UNIVERSITY OF CALIFORNIA LOS ANGELES LAW LIBRARY ft ■ ' ANNOTATED ACTS OF CONGRESS FIVE CIVILIZED TRIBES AND THE OSAGE NATION COMPILED AND ANNOTATED BY C. L. THOMAS OF THE LAW FIRM OF RAMSEY AND THOMAS MUSKOGEE, OKLAHOMA PUBLISHED BY E. W. STEPHENS PUBLISHING CO. COLUMBIA, MISSOURI 1913 T' Copyright, 1913, by C. L. Thomas hi w PREFACE The book herewith presented is the result of a keenly felt want for a handy, pocket sized volume containing a compila- tion of all of the various Acts of Congress pertaining to the lands and affairs of the Five Civilized Tribes of Indians and the Osage Nation. We have endeavored to supply this want. and have here compiled all of such Acts of Congress, com- mencing with the Act of 1889 establishing the first United States Court in the Indian Territory. We have then set forth all subsequent Acts, parts of Acts, Treaties and Agreements, of more than mere local, temporary or individual significance, pertaining to the affairs of the Five Civilized Tribes and the Osage Nation, which have been passed and approved up to and including the year 1912. We have also set forth the laws of descent of the various Indian Tribes. Each Act of Con- gress, construed, cited or referred to, has been carefully anno- tated, the annotations covering the following reports: All of the decisions of the Court of Appeals for the Indian Territory ; The decisions of the Supreme Court of Oklahoma, up to and including Volume 33 of the Oklahoma Reports, and Volume 129 of the Pacific Reporter; The decisions of the United States Courts for the Eastern District of Oklahoma and of the Circuit Court of Appeals for the Eighth Circuit, up to and including Volume 200 of the Federal Reporter; the decisions of the Supreme Court of the United States up to and including Vol- ume 225 of the United States Reports. We have had in- serted at the conclusion of various Acts, blank pages to permit of further annotations by one sufficiently interested. We be- lieve that this book will prove to be a time and labor saver, and trust that it will meet with the approval of the profession. Ramsey and Thomas TABLE OF CONTENTS. 1871, Act of March 1. (18 Stat. L. 566) 1S89, Act of March 1 . (25 Stat. L. 783) 1890, Act of May 2 . . . (26 Stat. L. 81) 1895, Act of March 1 . (28 Stat. L. 693) 1896, Act of Feby. 8. . (29 Stat. L. 6) 1897, Act of Jany. 30. (29 Stat. L. 506) 1897, Act of Feby. 3 . . (29 Stat. L. 510) 1901, Act of March 3. (31 Stat. L. 1447) 1902, Act of Feby. 28. (32 Stat. : L. 443) 1902, Act of March 24 (32 Stat. L. 90) 1902, Act of May 19.. (32 Stat. L. 200) 1898, Act of June 28 . . (30 Stat. L. 495) 1898, Act of June 28 . . (30 Stat. L. 505) 1898, Act of June 28 . . (30 Stat. L. 514) 1901, Act of March 1 . (31 Stat. L. 861) 1902, Act of June 30. . (32 Stat. L. 500) 1898, Act of July 1... (30 Stat. L. 567) Page .No Future Treaties with Indians 1 .United States Court in Indian Terri- tory Established 1 .Laws of Arkansas Extended Over the Indian Territory 6 .Indian Territory Judiciary — Liquor Law 19 .Appeals from Indian Territory Courts 23 . Liquor Law 23 .Providing for Recording of Mortgages in Indian Territory 25 . Citizenship Accorded Indians 26 . Enid and Anadarko Railway Act 27 .Change of Indian Territory Judicial Districts 43 .Authorizing Issuance of Bonds by Cities and Towns in Indian Territory 44 . Original Curtis Act 46 .Atoka Agreement 71 . Rejected Creek Agreement 90 .Original Creek Agreement 100 .Supplemental Creek Agreement 129 .Seminole Agreement of 1897 H4 (vii) viii Table of Contents. Page 1900, Act of June 2 Seminole Agreement of 1899 150 (31 Stat. L. 250) 1902, Act of July 1 Supplemental Choctaw - Chickasaw ( 32 Stat. L. 641 ) Agreement 152 1902, Act of July 1 . . . .Cherokee Agreement 192 (32 Stat. L. 716) 1900, Act of June 6. . . . Timber and Stone Act 221 (31 Stat. L. 660) 1903, Act of Jany. 21 . .Timber and Stone Act 223 (32 Stat. L. 774) 1903, Act of Feby. 19.. Indian Territory Recording Act 223 (32 Stat. L. 841) 1904, Act of March 11 . Pipe Line Act 225 (33 Stat. L. 65) 1904, Act of April 28 .. Authorizing Segregation of Coal and (33 Stat. L. 544) Asphalt Lands in Choctaw-Chicka- saw Nations 227 1904, Act of April 28 .. Additional Judges in Indian Territory (33 Stat. L. 573) — Arkansas Probate Laws Extended to Estates of Indians 229 1906, Act of April 26.. Later Curtis Act; Providing for Dispo- (34 Stat. L. 137) sition of Affairs of the Five Civil- ized Tribes 231 1906, Act of March 2. .Joint Resolution, Extending Tribal Ex- ( 34 Stat. L. 822 ) istence 258 1907, Act of March 2.. Providing for Relief of White Persons (34 Stat. L. 1220) Intermarried with Cherokee Citi- , zens 258 1908, Act of May 27. .. Providing for Removal of Restrictions (35 Stat. L. 312) from Lands of Allottees and for Other Purposes 259 1908, Act of May 29 ... Providing for Segregation of Lands for (35 Stat. L. 444) Townsite Purposes — Sale of Unal- lotted Lands 273 1910, Act of June 25.. Allowing Appeals in Government Land (36 Stat. L. 836) Suits 274 1910, Act of June 25 .. Providing for Issuance of Deeds after (36 Stat. L. 855) Death of Allottee i. . 275 1912, Act of Feby. 1 9 .. Providing for Sale of Surface of Seg- regated Coal and Asphalt Lands . . . 275 Table of Contents. ix EXTRACTS FROM APPROPRIATION ACTS. Page 1893, Act of March 3.. (27 Stat. L. 645) 281 1894, Act of Aug. 15... (28 Stat. L. 280) 284 1895, Act of March 2. . (28 Stat, L. 87G) 284 1895, Act of March 2. . (28 Stat. L. 399) 284 1896, Act of June 10.. . (29 Stat. L. 339) 285 1897, Act of June 7.... (30 Stat. L. 83) 290 1898, Act of July 1 . ... (30 Stat. L. 591) 293 1899, Act of March 1 . . ( 30 Stat. L. 939) 294 1900, Act of May 31 . . . (31 Stat. L. 221) 294 1901, Act of March 3. . (31 Stat. L. 1077) 299 1902, Act of May 27. . . (32 Stat. L. 245) 300 1902, Joint Res. May 27. (32 Stat. L. 742) 303 1903, Act of March 3. . (32 Stat. L. 982) 304 1904, Act of April 21 . . (33 Stat. L. 189) 306 1905, Act of March 3 . . ( 33 Stat. L. 1048 ) 310 1906, Act of June 21.. . (34 Stat. L. 325) 315 1907, Act of March 1. ..(34 Stat. L. 1015) 318 1908,. Act of April 30.. (35 Stat. L. 70) 319 1909, Act of March 3 . . ( 35 Stat. L. 781 ) 320 1910, Act of April 4... (36 Stat. L. 269) 322 1911, Act of March 3. . (36 Stat. L. 1058) 322 1912, Act of Aug. 24. . . (— Stat. L. ) 323 LAWS AFFECTING THE OSAGE NATION. 1905, Act of March 3 . . President Authorized to Allot Lands (33 Stat. L. 1061) of Osage Nation — Osage Townsite Commission Created 326 1906, Act of June 4 Osage Recording Act 329 (34 Stat. L. 208) 1906, Act of June 28.. Osage Allotment Act 330 (34 Stat. L. 539) 1909, Act of March 3 .. Authorizing Secretary of the Interior (35 Stat. L. 77) to Sell Surplus Lands 342 1909, February 27 Joint Resolution Relating to Home- ( 35 Stat. L. 1167 ) stead Designations 342 1911, Act of March 3.. Osage Civilization Fund to be Closed.. 343 (36 Stat. L. 1062) INDIAN LAWS OF DESCENT. Creek Nation 344 Choctaw Nation 345 Chickasaw Nation 34G Cherokee Nation 347 TABLE OF CASES CITED. (References are to Pages.) A Adams v. Murphy, 165 Fed. 304; 47. Adkins v. Arnold, 32 Okla. 167, 121 Pac. 186; 13. Ainsley v. Ainsworth, 4 I. T. 308, 69 S. W. 884; 86. Alberty v. United States, 162 U. S. 500, 40 L. Ed. 1051 ; 8. Alexander v. Rainey, 28 Okla. 518, 114 Pac. 710; 263. Alfrey v. Colbert, 7 I. T. 338, 104 S. W. 638, 168 Fed. 231; 137, 307. Allen v. Oliver, 31 Okla. 356, 121 Pac. 226; 195. Alluwe Oil Co. v. Shufflin, 32 Okla. 808, 124 Pac. 15; 217, 247, 262. Appolas v. Brady, 49 Fed. 401; 13. Archard v. Farris, 4 I. T. 123, 69 S. W. 821 ; 19. Ardmore Coal Co. v. Bevil, 61 Fed. 757; 13. Armstrong v. Wood, 195 Fed. 137; 68, 105, 120, 132, 292. Arnold v. Campbell, 3 1. T. 552. 64 S. W. 532; 13. Atoka Coal & Mining Co. v. Adams, 3 I. T. 192, 53 S. W. 539; 61, 62. Austin v. Chambers, 124 Pac. 310, 33 Okla. 40; 197. B Ballinger v. Frost, 216 U. S. 240, 54 L. Ed. 464; 87, 161, 178, 298, 305. Baker v. Hammett, 23 Okla. 480. 100 Pac. 1114; 129, 137, 141. Baker v. Marcum & Toomer, 22 Okla. 21, 97 Pac. 572; 58. Baker v. Newton, 27 Okla. 436, 112 Pac 1034; 13. Baldwin v. Farris, 2 I. T. 438, 51 S. W. 1077; 19. Bank of Grove v. Dennis, 30 Okla. 70. 