GENERAL PLAN OF AGREEMENT PROPOSED AND RECOMMENDED.

PUBLIC INSTITUTIONS.

Each State shall take the public institutions located within its boundaries, with all appurtenances, furniture, etc. And shall assume the payment of all indebtedness against the territory, bonded or funded, on account of such institutions respectively.

All other items of personal property and miscellaneous effects belonging to the territory, except the territorial library, and the territorial records and archives, shall be divided as nearly equally as possible between North and South Dakota. The State of South Dakota shall pay to the State of North Dakota $42,500, on account of excess of territorial appropriations for the permanent improvement of territorial institutions which under this agreement will go to South Dakota, 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 any liability hereafter arising or accruing on account of transaction heretofore had, which liability would be a liability of the Territory of Dakota had such territory remained in existence, and which liability shall go out of matters connected with any public institutions of the territory situated or located within the boundaries of the other State.

Neither State shall pay any portion of any liability of the territory arising out of erroneous taxation of property in the other State.

Each committee shall make a sealed statement of the amount it is willing to pay for the undivided half of the public library, and the one offering the larger sum shall take the library at the sum so offered.

If on investigation it appears that the militia property is divided between North and South Dakota companies in proportion nearly equal, then the property is to remain within that State within the limits of which it now is; otherwise it is to be divided as nearly equally as possible. The final adjustment of accounts shall be made upon the following basis: North Dakota shall be charged with all sums paid to the public institutions located within the boundaries on account of the current appropriations since the same became available; and South Dakota charged with all sums paid to public institutions located within its boundaries on the same account and during the same time. Each State to be charged with one-half of the general expenses during the same time. That all moneys paid in to the treasury during this period from about March 11, to the time of final adjustment, from North Dakota shall be credited to North Dakota, and all such sums paid from South Dakota for the same time shall be credited to South Dakota, except that all railroad taxes paid into the territorial treasury since date above mentioned for years prior to 1889 (that is, the part thereof going to the territory) shall be equally divided between North and South Dakota, and the rail-road tax for 1889 shall be distributed as already provided by law, except that so much of said tax as goes to the territorial treasury shall be divided as follows: North Dakota shall have so much thereof as is paid by railroads in North Dakota and South Dakota so much thereof as is paid by railroads in South Dakota.

If there shall be an indebtedness at the time of the final division each shall assume its share as determined by the amount paid to each section in excess of the receipts from each section, and if there shall be a surplus at the time of such division, each shall be entitled to the amount it has paid in over and above the amounts it stands charged with.

The payment from South Dakota to North Dakota, or as much of it as possible shall be made by South Dakota assuming North Dakota’s share of current liabilities at time of final adjustment, including North Dakota’s share of cost of copying records.

It is further recommended that South Dakota and North Dakota pay one half each of all liabilities now existing, but not audited and allowed, except those incurred on account of public institutions.

Each State shall succeed to all rights of the territory upon contracts for public works within such State or bonds to secure the completion of such contracts. Each State shall receive all unexpended balances of the bonds which it is to pay whether such balances have been covered back into the treasury or not.

A. G. KELLAM, E. A. CAMP,

Committee.