west as the western boundary of saidreservation within three years thereafter; and no patent or patents shall issue to said company or its assigns for any portion of said lands until the first section of said road shall be completed, and then for not more than one half of said lands; and no patent or patents shall issue to said company or its assigns for any of the remaining portion of said lands until said second section of said railroad shall be completed as aforesaid; and before any patents shall issue for any part of said lands, payments shall be made for the lands tobe patented at the rate of one dollar and twenty-tive cents per acre. And said company shall pay the whole amount of the purchasemoney for said lands, in the securities of the United States to the Secretary of\the Interior, in trust for said Kickapoo Tribe of Indians, within six years from the date of such purchase; and when so paid the President is authorized hereby to issue patents therefor. Said company shall, in like manner, pay to the Secretary of the Interior, in trust as aforesaid, each and every year, until the whole purchase·money shall have been paid, interest from date of purchase, at six per cent. per annum, on all the purchase-money remaining unpaid. Said interest,, and the interest due on the purchase-money after it is paid to the United States, shall be held in trust and paid to said Indians on the flrst day of April of each and every year; and in ten years from the ratification of this treaty there shall be paid by the United States to said tribe of Indians ten thousand dollars, as their first instalment upon the amount of said purchase-money, and ten thousand dollars each and every year thereafter until all is paid. ARTICLE VI. In case said railroad company shall fail to complete Eglgggfgn w either section of said railroad in a good and edicient manner, or shall fail hgmu and void, von. xm. Tamar. -— 53