118 Pac. 570; 13. Barnett v. Way. 29 Okla. 780, 119 Pac. 418; 53, 103, 105, 116, 120. Barnes v. Stonebreaker, 2S Okla. 75, 113 Pac. 903; 106, 137. Barnsdall v. Owen, 200 Fed. 519; 217, 262. Bartlesville Vitrified Brick Co. v. Barker, 26 Okla. 144, 109 Pac. 72; 216. Barton v. Hulsey, 4 I. T. 260, 69 S. W. 868; 48, 67. Beck v. Jackson, 23 Okla. 812, 101 Pac. 1109; 87, 122. Bell v. Cook, 192 Fed. 597; 261, 262, 263, 264, 266. Berryhill's Estate, In re, 7 I. T. 593, 104 S. W. 847; 314. (xi) xii Table of Cases Cited. Bettes v. Brower, 184 Fed. 342; 157, 201. Bickford v. Bruce, 21 Okla. 892, 97 Pac. 648; 314. Bilby v. Brown, 126 Pac. 1024; 120. Burton v. Platter, 53 Fed. 901; 13. Blackburn v. Muskogee Land Co., 6 I. T. 232, 91 S. W. 31; 139. Blakemore v. Johnson, 24 Okla. 544, 103 Pac. 554; 103, 137, 139, 307. Bledsoe v. Wortman, 129 Pac. 841; 158, 194, 195, 196, 230, 298, 307. Bodle v. Shoenfelt, 22 Okla. 94, 97 Pac. 556; 141. Bohart v. Hull, 2 I. T. 45, 47 S. W. 306; 5. Bonner, In re, 57 Fed. 184; 3. Boudinot v. Boudinot, 1 I. T. 107, 48 S. W. 1019; 69, 8G. Boudinot v-. Morris, 26 Okla. 768, 110 Pac. 894; 259. Bowen v. Ledbetter, 32 Okla. 513, 122 Pac. 131; 87, 161. Bowling v. United States, 191 Fed. 19; 27. Boyt v. Mitchell, 4 I. T. 47, 64 S. W. 610; 19. Brady v. Sizemore, 124 Pac. 615, 33 Okla. 109; 120, 132, 302, 303. Bragdon v. McShea, 26 Okla. 35, 107 Pac. 916; 137. Brann v. Bell, 192 Fed. 427; 120, 132. Brennan v. Shanks, 24 Okla. 563, 103 Pac. 705; 111. Bristow v. Caniger, 24 Okla. 325, 103 Pac. 596; 86. Brought v. Cherokee Nation, 4 I. T. 462, 69 S. W. 937, 129 Fed. 192; 48, 49, 50. Brown's Estate, In re, 22 Okla. 216, 97 Pac. 613; 137. Brown v. Van Meter, 62 Fed. 557; Brown v. Woolsey, 2 I. T. 329, 51 S. W. 965; 13. Bruner v. Ft. Smith & W. R. Co., 127 Pac. 700, 33 Okla. 711; 43. Bruner v. Sanders, 26 Okla. 673, 110 Pac. 730; 13, 53, 66, 106, 120, 151, 160. Bruner v. United States, 4 I. T. 580, 76 S. W. 244; 86. Burch v. United States, 7 I. T. 284, 104 S. W. 619; 21. Burdett v. Burdett, 26 Okla. 416, 109 Pac. 922; 13. Buster v. Wright, 4 I. T. 300, 69 S. W. 882, 5 I. T. 404, 82 S. W 855, 135 Fed. 947; 61, 111, 113, 124, 302. C Campbell v. McSpadden, 127 Pac. 854; 263, 307. Campbell v. Scott, 3 I. T. 466, 58 S. W. 719; 69. Capital Townsite Co. v. Fox, 6 I. T. 223, 90 S. W. 614; 111, 127. Capps v. Hensley, 23 Okla. 311, 100 Pac. 515; 122. Carter, Ex parte, 4 I. T. 539, 76 S. W. 102; 302. Carter v. United States, 1 I. T. 342, 37 S. W. 204; 5, 13. Castell v. McNeely, 4 I. T. 11, 64 S. W. 594; 48, 49, 289. Chapman v. Siler, 30 Okla. 714, 120 Pac. 608; 53, 139, 247. Checote v. Hardridge, 123 Pac. 846; 106, 120. Table of Casks Cited. xiii Cherokee Nation v. Hitchcock, 187 U. S. 299, 47 L. Ed. 183; 1, 53, 56, 61, 283, 285, 289. Cherokee Nation v. Whitmire, 223 U. S. 108, 56 L. Ed. 370; 66. Choate v. Trapp, 28 Okla. 517, 114 Pac. 709, 224 U. S. 665, 56 L. Ed. 941 ; 87, 155, 156, 157, 158, 261, 263. Chouteau v. Chouteau, 25 Okla. 426, 106 Pac. 854; 314. Clairmont v. United States, 225 U. S. 551, 56 L. Ed. 1201; 24. Clawson v. Cottingham, 125 Pac. 1114; 337. Coal & Improvement Co. v. McBride, 3 I. T. 223, 54 S. W. 1099; 61. Coachman v. Sims, 129 Pac. S45; 106. Cochran v. Hocker, 124 Pac. 953; 58, 60, 111. Coombs v. Miller, 24 Okla. 576. 103 Pac. 590; 159, 160. C. O. & G. K. Co. v. Bond, 6 I. T. 515, 98 S. W. 335; 43. C. O. & G. R. Co. v. Loper, 6 I. T. 432, 98 S. W. 150; 13, 19. Cornelius v. Murray, 31 Okla. 174, 120 Pac. 653; 159, 163. Cowles v. Lee, 128 Pac. 688; 247. Crabtree v. Madden, 54 Eed. 426; 5. Crowell v. Young, 4 I. T. 36. 148, 64 S. W. 607, 69 S. W. 829; 5, 13, 292. Curlee, Ex parte, 20 Okla. 192, 95 Pac. 414; 15. D Daniels v. Miller. 4 I. T. 426, 69 S. W. 925; 48, 49, 50. Daniels v. Taylor, 145 Eed. 169. Davis v. Selby Oil & Gas Co., 128 Pac. 1083; 139. Davis Estate, In re. 32 Okla. 209, 122 Pac. 547; 5, 13 87, 137, 155, 157, 230. 233, 234, 246, 247, 249, 261, 283, 289, 307. Dawes v. Benson. 5 I. T. 50, 82 S. W. 1141; 168, 169, 171. Dawes v. Cundiff, 5 I. T. 47, 82 S. W. 228; 168, 169, 171. DeGraffenried v. Towa Land & Trust Co., 20 Okla. 687, 95 Pac. 624; 53, 86, 105, 106, 116, 120, 234, 285, 292, 302, 303. Delaware Indians v. Cherokee Indians, 193 U. S., 48 L. Ed. 646 ; 68, 199. Delk's Estate. In re, 2 I. T. 572, 52 S. W. 52; 13. Iteming Investment Co. v. United States, 224 U. S. 471, 56 L. Ed. 847; 149, 274, 307. Dennee v. Cromer, 114 Fed. 623; 17, 58. Dennis v. McCoy, 4 I. T. 233, 69 S. W. 858; 19. Denton v. Capital Townsite Co., 5 I. T. 396, 82 S. W. 852; 62. Denver, W. & M. Ey. Co v. Adkinson, 28 Okla. 1, 119 Pac. 247; 43, 161. DeWalt v. Cline, 128 Pac. 121 ; 266. Dick v. Ross, 6 I. T. 85, 89 S. W. 664; 66, 198, 283, 285, 289, 292. Dickson, Ex parte, 4 I. T. 481, 69 S. W. 943; 18. xiv Table of Cases Cited. Divine v. Harmon, 30 Okla. 820, 121 Pac. 219; 53, 105, 100, 120, 28!), 292. Dukes v. Goodall, 5 I. T. 145, 82 S. W. 702; 289. Dukes v. McKenna, 4 I. T. 150, 69 S. W. 832; 1. E Eastern Cherokees v. United States, 225 U. S. 572, 50 L. Ed. 1212; 215, 305. Eberle v. King. 20 Okla. 49, 93 Pac. 748; 21, 46, 319. Eddy v. LaEayette, 49 Fed. 798; 13. Eldred v. Okmulgee Loan & Trust Co., 22 Okla. 742, 98 Pac. 929; 106, 111, 113, 124, 137, 139, 307. Ellis v. Eitzpatrick, 118 Fed. 430; 71. Elliott v. Garvin, 166 Fed. 278; 87. England Bros. v. Young, 26 Okla. 494, 110 Pac. 895; 13. Engleman v. Cable, 4 I. T. 236, 69 S. W. 894; 13. English v. Richardson, 224 U. S. 680, 56 L. Ed. 949; 137, 263. Evans v. Victor, 199 Fed. 504; 24. Evans-Snider-Buel v. McFadden, 105 Fed. 293, 185 U. S. 505, 46 L. Ed. 1012; 13, 25. Evarts v. Town of Bixby, 24 Okla. 176, 103 Pac. 621; 17. F Fawcett v. Hill, 29 Okla. 461, 118 Pac. 132; 102, 103, 111, 112. Feland's Estate, In re, 20 Okla. 448, 110 Pac. 736; 87, 230, 292. First National Bank of Vinita v. First National Bank of Pryor, 24 Okla. 140, 103 Pac. 685; 17. First National Bank of Holdenville v. Jacobs, 26 Okla. 840, 111 Pac. 303; 314. Fleming v. McCurtain, 215 U. S. 56, 54 L. Ed. 8; 53, 54, 66, 87, 165, 232. Foreman v. M, V. By. Co., 7 I. T. 478, 104 S. W. 806; 13. Fraer v. Washington, 125 Fed. 280; 60, 61. Frame v. Bivens, 189 Fed. 785; 153, 157, 158, 161, 188, 246, 307. Frank Oil Co. v. Belleview Oil & Gas Co., 29 Okla. 719, 119 Pac. 260; 13. Frazee, In re, 3 I. T. 590, 64 S. W. 545; 69. Fritz v. Brown, 20 Okla. 266, 95 Pac. 437; 223. G Gardner, County Judge, v. State, 27 Okla. 1, 110 Pac. 749; 268. Gann v. Ball, 26 Okla. 26, 110 Pac. 1067; 13. Garfield v. Allison, 211 U. S. 264; 161. Table of Cases Cited. xv Garfield v. Goldsby, 211 U. S. 249, 52 L. Ed. 168; 53, 161, 166, 168, 232, 289, 299. Garrett v. American Baptist Home Mission Society, 29 Okla. 272; 116 Pae. 921; 103, 117. Garrett v. Wolcott, 25 Okla. 574, 106 Pac. 848; 87, 105. George v. Piobb, 4 I. T. 61, 64 S. W. 615; 68, 69. Gill v. Haggerty, 32 Okla. 407, 122 Pac. 641; 262. Gleason v. Wood, 28 Okla. 502, 114 Pac. 703, 224 U. S. 679, 56 L. Ed. 047; 87. 261, 263. Glenn-Tucker v. Clayton, 4 I. T. 511, 70 S. W. 8; 19. Glenn v. City of Ardmore, 122 Pac. 658, 32 Okla. 415; 13. Glover v. United States, 6 I. T. 269, 91 S. W. 41; 15. Goat v. United States, 224 U. S. 458, 56 L. Ed. 841; 149, 234, 235, 247, 255, 258, 283, 305, 307, 314. Godfrey v. Iowa Land & Trust Co., 21 Okla. 293, 95 Pac. 792; 27, 149, 246, 283, 307. Good v. Keel, 29 Okla. 325, 116 Pac. 777; 250. Gooding v. Watkins, 5 I. T. 578, 82 S.'W. 913; 159, 161, 187. Goodrum v. Buffalo, 162 Fed. 817; 27. Gowen v. Harley, 56 Fed. 973; 2. Grady v. Newman, 1 I. T. 284, 37 S. W. 54; 23. Graham v. Stowe, 1 I. T. 405, 37 S. W. 837; 13. Grayson, In re, 3 I. T. 499, 61 S. W. 984; 13. Gritts v. Fisher, 224 U. S. 640, 56 L. Ed. 928; 193, 194, 197, 201, 202, 203, 204, 214, 215, 232, 233, 255, 258, 317. Groom v. Wright, 30 Okla. 652, 121 Pac. 215; 105, 106, 120, 124, 137, 139, 246, 247, 264, 307. Ground v. Dingman, 127 Pac. 1078, 33 Okla. 760; 66, 120. Gulf C. & S. F. Ey. Co. v. James, 48 Fed. 148. Gulf C. & S. F. Ry. Co. v. Washington, 49 Fed. 347 . H Hales v. Zander, 24 Okla. 246, 103 Pac. 669; 25. Hancock v. Mutual Trust Co., 24 Okla. 391, 103 Pac. 566; 155, 156, 157, 160, 165. Hanks v. Hendricks, 3 I. T. 423, 58 S. W. 669; 292. Hargrove v. Cherokee Nation, 3 I. T. 479, 58 S. W. 667; 46. Hargrove v. Cherokee Nation, 4 I. T. 129, 69 S. W. 823, 129 Fed. 186; 47, 48, 49, 50. Hampton v. Mayes, 4 I. T. 503, 69 S. W. 1115; 86. Harris v. Hardridge, 7 I. T. 532, 104 S. W. 826, 166 Fed. 109; 53, 106, 137, 307. Hartshorne, Town of, v. Town of Haileyville, 24 Okla. 775, 104 Pac. 49; 58, 60, 178. xvi Table of Cases Cited. Harper v. Kelly, 29 Okla. 809, 120 Pac. 293; 87, 137. Harris v. Lynde-Bowman-Darby Co., 29 Okla. 362, 11G Pac. 808; 307. Harris v. Gale, 188 Fed. 712; 249, 268. Harless v. United States, 88 Fed. 97; 3, 22. Hawkins v. Okla. Oil Co., 195 Fed. 345 ; 101, 102, 103, 104, 106, 116, 120, 307. Hawkins v. Stevens, 21 Okla. S49, 97 Pac. 567; 132, 230. Hayes v. Barringer, 7 T. T. 697, 104 S. W. 937, 168 Fed. 221 ; 69, 86, 155, 157, 160, 230, 292. Heckman v. United States, 224 U S. 413, 50 L. Ed. 820; 53, 137, 194, 195, 214, 246, 249, 258, 261, 283, 289, 293. Hegler v. Faulkner, 153 U. S. 107, 38 L. Ed. 653; 263. Heliker-Jarvis Seminole Co. v. Lincoln, 126 Pac. 723, 33 Okla. 425; 68, 69, 151. Hendrix v. United States, 219 U. S. 79, 55 L. Ed. 102. Henry Gas Co. v. United States, 191 Fed. 132; 194, 232, 261, 266, 317. Higgins v. Brown, 20 Okla. 355, 94 Pac. 703; 14, 15. Hooks v. Kennard, 28 Okla. 457, 114 Pac. 744; 66, 120, 133, 134. Hockett v. Alston, 3 I. T. 441, 58 S. W, 675; 60. Hoteyabi v. Vaughn, 32 Okla. 807, 124 Pac. 63; 160. Howard v. Farrar, 28 Okla. 490, 114 Pac. 695; 87, 157. Hubbard v. Chism, 5 I. T. 95, 82 S. W. 686; 61. Hugbes Land Co. v. Bailey, 30 Okla. 194, 120 Pac. 290; 132. Ikard v. Minter, 4 I. T. 214, 69 S. W. 852; 66, 295. Indian Land & Trust Co. v. Fears, 22 Okla. 681, 98 Pac. 904; 141. Indian Land & Trust Co. v. Shoenfelt, 5 I. T. 41, 79 S. W. 134; 122, 141. Insurance Co. v. Kearney, 1 I. T. 328, 37 S. W. 143; 19. International Land Co. v. Marshall, 22 Okla. 693, 98 Pac. 951; 103, 137, 139, 307. International Bank of Coalgate v. Mullen. 30 Okla. 547, 120 Pac. 257; 13. Irving v. Diamond, 23 Okla. 325, 100 Pac. 557; 120, 132. Jefferson v. Winkler, 26 Okla. 653, 110 Pac. 755; 103, 106, 137, 248, 261, 266, 307. Jennings v. Wood, 192 Fed. 507; 217, 247. Johnson, Ex parte, 167 U. S. 119, 42 L. Ed. 103; 3, 15. Joiner v. Ardmore Loan & Trust Co., 124 Pac. 1073, 33 Okla. 266; 246. Jones v. Baer, 149 U. S. 37 L. Ed. 947; 5. Table of Cases Cited. xvii K Keel v. Ingersol, 27 Okla. 117, 111 Pac. 214; 13, 155, 157. Kelly v. McCombs, 23 Okla. 867, 102 Pac. 186; 314. Kelly v. Harper, 7 I. T. 541, 104 S. W. 829; 86, 157. Kelman v. Kennedy, 31 Okla. 61, 119 Pac. 1000; 111, 112, 113. Keys v. First National Bank, 22 Okla. 174, 104 Pac. 346; 302. Kimberlin v. Commission, 3 I. T. 24, 53 S. W. 467, 104 Fed. 653; 13, 66, 283, 285, 289, 292. Kirkpatrick v. Burgess, 29 Okla. 121, 116 Pac. 764; 261, 266. L Lamb v. Baker, 27 Okla. 739, 117 Pac. 189; 106, 120, 129, 132, 133. Landrum v. Graham, 22 Okla. 458, 98 Pac. 432; 195, 307. Laurel Oil & Gas Co. v. Morrison, 212 U. S. 291, 53 L. _Ed. 517; 3, 22. 