Rapid City, South Dakota, the face aggregate of which is $33,000; also, bonds issued on account of the Reform School at Plankinton, South Dakota, the face aggregate of which is $30,000; also, bonds issued on account of the Normal School at Spearfish, South Dakota, the face aggregate of which is $25,000; also, bonds issued on account of the Soldiers' Home at Hot Springs, South Dakota, the face aggregate of which is $45,000. SEC. 5. The States of North Dakota and South Dakota shall pay one-half each of all liabilities now existing or hereafter and prior to the taking effect of this agree ment incurred, except those heretofore or hereafter incurred on account of public institutions, grounds or buildings, except as otherwise herein specifically provided. SEC. 6. The State of South Dakota shall pay to the State of North Dakota $46,500, on account of the excess of Territorial appropriations for the permanent improvement of territorial institutions which under this agreement will go to South Dakota, and in full of the undivided one-half interest of North Dakota in the territorial library, and in full settlement of unbalanced accounts, and of all claims against the territory, of whatever nature, legal or equitable, arising out of the alleged erroneous or unlawful taxation of Northern Pacific railroad lands, and the payment of said amount shall discharge and exempt the State of South Dakota from all liability for or on account of the several matters hereinbefore referred to; nor shall either State be called upon to pay or answer to any portion of liabilitity hereafter arising or accruing on account of transactions heretofore had, which liability would be a liability of the territory of Dakota had such territory remained in existence, and which liability shall grow out of matters connected with any public institution, grounds or buildings of the territory situated or located within the boundaries of the other State. SEC 7. A final adjustment of accounts shall be made upon the following basis: North Dakota shall be charged with all sums paid on account of the public institutions, grounds or buildings located within its boundaries on account of the current appropriations since March 8, 1889; and South Dakota shall be charged with all sums paid on account of public institutions, grounds or buildings located within its boundaries on the same account and during the same time. Each state shall be charged with one-half of all other expenses of the territorial government during the same time. All moneys paid into the treasury during the period from March 8, 1889, to the time of taking effect of this agreement by any county, municipality or person within the limits of the proposed State of North Dakota, shall be credited to the State of North Dakota; and all sums paid into said treasury within the same time by any county, municipality or person within the limits of the proposed State of South Dakota shall be credited to the State of South Dakota; except that any and all taxes on gross earnings paid into said treasury by railroad corporations, since the 8th day of March, 1889, based upon earnings of years prior to 1888, under and by virtue of the act of the Legislative Assembly of the Territory of Dakota, approved March 7, 1889, and entitled "An Act providing for the levy and collection of taxes upon property of railroad companies in this Territory," being Chapter 107 of the Session Laws of 1889 (that is, the part of such sum going to the Territory) shall be equally divided between the States of North Dakota and South Dakota; and all taxes heretofore or hereafter paid into the said treasury under and by virtue of the act last mentioned, based on the gross earnings of the year 1888, shall be distributed as already provided by law, except that so much thereof as goes to the territorial treasury shall be divided as follows: North Dakota shall have so much thereof as shall be or has been paid by railroads within the limits of the proposed State of North Dakota, and South Dakota so much thereof as shall be or has been paid by railroads within the limits of the proposed State of South Dakota; each state shall be credited also with all balances of appropriations made by the Seventeenth Legislative Assembly of the Territory of Dakota for the account of the public institutions, grounds or buildings situated within its limits, remaining unexpended on March 8, 1889. If there shall be any indebtedness except the indebtedness represented by the bonds and refunding warrants hereinbefore mentioned, each State shall at the time of such final adjustment of accounts, assume its share of said indebtedness as determined by the amount paid on account of the public institutions, grounds or buildings of such State in excess of the receipts from counties, municipalities, railroad corporations or persons within the limits of said State as provided in this article; and if there should be a surplus at the time of such final adjustment, each State shall be entitled to the amounts received from counties, municipalities, railroad corporations or persons