314. Lawles v. Raddis, 129 Pac. 711; 263, 317. Leak v. Joslin, 20 Okla. 200, 94 Pac. 518; 2, 111. Leak Glove Manufacturing Co. v. Needles, 69 Fed. 68; 13. Lewis v. Clements, 21 Okla. 167, 95 Pac. 769; 86, 157, 307. Lewis v. Sittle, 7 I. T. 602, 104 S. W. 850, 165 Fed. 157; 22, 314. Lewis v. Sittle, 30 Okla. 530, 121 Pac. 1078; 47, 48, 49, 50, 51, 58, 60, 314. Ligon v. Johnson, 164 Fed. 670; 232, 283. Lipscomb v. Allen, 23 Okla. 818, 102 Pac. 86; 87. Lone Wolf v. Hitchcock, 187 U. S. 556, 47 L. Ed. 299; 1, 299. Lowe v. Fisher, 223 U. S. 95, 56 L. Ed. 364; 66, 202, 203, 232, 233, 283, 289, 298, 299, 314. Licas v. United States, 163 U. S. 613, 41 L. Ed. 282; 8. Luce v. Garrett, 4 I. T. 54, 64 S. W. 613; 13. Lynch v. Harris, 124 Pac. 50, 33 Okla. 23, 36; 160, 161, 193, 198, 213, 214, 216. M Martin v. United States, 7 I. T. 451, 104 S. W. 678; 168 Fed. 198; 63, 314. MaHarry v. Eatman, 29 Okla. 46, 116 Pac. 935; 13, 249, 261, 266, 268. Maxey v. Wright, 3 I. T. 252, 54 S. W. 807 ; 13, 292. May field, In re, 141 U. S. 107, 35 L. Ed. 635; 3, 8, 13. Mays v. Frieberg, 3 I. T. 774, 49 S. W. 52; 13. Mills v. Glasscock, 26 Okla. 123, 110 Pac. 377; 134, 206, 250, 341. Mitchell v. Tulsa Water, Light, Heat & Power Co., 21 Okla. 243, 95 Pac. 961; 46. M. K. & T. Ry. Co. v. Phelps, 4 I. T. 706, 76 S. W. 285; 13. Moore v. Adams, 26 Okla. 48, 108 Pac. 392; 13. xviii Table of Cases Cited. Moore v. O'Dell, 27 Okla. 104, 111 ' Pac. 308; 305. Moore v. Sawyer, 167 Fed. 826; 124, 137, 307. Morley v. Fuel, 32 Okla. 452, 122 Pac. 700; 53, 120. Morris v. Hitchcock, 194 U. S. 384, 48 L. Ed. 1030; 87, 302. Morrison v. Burnette, 154 Fed. G17; 13, 139, 230, 247, 255, 314. Mosier v. United States, 198 Fed. 54; 24. Mullen v. United States, 224 U. S. 448, 56 L. Ed. 834; 87, 120, 156, 157, 158, 160, 247, 274, 283, 289, 293. Muskogee Development Co. v. Green, 22 Okla. 237, 97 Pac. 619; 139. Muskogee Land Co. v. Blackburn, 20 Okla. 803, 95 Pac. 252; 314. Muskogee Land Co. v. Mullins, 7 I. T. 189, 104 S. W. 586, 165 Fed. 179; 124, 139. Muskogee National Telephone Co. v. Hall, 4 I. T. 18, 64 S. W. 600, 118 Fed. 382; 299. Muskrat v. United States, 219 U. S. 346, 55 L. Ed. 246; 202, 246, .319. Myers v. Mathis, 2 I. T. 3, 46 S. W. 178; 13, 292. McAlester v. Edgerton, 3 I. T. 711, 64 S. W. 583; 68. MeBride v. Farrington, 131 Fed. 797; 5, 56, 61. McClellan v. Pyeatt, 50 Fed. 686, 66 Fed. 843; 13. McFadden v. Blocker, 3 1. T. 227, 54 S. W. 873; 25. McLaughlin v. Ardmore Loan & Trust Co., 21 Okla. 173, 95 Pac. 779; 159. McWilliams Investment Co. v. Livingston, 22 Okla. 884, 98 Pac. 914; 53, 116, 137, 246, 307. N National Bank of Boyertown v. Schufelt, 82 S. W. 927, 145 Fed. 509; 5. National Live Stock Commission Co. v. Taliaferro, 20 Okla. 179, 93 Pac. 983; 25. Neilson v. Alberty, 129 Pac. 847, 337. Nelson v. Wood, 122 Pae. 1103; 263. Nivens v. Nivens, 4 I. T. 30, 64 S. W. 604; 68. Noble v. Worthy, 1 I. T. 523, 45 S. W. 137; 13. Nofire v. United States, 164 U. S. 657, 41 L. Ed. 588; 8. Noyes v. Neel, 100 Fed. 555; 13. O Oklahoma Land Co. v. Thomas, 127 Pac. 8; 16. Owens v. Eaton, 5 I. T. 275, 82 S. W. 746; 56. Pace v. Merrill Drug Co., 2 I. T. 218, 48 S. W. 1061 ; 5. Parris v. United States, 1 I. T. 43, 35 S. W. 243; 21. Parmenter v. United States, 6 I. T. 530, 98 S. W. 340; 21. Table of Cases Cited. xix Parkinson v. Skelton, 12S Pac. 131, 33 Okla. 813; 105, 100, 120, 137, 249, 307. Parks v. City of Ada, 24 Okla. 168, 103 Pac. 607; 314. Paulter v. Manuel, 25 Okla. 59, 108 Pac. 749; 314. Payne v. Kansas & A. Val. R. Co., 46 Fed. 546; 13. Poffs' Guardianship, in re, 7 I. T. 59, 103 S. W. 765; 58, 69, 86, 230, 292. Porter v. Brook, 21 Okla. 885, 97 Pac. 645; 22, 314. Price v. Cherokee Nation, 5 I. T. 518, 82 S. W. 893; 49, 51. Proctor v. Harrison, 125 Pac. 479; 249, 267. Pyeatt v. Powell, 51 Fed. 551; 2, 13. Q Quigley v. Stephens, 3 I. T. 273, 54 S. W. 814; 13, 46. R Raymond v. Raymond. 1 I. T. 334, 37 S. W. 202; 19. Rain Water-Boogher Hat Co. v. Malcolm, 51 Fed. 734; 13. Redbird v. United States, 203 U. S. 80, 51 L. Ed. 96; 198, 202, 203, 204, 293, 295. Redmond v. Town of Sulphur, 32 Okla. 201, 120 Pac. 262; 181. Redwine v. Ansley, 32 Okla. 317, 122 Pac. 679; 87, 155, 157, 187. Reed v. Welty, 197 Fed. 419; 103, 106, 120, 137, 141, 156, 157, 158, 160. Rentie v. McCoy, 128 Pac. 244; 120. 132, 133, 137, 155, 160, 195, 307. Reynolds v. Fewel, 124 Pac. 623; 106, 120. Riverside Oil & Gas Co. v. Tulsa Water, Light, Heat & Power Co., 24 Okla. 323, 103 Pac. 608; 314. Robinson v. Owen, 30 Okla. 484, 119 Pac. 995; 66, 202, 203, 289. Roff v. Burney, 168 U. S. 220, 42 L. Ed. 442; 18. Rogers v. Noel, 124 Pac. 976; 87, 157, 158, 307. Ross v. Stewart, 25 Okla. 611, 106 Pac. 870; 111, 206. Ross v. Wright, 29 Okla. 186, 116 Pac. 949; 194. S Salmon v. Mills, 49 Fed. 333; 13. Sanders v. Sanders, 28 Okla. 59. 118 Pac. 338; 53, 105, 106, 249. Saver v. Brown, 7 I. T. 675, 104 S. W. 877; 86, 157, 307. Schwab Clothing Co. v. Cromer, 1 I. T. 661, 43 S. W. 951; 13. Scott v. Jacobs, 31 Okla. 109, 126 Pac. 780; 120. Scroggins v. Oliver, 7 1. T. 740, 104 S. W. 1161; 13, 67, 155. Shapleigh Hardware Co. v. Brittain, 2 I. T. 242, 48 S. W. 1067; 13. Sharrock v. Kreiger, 6 I. T. 466, 98 S. W. 161 ; 48, 67. Sharp v. Lancaster, 23 Okla. 349, 100 Pac. 578; 111, 137, 307. xx Table of Cases Cited. Shellenbarger v. Fewell, 124 Pac. 617; 53, 105, 106, 120, 132. Shulthis v. McDougal, 162 Fed. 331, 170 Fed. 529, 225 U. S. 561, 56 L, Ed 1205; 120, 132, 133, 139, 234, 249, 283, 302. Smmons v. Mullen, 122 Pac. 518, 33 Okla. 184; 157, 261. Simmons v. Whittington, 27 Okla. 356, 112 Pac. 1018; 87, 137, 157, 246, 307. Simon v. United States, 4 I. T. 688, 76 S. W. 280; 14. Skelton v. Dill, 30 Okla. 278, 119 Pac. 267; 106, 132, 133, 137, 249, 307. Sorrels v. Jones, 26 Okla. 569, 110 Pac. 743; 87, 155, 160, 161, 163, 165, 173, 184, 188, 298. South McAlester Eufaula Telephone Co. v. State, 25 Okla. 524, 106 Pac. 962; 299. Spade v. Morton, 28 Okla. 384, 114 Pac. 724; 317. Springston v. Wheeler, 3 I. T. 393, 58 S. W. 658; 13. Standley v. Roberts, 59 Fed. 836; 5, 8. Stanclift v. Fox, 152 Fed. 697; 111, 298. State v. 89 Casks of Beer, 128 Pac. 267; 21. Steele v. Kelley, 32 Okla. 547, 122 Pac. 934; 13. Stephens v. Cherokee Nation, 174 U. S. 483, 43 L. Ed. 1041; 1, 8, 22, 47, 48, 53, 66, 68, 69, 87, 100, 285, 289, 293, 294. Stevens v. Elliott, 118 Pac. 407, 30 Okla. 41; 137. Stout v. Simpson, 124 Pac. 754; 149, 151, 155, 160. 246, 247, 268, 305. St. L. & S. F. R. Co. v. Pfennighausen, 7 I. T. 685, 104 S. W. 880; 43. St. L. & S. F. R. Co. v. O'Loughlin, 49 Fed. 440; 2. Summers v. Barks, 127 Pac. 402; 62. Superior Oil & Gas Co. v. Mehlin, 25 Okla. 809, 108 Pac. 545; 217, 273, 307. Swinney v. Kelley, 5 I. T. 12, 76 S. W. 303; 48. Tahlequah, Incorporated Town of, v. Guinn, 5 I. T. 497, 82 S. W. 886; 46. Tally v. Kirk, 6 I. T. 331, 97 S. W. 1027; 19. Tate v. Gaines, 25 Okla. 141, 105 Pac. 193; 106. Talton v. Mayes, 163 U. S. 377, 41 L. Ed. 196; 8, 13. Taylor v. Brown, 147 U. S. 639, 37 L. Ed. 313; 137. Taylor v. Parker, 126 Pac. 573, 33 Okla. 199; 53, 155, 157, 158, 230. Taylor v. Anderson, 197 Fed. 383; 157, 158, 187, 189. Terrel's Estate, In re, 6 I. T. 412, 98 S. W. 143; 314. Texas Co. v. Henry, 126 Pac. 224; 103, 227, 261. The 30,000 Land Suits, 199 Fed. 811; 87, 106, 137, 149, 156, 157, 158, 160, 187, 195, 234, 255, 283, 305, 307. Thomason v. McLaughlin, 7 I. T. 1, 103 S. W. 595; 61, 62. Table of Cases Cited. xxi Thompson v. Morgan, 4 I. T. 412, G9 S. W. 020; 47, 48, 49, 50, 51, 86. Tiger v. Western Investment Co., 221 U. S. 28G; 106, 137, 149, 195, 246, 247, 255, 267, 268. Truskett v. Closser, 198 Fed. 835; 195, 261, 262, 263, 266. Tuttle v. Moore, 3 I. T. 712, 64 S. W. 585; 47, 60. Turner v. Seep, 167 Fed. 646, 179 Fed. 74; 139, 217. Tynon v. dwell, 3 I. T. 346, 58 S. W. 565; 69. U United States v. Aaron, 183 Fed. 347; 342. United States v. Allen, 171 Fed. 907, 179 Fed. 13; 27, 137, 155, 156, 157, 158, 195, 261, 266, 283, 314, 319, 320. United States v. Abrams, 194 Fed. 82; 139. United States v. Buckles, 6 I. T. 319, 97 S. W. 1022; 21, 24. United States v. Board of Co. Corns, of Osage Co., 193 Fed. 485; 342. United States v. Choctaw Nation, 179 U. S. 496, 45 L. Ed. 291; 285. United States v. Cohn, 2 I. T. 474, 52 S. W. 38. United States v. Cherokee Nation, 202 U. S. 102, 50 L. Ed. 949; 184, 187. United States v. Comet Oil & Gas Co., 187 Fed. 674; 246, 247. United States v. Dowden, 194 Fed. 475; 153, 156, 157, 158, 160, 161, 166, 298, 307. United States v. Choctaw Nation, 193 U. S. 120, 48 L. Ed. 643; 173, 175. United States v. Ft. Smith & W. R. R. Co., 195 Fed. 211 ; 103, 104, 106, 117. United States v. Jacobs, 195 Fed. 707; 120, 137. United States v. La Roque, 198 Fed. 645; 120. United States v. Lewis, 5 I. T. 8, 76 S. W. 299; 53, 61, 67, 298. United States v. M'Murray, 181 Fed. 723; 56. United States v. Noble, 197 Fed. 292; 139. United States v. Rea-Reed Mill & Elevator Co., 171 Fed. 501; 58, 61, 111, 113, 121, 122, 245, 247. United States v. Schock, 187 Fed. 862, 870; 104, 137, 141, 230, 246, 249, 261, 263, 26*7, 268, 283, 307. United States v. U. S. Express Co., 180 Fed. 1007; 24. United States v. Whitmire, 188 Fed. 422; 216. United States v. Wright, 197 Fed. 297; 139. United States Express Co. v. Friedman, 191 Fed. 673; 126, 149, 255. United States Fid. & Guar. Co. v. Shirk, 7 I. T. 83, 103 S. W. 773; 314. Utterback v. Rock Island Plow Co., 22 Okla, 263, 97 Pac. 649; 314. xx ii Table of Cases Cited. w Wallace v. Adams, I. T. 32, 88 S. W. 308, 143 Fed. 716, 204 U. S. 420, 51 L. Ed. 547; 47, 48, 108. 100. 171, 283, 289, 292. Walker v. Robereon, 21 Okla. 894, 97 Pac. 609; 61, 62. Warren v. Canard, 30 Okla. 514, 120 Pac. 599; 263. Washington's Estate, In re, 128 Pae. 1079; 137, 195. Washington v. Miller, 129 Pac. 5S; 132, 230. Watkins v. United States, 1 I. T. 364, 41 S. W. 1044; 15. \Y;itkins v. United States, 3 I. T. 281. 54 S. W. 819; 20. Webb, In re. 225 U. S. 663, 56 L. Ed. 1248; 21, 24, 126, 149, 186, 218. Weeks v. United States, 2 I. T. 162, 48 S. W. 1036; 13. Welch v. Ladd, 29 Okla. 93, 116 Pac. 573; 14. Weihrp v. Audrain, 128 Pac. 254; 195, 263. Western Investment Co. v. Kistler, 22 Okla. 222, 97 Pac. 588; 27, 137. Western Investment Co. v. Tiger, 21 Okla. 630, 96 Pac. 602, 221 U. S. 286, 55 L. Ed. 738; 27, 103, 116, 137, 246, 247, 248, 283, 285. White v. White, 2 I. T. 35, 47 S. W. 355; 13. Whitemire v. Trapp, 126 Pac. 578, 33 Okla. 429; 195, 263. Whiteman v. Lehmer. 22 Okla. 627, 98 Pac. 351; 139. Williams v. First Nat'] Bank, 20 Okla. 276, 95 Pac. 457, 216 U. S. 582, 54 L. Ed. 625; 53, 62, 87, 131, 2S3, 285. Williams v. Johnson. 32 Okla. 247, 122 Pac. 485; 87, 157, 187, 189, 307. Williams v. Joins, 126 Pac. 1013; 263. Williams v. Williams, 22 Okla. 672, 98 Pac. 909; 139. Williams v. United States, 4 I. T. 204, 69 S. W. 849; 15. Willis v. United States, 6 I. T. 424, 98 S. W. 147; 19. Wilson v. Morton, 29 Okla. 745, 119 Pac. 213; 249. Wilson v. Owens, 1 I. T. 163, 3S S. W. 976, 86 Fed. 572; 5, 13. W. O. Whitney Lumber & Grain Co. v. Crabtree, 166 Fed. 738; 61. Y Yarbrough v. Spaulding, 31 Okla. 806, 123 Pac. 843; 261, 262, 263. Z Zevely v. Weimer, 5 I. T. 6S7, 82 S. W. 941; 27, 58, 60, 86, 283, 289, 292, 302. ANNOTATED ACTS OF CONGRESS FIVE CIVILIZED TRIBES AND THE OSAGE NATION ANNOTATED ACTS OF CONGRESS FIVE CIVILIZED TRIBES AND THE OSAGE NATION SEC. 2079, U. S. REVISED STATUTES. Approved March 3, 1871. (18 Stat. L. 5C6.) No Future Treaties with Indians. No Indian Nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, but no obligation of any treaty lawfully made and rati- fied with any such Indian Nation or tribe prior to March third, eighteen hundred and seventy-one shall be hereby invalidated or impaired. Dukes v. McKenna, 4 I. T. 156, 69 S. W. 832. Stephens v. Cherokee Nation, 174 U. S. 483, 43 L. Ed. 1041. Cherokee Nation v. Hitchcock, 187 U. S. 299, 47 L. Ed. 183. Lone Wolf v. Hitchcock, 187 U. S. 556, 47 L. Ed. 299. EXTRACTS FROM AN ACT TO ESTABLISH A UNITED STATES COURT IN THE INDIAN TERRITORY, AND FOR OTHER PURPOSES. (25 Stat. L. 783.) Approved March 1, 1889. Indian Territory United States Court Established. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That a United States court is hereby established, whose jurisdiction shall ex- tend over the Indian Territory, bounded as follows, to-wit : (i) 2 Act March i, 1889. North by the State of Kansas, east by the States of Missouri and Arkansas, south by the State of Texas, and west by the State of Texas and the Territory of New Mexico. And a judge shall be appointed for said court by the Presi- dent of the United States, by and with the advice and consent of the Senate, who shall hold his office for a term of four years, and until his successor is appointed and qualified, and receive a salary of three thousand five hundred dollars per annum, to be paid from the Treasury of the United States in like manner as the salaries of judges of the United States district courts. St. Louis & S. F. Ry. Co. v. O'Loughlin, 49 Fed. 440. Pyeatt v. Powell, 51 Fed. 551. Gowen v. Harley, 56 Fed. 973. Leak Glove Manuf'g Co. v. Needles, 69 Fed. G8. Attorney and Marshal — Deputies. Section 2. That there shall be appointed by the President, by and with the advice and consent of the Senate, an attorney and marshal for said court, who shall continue in office for four years, and until their successors be duly appointed and quali- fied, and they shall discharge the like duties and receive the same fees and salary as now received by the United States at- torney and marshal for the western district of Arkansas. The said marshal may appoint one or more deputies, who shall have the same powers, perform the like duties, and be removable in like manner as other deputy United States mar- shals ; and said marshal shall give bond, with two or more sureties, to be approved by the judge of said court in the sum of ten thousand dollars, conditioned as by law required in re- gard to the bonds of other United States marshals. Clerk. Sec. 3. That a clerk of said court shall be appointed by the judge thereof, who shall reside and keep his office at the place of holding said court. Said clerk shall perform the same du- ties, be subject to the same liabilities, and shall receive the same fees and compensation as the Clerk of the United States Act March i, 1889. 3 court of the western district df Arkansas; and before entering upon his duties he shall give bond in the sum of ten thousand dollars, with two or more sureties, to be approved by the judge of said court, conditioned that he will discharge his duties as required by law. Official Oath of Judge, Clerk and Marshal. Sec. 4. That the judge appointed under the provision of this act shall take the same oath, required by law to be taken by the judges of the district courts, of the United States; and the oath, when taken as in such cases provided, shall be duly certified by the officer before whom the same shall have been taken to the clerk of the court herein established, to be by him recorded in the records of said court. The clerk, marshal, and deputy marshals shall take before the judge of said court the oath required by law of the clerk, marshal, and deputy marshals of the United States district courts, the same to be entered of record in said court as pro- vided by law in like cases. Jurisdiction of Offenses. Sec. 5. That the court hereby established shall have exclu- sive original jurisdiction over all offenses against the laws of the United States committed within the Indian Territory as in this act defined, not punishable by death or by imprisonment at hard labor. In re Bonner, 57 Fed. 184. Harless v. U. S., 88 Fed. 97. Ex parte Mayfield, 141 U. S. 107, 35 L. Ed. 635. Ex parte Johnson, 167 U. S. 119, 42 L. Ed. 103. Laurel Oil Co. v. Morrison, 212 U. S. 291, 53 L. Ed. 517. Jurisdiction — Civil — None in Suits Between Indians. Sec. 6. That the court hereby established shall have juris- diction in all civil cases between citizens of the United States who are residents of the Indian Territory, or between citizens 4 Act March i, 1889. of the United States, or of any State or Territory therein, and any citizen of or person or persons residing or found in the Indian Territory, and when the value of the thing in con- troversy, or damages or money claimed shall amount to one hundred dollars or more : Provided, That nothing herein contained shall be so con- strued as to give the court jurisdiction over controversies be- tween persons of Indian blood only: And provided further. That all laws having the effect to prevent the Cherokee, Choctaw, Creek, Chickasaw and Semi- nole Nations, or either of them, from lawfully entering into leases or contracts for mining coal for a period not exceed- ing ten years, are hereby repealed ; And said courts shall have jurisdiction over all controver- sies arising out of said mining leases or contracts and of a 1 l questions of mining rights or invasions thereof where the amount involved exceeds the sum of one hundred dollars. That the provisions of chapter eighteen, title thirteen, of the Revised Statutes of the United States shall govern such court, so far as applicable : Provided, That the practice, pleadings, and forms of proceeding in civil cases shall conform, as near as may be, to the practice, pleadings, and forms of proceeding existing at the time in like causes in the courts of record of the State of Arkansas, any rule of court to the contrary not- withstanding ; and the plaintiff shall be entitled to like reme- dies, by attachment or other process against the property of the defendant, and for like causes, as now provided by the laws of said State. The final judgment or decree of the court hereby estab- lished, in cases where the value of the matter in dispute, ex- clusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds one thousand dollars may be reviewed and reversed or affirmed in the Supreme Court of the United States upon writ of error or appeal, in the same manner and under the same regulations as the final judgments and decrees of a circuit court. Act March i, 1889. 