within its limits over and above the amount charged it. IN WITNESS WHEREOF, the members of said Joint Commission have subscribed their names hereto, this thirty-first day of July, A. D. 1889, at Bismarck, Dakota. SEC. 2. And the State of North Dakota hereby obligates itself to pay such part of the debts and liabilities of the Territory of Dakota as is declared by the foregoing agreement to be its proportion thereof, the same as if such proportion had been originally created by said State of North Dakota as its own debt or liability. SEC. 2. And the State of South Dakota hereby obligates itself to pay such part of the debts and liabilites of the Territory of Ďakota as is declared by the foregoing agreement to be its proportion thereof, the same as if such proportion had been originally created by said State of South Dakota as its own debt or liability. On motion the report was adopted by the affirmative vote of all members of the Commission. Adjourned to meet at 9 p. m. EVENING SESSION. Mr. Camp called the Commission to order. All of the members were present. The articles prepared by the Commission and adopted at the afternoon session were presented, and it was moved and seconded that the members of the Commission do now sign the same, which motion was carried by the unanimous vote of the Commission, and the articles were thereupon signed by the Commission. The following resolutions were presented and adopted: Resolved, That the thanks of this Joint Commission be, and they are hereby extended to the Chairmen of the respetive committees, Messrs. Camp and Kellam, for their admirable execution of the duties imposed upon them, and particularly for their labors in the preparation of the final agreement between the two States. Resolved, That thanks are likewise extended to the Clerks and Stenographers of the Commission for the manner in which their duties have been performed The following resolution was presented and adopted unani-· mously: Resolved, That the thanks of the Commission be extended to Gov. A. C. Mellett, for the use of his rooms at the Capitol for meetings of this Commission. The journal was then read, corrected and approved. On motion the Commission adjourned in accordance with a INDEX TO MEMBERS. MR. ALLIN- Motions, Petitions, etc., by pages, 16, 38, 166, 327, 338, 346. MR. ALMEN-Motions, etc., by pages, 185. MR. APPLETON-47, 114, 172, 178, 182, 185, 206, 308, 348. MR. BUDGE-Motions. MR. BENNETT-Motions, 49, 120, 190. MR. BELL-305, 327, 335. BARTLETT, DAVID-25, 54, 130, 152, 162, 171, 178, 185, 186, 187, 194, 197, 204, 270, 283, 285, 288, MR. BEAN-25, 39, 62, 165, 180, 198, 199, 299, 306. BARTLETT, L. D.-26, 60, 295, 323, 335. MR. BLEWETT-18, 26, 34, 40, 46, 56, 58, 146, 153, 156, 159, 160, 162, 167, 176, 287, 324, 3.50, 352. MR. BROWN- MR. CHAFFEE- MR. CLAPP-46, 49, 151, 274, 282, 295, 305, 208, 310, 324, 333. MR. CLARK-24, 60. MR. CAROTHERS-41. MR. COLTON-38, 114, 156, 270, 284, 305, 314, 315, 345. MR. CARLAND-3, 4, 7, 15, 18, 52, 130, 156, 170, 172, 174, 177, 269, 287, 323, 334, 336. MR. CAMP-3, 5, 23, 25, 39, 46, 52, 54, 123, 124, 126, 130, 147, 179, 184, 202, 205, 206, 217, 274, 279, 281, MR. DOUGLAS-55. MR. ELLIOTT-30. MR. FANCHER- MR. FAY-32, 55, 60. MR. FLEMINGTON-23, 35, 37, 53, 146, 151, 167, 172, 175, 200, 205, 285, 287, 289, 308, 335, 336, 349. MR. GRIGGS-17, 303, 329. MR. GRAY-24, 40, 60. MR. GLICK-50, 146 MR. GAYTON-175. MR. HAUGEN-23, 35, 51. MR. HEGGE -56, 61, 311, 312. MR. HOLMES -319, 321. MR. HARRIS-1, 2, 6, 19, 31, 114, 311, 322, 327, 337, 338, 340, 350. MR. HOYT— MR. LAUDER--19, 58, 117, 146, 166, 175, 178, 185, 194, 202, 204, 205, 267, 269, 274, 288, 297, 298, 299, MR. LEACH-287, 327. MR. LINWELL-40, 55. MR. LOWELL---41, 49, 59, 192, 315. MR. LOHNES- 60, 125. MR. MOER--1, 17, 20, 35, 114, 123, 149, 152, 153, 156, 160, 167, 170, 173, 174, 178, 206, 207, 265, 269, 278, MR. MCKENZIE-55. MR. MILLER 6, 8, 12, 27, 31, 39, 41, 43, 46, 47, 62, 123, 130, 131, 150, 152, 171, 172, 174, 197, 207, 215, MR. MEACHAM- MR. MATHEWS-50, 62, 186, 202. MR. MARRINAN 327. MR. MCHUGH --3, 5, 62, 121, 122, 123, 145, 151, 153, 174, 178, 186, 199, 205, 206, 304, 315, 321, 322, 333. MR. NOBLE-8, 47, 130, 160, 167, 271, 284, 296, 297, 322, 323, 324, 337, 338. MR. O'BRIEN- PARSONS, A. S. -1, 6, 7, 27, 31, 46, 48, 55, 58, 63, 114, 120, 124, 151, 170, 174, 202, 203, 205, 266, 275, PARSONS, D. P.-23, 27, 50, 126, 146, 172, 270, 271, 314, 336, 339. MR. POWLES- MR. POWERS- MR. PETERSON-321. MR. PAULSON- MR. PURCELL-3, 5, 15, 16, 19, 113, 166, 167, 177, 183, 199, 272, 275, 278, 282, 294, 299, 302, 320, 323, MR. POLLOCK-24, 49, 58, 61, 145, 170, 183, 280, 281, 287, 291, 303, 305, 322, 334, 336, 347. MR. JOHNSON-5, 6, 7, 16, 20, 26, 51, 169, 187, 198, 202, 274, 275, 279, 281, 284, 286, 304, 307, 321, MR. ROBERTSON-35, 41, 114, 167. MR. RICHARDSON-16, 35, 114, 173. MR. RAY- MR. ROWE-2, 6, 23, 60, 154, 172, 179, 265, 280, 295. MR. ROLFE-1, 6, 24, 48, 121, 145, 266, 275, 278, 280, 289, 290, 294, 301, 305, 309, 400. MR. STEVENS-2, 4, 12, 18, 19, 20, 30, 37, 40, 41, 47, 53, 54, 113, 162, 165, 166, 172, 175, 185, 190. 192, |