5 Wilson v. Owens, 1 I. T. 1G3, 38 S. W. 97G. Bohart v. Hull, 2 I. T. 145, 47 S. W. 306. Pace v. Merrill Drug Co., 2 I. T. 218, 48 S. W. 10G1. Crovvell v. Young, 4 I. T. 148, G4 S. W. G07, 829. In re Davis Estate, 32 Okla. 209, 122 Pac. 547. Crabtree v. Madden, 54 Fed. 426. Standley v. Roberts, 59 Fed. 836. McBride v. Farrington, 131 Fed. 805. Jones v. Baer, 149 U. S. , 37 L. Ed. 947. Terms, of Court. Sec. y. That two terms of said court shall be held each year at Muskogee, in said Territory, on the first Monday in April and September, and such special sessions as may be nec- essary for the dispatch of the business in said court at such times as the judge may deem expedient; and he may adjourn such special sessions to any other time previous to a regular term; and the marshal shall procure suitable rooms for the use and occupation of the court hereby created. Stephens v. Cherokee Nation, 174 U. S. 444 ; 43 L. Ed. 1041. Court Proceedings — Juries. Sec. 8. That all proceedings in said court shall be had in the English language ; and bona-fide male residents of the In- dian Territory, over twenty-one years of age, and understand- ing the English language sufficiently to comprehend the pro- ceedings of the court, shall be competent to serve as jurors in said court but shall be subject to exemptions and challenges as provided by law in regard to jurors in the district court for the western district of Arkansas. Carter v. U. S., 1 I. T. 342, 37 S. W. 204. Nat'l Bank of Boyertown v. Shufelt, 82 S. W. 927, 145 Fed. 509. (Sections 9 to 28, provide for selection of juries, and define certain criminal offenses.) Act May 2, 1890. EXTRACTS FROM AN ACT TO PROVIDE A TERRITORIAL GOVERNMENT FOR THE TERRITORY OF OKLAHOMA, TO ENLARGE THE JURISDICTION OF THE UNITED STATES COURT IN THE INDIAN TERRITORY, AND FOR OTHER PURPOSES. (26 Stat. L. 81.) Approved May 2, 1890. Indian Territory Denned — Jurisdiction of Courts — Tribal Con- tracts. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED : Section 29. That all that part of the United States which is bounded on the north by the State of Kansas, on the east by the States of Arkansas and Missouri, on the south by the State of Texas, and on the west and north by the Territory of Oklahoma as defined in the first section of this act, shall, for the purposes of this act, be known as the Indian Ter- ritory ; And the jurisdiction of the United States court established under and by virtue of an act entitled "An Act to establish a United States court in the Indian Territory, and for other pur- poses," approved' March first, eighteen hundred and eighty- nine, is hereby limited to and shall extend only over the Indian Territory as defined in this section ; that the court established by said act shall, in addition to the jurisdiction conferred there- on by said act, have and exercise within the limits of the In- dian Territory jurisdiction in all civil cases in the Indian Ter- ritory, except cases over which the tribal courts have exclu- sive jurisdiction; And in all cases on contracts entered into by citizens of any tribe or nations with citizens of the United States in good faith and for valuable consideration, and in accordance with the laws of such tribe or nation, and such contracts shall be Act May 2, 1890. 7 deemed valid and enforced by such courts; and in all cases over which jurisdiction is conferred by this act or may here- after be conferred by act of Congress ; and the provisions of this act hereinafter set forth shall apply to said Indian Terri- tory only. Terms of Court — Three Divisions — Jurors — Prosecutions — Civil Suits — Jurisdiction of Indian Courts. Sec. 30. That for the purpose of holding terms of said court, said Indian Territory is hereby divided into three divi- sions, to be known as the first, second, and third division. The first division shall consist of the country occupied by the Indian tribes in the Ouapaw Indian Agency and all that part of the Cherokee country east of the ninety-sixth meridian and all of the Creek country ; and the place for holding said court therein shall be Muskogee. The second division shall consist of the Choctaw country, and the place for holding said court therein shall be at South McAllister. The third division shall consist of the Chickasaw and Sem- inole countries, and the place for holding said court therein shall be at Ardmore. That the Attorney-General of the United States may, if in his judgment it shall be necessary, appoint an assistant attor- ney for said court. And the clerk of said court shall appoint a deputy clerk in each of said divisions in which said clerk does not himself re- side at the place in such division where the terms of said court are to be held. Such deputy clerk shall keep his office and reside at the place appointed for holding said court in the division of such residence, and shall keep the records of said court for such division, and in the absence of the clerk may ex- ercise all the official powers of the clerk within the division for which he is appointed : Provided, That the appointment of such deputies shall be approved by said United States court in the Indian Territory, 8 Act May 2, 1890. and may be annulled by said court at its pleasure, and the clerk shall be responsible for the official acts and negligence of his respective deputies. The Judge of said court shall hold at least two terms of said court each year in each of the divisions aforesaid, at such regular times as said judge shall fix and determine, and shall be paid his actual traveling expenses and subsistence while attending and holding court at places other than Muskogee. And jurors for each term of said court, in each division, shall be selected and summoned in the manner provided in said act, three jury commissioners to be selected by said court for each division, who shall possess all the qualifications and perform in said division all the duties required of the jury commissioners provided for in said act. All prosecutions for crimes or offenses hereafter committed in said Indian Territory shall be cognizable within the divi- sion in which such crime or offense shall have been committed. And all civil suits shall be brought in the division in which the defendant or defendants reside or may be found ; but if there be two or more defendants residing in different divisions, the action may be brought in any division in which either of the defendants resides or may be found. And all cases shall be tried in the division in which the process is returnable as herein provided, unless said judge shall direct such case to be removed to one of the other divisions : Provided, however, That the judicial tribunals of the In- dian nations shall retain exclusive jurisdiction in all civil and criminal cases arising in the country in which members of the nation by nativity or by adoption shall be the only parties ; and as to all such cases the laws of the State of Arkansas extended over and put in force in said Indian Territory by this act shall not apply. Standley v. Roberts, 59 Fed. 836. Ex parte Mayfield, 141 U. S. 107, 35 L. Ed. 635. Alberty v. United States, 162 U. S. 500, 40 L. Ed. 1051. Talton v. Mayes, 163 U. S. 377, 41 L. Ed. 196. Act May 2, 1890. 9 Lucas v. United States, 163 U. S. G13, 41 L. Ed. 282. Nofire v. United States, 164 U. S. 657, 41 L. Ed. 588. Stephens v. Cherokee Nation, 174 U. S. 483, 43 L. Ed. 1041. Arkansas Laws. Applicable — Attachments — Judgments — Suits Between Indians — Violations of Indian Laws. Sec. 31. That certain general laws of the State of Arkansas in force at the close of the session of the general assembly of that State of eighteen hundred and eighty-three, as published in eighteen hundred and eighty-four in the volume known as Mansfield's Digest of the Statutes of Arkansas, which are not locally inapplicable or in conflict with this act or with any law of Congress, relating to the subjects specially mentioned in this section, are hereby extended over and put in force in the Indian Territory, until Congress shall otherwise provide, that is to say, the provisions of the said general statutes of Arkansas relating to administration. Chapter one, and the United States court in the Indian Ter- ritory herein referred to shall have and exercise the powers of courts of probate under said laws ; to public administrators. Chapter two, and the United States marshal of the Indian Territory shall perform the duties imposed by said chapter on the sheriffs in said State ; To arrest and bail, civil, chapter seven ; To assignment for benefit of creditors, chapter eight ; To attachments, chapter nine ; To attorneys at law, chapter eleven ; To bills of exchange and promissory notes, chapter four- teen; To civil rights, chapter eighteen ; To common and statute law of England, chapter twenty ; To contempts, chapter twenty-six ; To municipal corporations, chapter twenty-nine, division one ; To costs, chapter thirty ; To descents and distributions, chapter forty-nine ; To divorce, chapter fifty-two, and said court in the Indian 10 Act May 2, 1890. Territory shall exercise the powers of the circuit courts of Arkansas under this chapter; To dower, chapter fifty-two; To evidence, chapter fifty-nine ; To execution, chapter sixty; To fees, chapter sixty-three ; To forcible entry and detainer, chapter sixty-seven ; To frauds, statute of, chapter sixty-eight ; To fugitives from justice, chapter sixty-nine; To gaming contracts, chapter seventy ; To guardians, curators, and wards, chapter seventy-three, and said court in the Indian Territory shall appoint guardians and curators ; To habeas corpus, chapter seventy-four ; To injunction, chapter eighty-one ; To insane persons and drunkards, chapter eighty-two, and said court in the Indian Territory shall exercise the powers of the probate courts of Arkansas under this chapter ; To joint and several obligations and contracts, chapter eighty-seven ; To judgments and decrees, chapter eighty-eight; To judgments summary, chapter eighty-nine; To jury, chapter ninety ; To landlord and tenant, chapter ninety-two ; To legal notices and advertisements, chapter ninety-four; To liens, chapter ninety-six ; To limitations, chapter ninety-seven ; To mandamus and prohibition, chapter one hundred ; To marriage contracts, chapter one hundred and two ; To marriages, chapter one hundred and three ; To married women, chapter one hundred and four ; To money and interest, chapter one hundred and nine ; To mortgages, chapter one hundred and ten ; To notaries public, chapter one hundred and eleven, and said court in the Indian Territory shall appoint notaries public under this chapter ; Act May 2, 1890. 11 To partition and sale of lands, chapter one hundred and fifteen ; To pleadings and practice, chapter one hundred and nine- teen; To recorders, chapter one hundred and twenty-six ; To replevin, chapter one hundred and twenty-eight ; To venue, change of, chapter one hundred and fifty-three ; And to wills and testaments, chapter one hundred and fifty- five; And wherever in said laws of Arkansas the courts of rec- ord of said State are mentioned the said court in the Indian Territory shall be substituted therefor ; And whenever the clerks of said courts are mentioned in said laws the clerk of said court in the Indian Territory and his deputies, respectively, shall be substituted therefor ; And whenever the sheriff of the county is mentioned in said laws the United States marshal of the Indian Territory shall be substituted therefor, for the purpose, in each of the cases mentioned, of making said laws of Arkansas applicable to the Indian Territory. That no attachment shall issue against improvements on real estate while the title to the land is vested in any Indian Nation, except where such improvements have been made by persons, companies, or corporations operating coal or other mines, railroads, or other industries under lease or permission of law of an Indian national council, or charter, or law of the United States. That executions upon judgments obtained in any other than Indian courts shall not be valid for the sale or conveyance 01 title to improvements, made upon lands owned by an Indian nation, except in the cases wherein attachments are provided for. • Upon a return of nulla bona, upon an execution upon any judgment against an adopted citizen of any Indian tribe, or against any person residing in the Indian country and not a citizen thereof, if the judgment debtor shall be the owner of 12 Act May 2, 1890. any improvements upon real estate within the Indian Terri- tory in excess of one hundred and sixty acres occupied as a homestead, such improvements may be subjected to the pay- ment of such judgment by a decree of the court in which such, judgment was rendered. Proceedings to subject such property to the payment of judgments may be by petition, of which the judgment debtor shall have notice as in the original suit. If on the hearing the court shall be satisfied from the evidence that the judgment debtor is the owner of improvements on real estate, subject to the payment of said judgment, the court may order the same sold, and the proceeds, or so much thereof as may be necessary to satisfy said judgment and costs, ap- plied to the payment of said judgment; or if the improvement is of sufficient rental value to discharge the judgment within a reasonable time the court may appoint a receiver, who shall take charge of such property and apply the rental receipts thereof to the payment of such judgment, under such regula- tions as the court may prescribe. If under such proceeding any improvement is sold only citizens of the tribe in which said property is situate may become the purchaser thereof. The Constitution of the United States and all general laws of the United States which prohibit crimes and misdemeanors in any place within the sole and exclusive jurisdiction of the United States, except in the District of Columbia, and all laws relating to national banking associations shall have the same force and effect in the Indian Territory as elsewhere in the United States. But nothing in this act shall be so construed as to deprive any of the courts of the civilized nations of exclusive juris- diction over all cases arising wherein members of said nations, whether by treaty, blood, or adoption, are the sole parties, nor so as to interfere with the right and power of said civilized nations to punish said members for violation of the statutes and laws enacted by their national councils where such laws are not contrary to the treaties and laws of the United States. Act May 2, 1890. 13 Wilson v. Owens, 1 I. T. 103, 38 S. W. 976, 8G Fed. 572. Carter v. U. S., 1 I. T. 342, 37 S. W. 204. Graham v. Stowe, 1 I. T. 405, 37 S. W. 837. Noble v. Worthy, 1 I. T. 523, 45 S. W. 137. Schwab Clothing Co. v. Cromer, 1 I. T. 661, 43 S. W. 951. Myers v. Mathis, 2 I. T. 3, 46 S. W. 178. White v. White, 2 I. T. 35, 47 S. W. 355. In re Delk's Estate, 2 I. T. 572, 52 S. W. 52. Kimberlin v. Commission, 3 I. T. 24, 53 S. W. 467. Maxey v. Wright, 3 I. T. 252. 54 S. W. 807. Springston v. Wheeler, 3 I. T. 393, 58 S. W. 557. In re Grayson et al., 3 I. T. 499, 61 S. W. 984. Arnold v. Campbell, 3 I. T. 552, 64 S. W. 532. Mays v. Fricberg, 3 I. T. 774, 49 S. W. 52. Crowell v. Young, 4 I. T. 36, 148, 64 S. W. 607, 69 S. W. 829. Luce v. Garrett, 4 I. T. 54, 64 S. W. 613. Engleman v. Cable, 4 I. T. 236, 69 S. W. 894. Foreman v. M. V. E. Co.. 7 I. T. 478, 104 S. W. 806. Scroggins v Oliver, 7 I. T. 740, 104 S. W. 1161. Burdett v. Burdett, 26 Okla. 416, 109 Pac. 922. England Bra*, v. Young, 26 Okla. 494, 110 Pac. 895. Bruner v. Sanders, 26 Okla. 673, 110 Pac. 730. Keel v. Ingersol, 27 Okla. 117, 111 Pac. 214. MaHarry v. Eatman, 29 Okla. 46, 116 Pac. 935. Frank Oil Co. v. Belleview Oil & Gas Co., 29 Okla. 719, 119 Pac. 260. In re Davis' Estate, 32 Okla. 209, 122 Pac. 547. Steele v. Kelley, 32 Okla. 547, 122 Pac. 934. Salmon v. Mills, 49 Fed. 333. Eddy v. LaFayette, 49 Fed. 798. McClellan v. Pyeatt, 50 Fed. 686, 66 Fed. 843. Pyeatt v. Powell, 51 Fed. 551. Burton v. Platter, 53 Fed. 901. Ardmore Coal Co. v. Bevil, 61 Fed. 757. Leak Glove Manuf'g Co. v. Needles, 69 Fed. 68. Noyes v. Neel, 100 Fed. 555. Evans-Snider Buell Co. v. McFadden, 105 Fed. 293. Morrison v. Burnette, 154 Fed. 617. Ex parte Mayfield, 141 U. S. 107, 35 L. Ed. 635. Talton v. Mayes, 163 U. S. 377, 41 L. Ed. 196. Sec. 32. That the word "county," as used in any of the laws" of Arkansas which are put in force in the Indian Terri- 14 Act May 2, 1890. tory by the provisions of this act, shall be construed to embrace the territory within the limits of a judicial division in said Indian Territory ; and whenever in said laws of Arkansas the word "county" is used, the words "judicial division" may be substituted therefor, in said Indian Territory, for the purpose of this act. And whenever in said laws of Arkansas the word "State," or the words "State of Arkansas" are used, the word "Terri- tory," or the words "Indian Territory," may be substituted therefor, for the purposes of this act, and for the purpose of making said laws of Arkansas applicable to the said Indian Territory. But all prosecutions therein shall run in the name of the "United States." Simon v. U. S., 4 I. T. 688, 76 S. W. 280. Higgins v. Brown, 20 Okla. 355. 94 Pac. 703. Welch v. Ladd, 29 Okla, 93, 116 Pac. 573. Arkansas Criminal Laws Applicable — Criminal Jurisdiction. Sec. 33. That the provisions of Chapter forty-five of the said general laws of Arkansas, entitled "Criminal law," except as to the crimes and misdemeanor mentioned in the provisos to this section, and the provisions of chapter forty-six of said general laws of Arkansas, entitled "Criminal Procedure," as far as they are applicable, are hereby extended over and put in force in the Indian Territory, and jurisdiction to enforce said provisions is hereby conferred upon the United States court therein : Provided, That in all cases where the laws of the United States and the said criminal laws of Arkansas have provided for the punishment of the same offenses the laws of the United States shall govern as to such offenses : And provided further, That the United States circuit and district courts, respectively, for the western district of Ar- kansas and the eastern district of Texas, respectively, shall continue to exercise exclusive jurisdiction as now provided by Act May 2, 1890. 15 law in the Indian Territory as defined in this act, in their re- spective districts as heretofore established, over all crimes and misdemeanors against the laws of the United States applicable to the said Territory, which are punishable by said laws of the United States by death or by imprisonment at hard labor, except as otherwise provided in the following sections of this act. Watkins v. U. S., 1 I. T. 364, 41 S. W. 1044. Williams v. U. S.. 4 I. T. 204, 69 S. W. 849. Glover v. U. S., 6 I. T. 262, 91 S. W. 41. Ex parte Curlee, 20 Okla. 192, 95 Pac. 414. Higgins v. Brown, 20 Okla. 355, 94 Pac. 703. Ex parte Johnson, 167 U. S. 119, 42 L. Ed. 103. (Sections 34 to t>7 relate to crimes and criminal procedure.) Marriages — Tribal Marriages Valid. Sec. 38. The clerk and deputy clerks of said United States court shall have the power within their respective divisions to issue marriage licenses or certificates and to solemnize mar- riages. They shall keep copies of all marriage licenses or cer- tificates issued by them, and a record book in which shall be recorded all licenses or certificates after the marriage has been solemnized, and all persons authorized by law to solemnize marriages shall return the license or certificate, after executing the same, to the clerk or deputy clerk who issued it, together with his return thereon. They shall also be ex-officio recorders within their respec- tive divisions, and as such they shall perform such duties as are required of recorders of deeds under the said laws of Ar- kansas, and receive the fees and compensation therefor which are provided in said laws of Arkansas for like service : Provided, That all marriages heretofore contracted under the laws or tribal customs of any Indian nation now located in the Indian Territory are hereby declared valid, and the issue of such marriages shall be deemed legitimate and entitled to all inheritances of property or other rights, the same as in the case of the issue of other forms of lawful marriage : 1 6 Act May 2, 1890. Provided further, That said chapter one hundred and three of said laws of Arkansas shall not be construed so as to inter- fere with the operation of the laws governing marriage enacted by any of the civilized tribes, nor to confer any authority upon any officer of said court to unite a citizen of the United States in marriage with a member of any of the civilized nations un- til the preliminaries to such marriage shall have first been ar- ranged according to the laws of the nation of which said In- dian person is a member : And provided further, That where such marriage is required by law of an Indian nation to be of record, the certificate of such marriage shall be sent for record to the proper officer, as provided in such law enacted by the Indian nation. Oklahoma Land Co. v. Thomas, 127 Pac. 8. United States Commissioners — Jurisdiction. Sec. 39. That the United States court in the Indian Terri- tory shall have all the powers of the United States circuit courts or circuit court judges to appoint commissioners within said Indian Territory, who shall be learned in the law, and shall be known as United States commissioners ; but not ex- ceeding three commissioners shall be appointed for any one division, and such commissioners when appointed shall have, within the district to be designated in the order appointing them, all the powers of commissioners of circuit courts of the United States. Thev shall be ex-officio notaries public, and shall have power to solemnize marriages. The provisions of chapter ninety-one of the said laws of Arkansas, regulating the jurisdiction and procedure before jus- tices of the peace, are hereby extended over the Indian Terri- tory ; And said commissioners shall exercise all the powers con- ferred bv the laws of Arkansas upon justices of the peace with- in their districts ; but they shall have no jurisdiction to try any cause where the value of the thing or the amount in con- troversy exceeds one hundred dollars. Act May 2, 1890. 17 Appeals may be taken from the final judgment of said com- missioners to the United States court in said Indian Territory in all cases and in the same manner that appeals may be taken from the final judgments of justices of the peace under the provisions of said chapter ninety-one. The said court may appoint a constable for each of the com- missioner's districts designated by the court, and the constable so appointed shall perform all the duties required of constables under the provisions of chapter twenty-four and other laws of the State of Arkansas. Each commissioner and constable shall execute to the United States, for the security of the public, a good and sufficient bond, in the sum of five thousand dollars, to be approved by the judge appointing him, conditioned that he will faithfully discharge the duties of his office and account for all moneys coming into his hands, and he shall take an oath to suppor: the Constitution of the United States and to faithfully per- form the duties required of him. The appointments of United States commissioners by said court held at Muskogee, in the Indian Territory, heretofore made, and all acts in pursuance of law and in good faith per- formed by them, are hereby ratified and validated. First Nat'l Bank of Vinita v. First Nat'] Bank of Pryor, 24 Okla. 140, 103 Pac. 685. Evarts v. Town of Bixby, 24 Okla. 176, 103 Pac. 621. Dennee v. Cromer, 114 Fed. 623. Crimes — Arrest — Procedure. Sec. 40. That persons charged with any offense or crime in the Indian Territory and for whose arrest a warrant has been issued, may be arrested by the United States marshal or any of his deputies, wherever found in said Territory, but in all cases the accused shall be taken, for preliminary examina- tion, before the commissioner in the judicial division whose office or place of business is nearest by the route usually trav- eled to the place where the offense or crime was committed ; VCT2 1 8 Act May 2, 1890. but this section shall apply only to crimes or offenses over which the courts located in the Indian Territory have jurisdic- tion: Provided, That in all cases where persons have been brought before a United States commissioner in the Indian Territory for preliminary examination, charged with the commission ot any crime therein, and where it appears from the evidence that a crime has been committed, and that there is probable cause to believe the accused guilty thereof, but that the crime is one over which the courts in the Indian Territory have no jurisdiction, the accused shall not, on that account, be dis- charged, but the case shall be proceeded with as provided in section ten hundred and fourteen of the Revised Statutes of the United States. Extradition of Fugitives from Justice. Sec. 41. That the judge of the United States Court in the Indian Territory shall have the same power to extradite per- sons who have taken refuge in the Indian Territory, charged with crimes in the States or other Territories of the United States, that may now be exercised by the governor of Arkansas in that State, and he may issue requisitions upon governors of States and other Territories, for persons who have com- mitted offenses in the Indian Territory, and who have taken refuge in such States or Territories. Ex parte Dickson, 4 I. T. 481, 69 S. W. 943. Appeals, to United States Supreme Court. Sec 42. That appeals and writs of error may be taken and prosecuted from the decisions of the United States court in the Indian Territory to the Supreme Court of the United States in the same manner and under the same regulations as from the circuit courts of the United States, except as other- wise provided in this act. Naturalization of Indians. Sec 43. That any member of any Indian tribe or nation residing in the Indian Territory may apply to the United States Act March i, 1895. 19 court therein to become a citizen of the United States, and such court shall have jurisdiction thereof and shall hear and determine such application as provided in the statutes of the United States ; _ And the Confederated Peoria Indians residing in the Qua- paw Indian Agency, who have heretofore or who may here- after accept their land in severalty under any of the allotment laws of the United States, shall be deemed to be, and are hereby, declared to be citizens of the United States from and after the selection of their allotments, and entitled to all the rights, privileges, and benefits as such, and parents are hereby declared from that time to have been and to be the legal guar- dians of their minor children without process of court: Provided, That the Indians who become citizens of the United States under the provisions of this act do not forfeit or lose any rights or privileges they enjoy or are entitled to as members of the tribe or nation to which they belong.- Raymond v. Raymond, 1 I. T. 334, 37 S. W. 202. Roff v. Burney, 168 U. S. 220, 42 L. Ed. 442. Sec. 44. (Makes appropriation.) EXTRACTS FROM Act of Congress, Approved March 1, 1895. AN ACT TO PROVIDE FOR THE APPOINTMENT OF ADDITIONAL JUDGES OF THE UNITED STATES COURT IN THE INDIAN TERRITORY, AND FOR OTHER PURPOSES. (28 Stat. L. 693.) Indian Territory — Three Judicial Districts Created. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That the terri- tory known as the Indian Territory, now within the jurisdic- 20 Act March i } 1895. tion of the United States court in said Territory, is hereby divided into three judicial districts, to be known as the north- ern, central, and southern districts, and at least two terms of the United States court in the Indian Territory shall be held each year at each place of holding court in each district at such regular times as the judge for such district shall fix and determine. The northern district shall consist of all the Creek country, all of the Seminole country, all of the Cherokee country, all of the country occupied by the Indian tribes in the Ouapaw Indian Agency, and the town site of the Miami Townsite Com- pany, and the places of holding courts in said district shall be- at Vinita, Miami, Tahlequah, and Muskogee. The central district shall consist of all the Choctaw coun- try, and the places of holding courts in said district shall be at South McAllister, Atoka, Antlers, and Cameron. The southern district shall consist of all the Chickasaw country, and the places of holding courts in said district shall be at Ardmore, Purcell, Pauls Valley, Ryan, and Chickasha. Watkins v. U. S., 3 I. T. 281, 54 S. W. 819. Section 2. That there shall be appointed by the President, by and with the advice and consent of the Senate, two addi- tional judges of the United States court in said Indian Terri- tory, who shall hold their respective offices for the term of four years from the date of their appointment, unless sooner removed as provided by law, one of whom shall be the judge of the northern district and the other shall be the judge of the southern district ; and the judge of the United States court now in office shall, from and after said appointments, be the judge of the central district, and shall hold his office for the term for which he was appointed, and during the period of their serv- ice said judges shall reside in the judicial districts for which they are appointed : and said judges of the northern and south- ern districts shall each take the oath of office required by law Act March i, 1895. 21 to be taken by the judges of the district courts of the United States. Eberle v. King, 20 Okla. 55, 93 Pac. 748. Sale, etc., of Liquors Prohibited. Sec. 8. That any person, whether an Indian or otherwise, who shall, in said Territory, manufacture, sell, give away, or in any manner, or by any means furnish to anyone, either for him- self or another, any vinous, malt, or fermented liquors, or any other intoxicating drinks of any kind whatsoever, whether medicated or not, or who shall carry, or in any manner have carried, into said Territory any such liquors or drinks, or who shall be interested in such manufacture, sale, giving away, fur- nishing to anyone, or carrying into said Territory any of such liquors or drinks, shall, upon conviction thereof, be punished by fine not exceeding five hundred dollars and by imprison- ment for not less than one month nor more than five years. Parris v. U. S., 1 I. T. 43, 35 S. W. 243. U. S. v. Cohen, 2 I. T. 474, 52 S. W. 38. U. S. v. Buckles, 6 I. T. 319, 97 S. W. 1022. Parraenter v. U. S., 6 I. T. 530, 98 S. W. 340. Burch v U. S., 7 I. T. 284, 104 S. W. 619. State v. 89 Casks of Beer, 128 Pac. 267. In re Webb, 225 U. S. 663, 56 L. Ed. 1248. Indian Territory Court of Appeals. Sec. 11. That the judges of said court shall constitute a court of appeals, to be presided over by the judge oldest in commission as chief justice of said court; and said court shall have such jurisdiction and powers in said Indian- Territory and such general superintending control over the courts thereof as is conferred upon the supreme court of Arkansas over the courts thereof by the laws of said State, as provided by chap- ter forty of Mansfield's Digest of the Laws of Arkansas, and the provisions of said chapter, so far as they relate to the ju- risdiction and powers of said supreme court of Arkansas as to appeals and writs of error, and as to the trial and decision 22 Act March i, 1895. of causes, so far as they are applicable, shall be, and they are hereby, extended over and put in force in the Indian Terri- tory; and appeals and writs of error from said court in said districts to said appellate court, in criminal cases, shall be prosecuted under the provisions of chapter forty-six of said Mansfield's Digest, by this act put in force in the Indian Terri- tory. But no one of said judges shall sit in said appellate court in the determination of any cause in which an appeal is prose- cuted from the decision of any court over which he presided. In case of said presiding judge being absent, the judge next oldest in commission shall preside over said appellate court, and in such case two of said judges shall constitute a quorum. In all cases where the court is equally divided in opinion, the judgment of the court below shall stand affirmed. Writs of error and appeals from the final decision of said appellate court shall be allowed, and may be taken to the cir- cuit court of appeals for the eighth judicial circuit in the same manner and under the same regulations as appeals are taken from the circuit courts of the United States. Said appellate court shall appoint its own clerk, who shall hold office at the pleasure of said court, and who shall receive a salary of one thousand two hundred dollars per annum. The marshal of the district wherein such appellate court shall be held shall be marshal of such court. Said appellate court shall be held at South McAllister, in the Choctaw Nation, and it shall hold two terms in each year, at such times and for such periods as may be fixed by the court. Porter v. Brook, 21 Okla. S85, 97 Pac. 645. Harless v. U. S., 88 Fed. 97. Lewis v. Sittel, 165 Fed. 157. Stephens v. Cherokee Nation, 174 U. S. 444, 43 L. Ed. 1041. Laurel Oil Co. v. Morrison, 212 U. S. 291, 52 L. Ed. 517. Acts Feb. 8, 1896; Jan. 30, 1897. 23 AN ACT TO EXTEND THE JURISDICTION OF THE UNITED STATES CIRCUIT COURT OF APPEALS, EIGHTH CIRCUIT, OVER CERTAIN SUITS NOW PENDING THEREIN ON APPEAL AND WRIT OF ERROR FROM THE UNITED STATES COURT IN THE INDIAN TERRITORY. Act of Congress, Approved February 8, 1896. (29 Stat. L. 6.) BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That the jurisdiction of the United States circuit court of appeals for the eighth judicial circuit be, and is hereby, extended to all suits at law or equity now pending therein upon writ of error to or appeal from the United States court in the Indian Terri- tory in all cases wherein such writ of error or appeal would have vested jurisdiction in said circuit court of appeals but for the Act of Congress approved March first, eighteen hun- dred and ninety-five, entitled "An Act to provide for the ap- pointment of additional judges of the United States court in the Indian Territory, and for other purposes." Grady v. Newman, 1 I. T. 284, 37 S. W. 54. AN ACT TO PROHIBIT THE SALE OF INTOXICATING DRINKS TO INDIANS, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES. Act of Congress, Approved January 30, 1897. (29 Stat. L. 506.) BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That any per- son who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind 24 Act January 30, 1897. whatsoever, or any essence, extract, bitters, preparation, com- pound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom allotment of land has been made while the title to the same shall be held in trust by the Government, or to any In- dian a ward of the Government under charge of any Indian Superintendent or agent, or any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the con- sent of the United States, shall be punished by imprisonment for not less than sixty days, and by a fine of not less than one hundred dollars for the first offense and not less than two hundred dollars for each offense thereafter: Provided, how- ever, That the person convicted shall be committed until fine and costs are paid. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the War Department or any officer duly authorized there- unto by the War Department. That so much of the Act of the twenty-third day of July, eighteen hundred and ninety-two, as is inconsistent with the provisions of this Act is hereby repealed. United States v. Cohn, 2 I. T. 474, 52 S. W. 38. United States v. Buckles, 6 I. T. 319, 97 S. W. 1022. United States v. U. S. Express Co., 180 Fed. 1007. United States Express Co. v. Friedman, 191 Fed. 673. Mosier v. United States, 198 Fed. 54. Evans v. Victor, 199 Fed. 504. Clairmont v. United States, 225 U. S. 551, 56 L. Ed. 1201. In re Webb, 225 U S. 663, 56 L. Ed. 1248. Recording of Mortgages. 25 AN ACT RELATING TO MORTGAGES IN THE INDIAN TERRITORY. Act of Congress, Approved February 3, 1897. (29 Stat. L. 510.) Arkansas Law of Mortgages Applicable. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That section forty-seven hundred and forty-two of Mansfield's Digest of the Laws of Arkansas, heretofore put in force in the Indian Territory, is hereby amended by adding to said section the fol- lowing : "Provided, That if the mortgagor is a nonresident of the Indian Territory the mortgage shall be recorded in the judicial district in which the property is situated at the time the mort- gage is executed. All mortgages of personal property in the Indian Territory heretofore executed and recorded in the judicial district thereof in which the property was situated at the time they were executed are hereby validated." McFadden v. Blocker, 2 I. T. 260, 48 S. W. 1043, 3 I. T. 230, 54 S. W. 873. Evans Snider Buel Co. v. McFadden, 105 Fed. 293, 185 U. S. 505, 46 L. Ed. 1012. National Live Stock Commission Co. v. Talifero, 20 Okla. 180, 93 Pac. 983. Hales v. Zander, 24 Okla. 246, 103 Pac. 669. 26 Act March 3, 1901. CITIZENSHIP ACCORDED INDIANS. Act of Congress, Approved March 3, 1901. (31 Stat. L. 1447.) AN ACT TO AMEND SECTION SIX, CHAPTER ONE HUNDRED AND NINETEEN, UNITED STATES STATUTES AT LARGE NUMBERED TWENTY-FOUR. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That section six of chapter one hundred and nineteen of the United States Statutes at Large numbered twenty-four, page three hundred and ninety, is hereby amended as follows, to wit : After the words "civilized life," in line thirteen of said section six, insert the words "and every Indian in Indian Territory." Approved February 8, 1887. (Section six of Chapter one hundred and nineteen United States Statutes at large numbered Twenty-four is as follows.^ (24 Stat. L. 388.) That upon the completion of said allotments and the pat- enting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom al- lotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside ; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law ; And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, Enid and Anadarko Act. 27 and has adopted the habits of civilized life (here insert amend- ing words), is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and im- munities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property. Zevely v. Weimer, 5 I. T. 688, 82 S. W. 941. Godfrey v. Iowa Land & Trust Co., 21 Okla. 293, 95 Pac. 792. Western Investment Co. v. Kistler, 22 Okla. 222, 97 Pac. 588. United States v. Allen, 171 Fed. 907. And see: Goodrum v. Buffalo, 162 Fed. S17. Bowling v. U. S., 191 Fed. 19. AN ACT TO GRANT THE PJGHT OF WAY THROUGH THE OKLAHOMA TERRITORY AND THE INDIAN TERRITORY TO THE ENID AND ANADARKO RAILWAY COMPANY, AND FOR OTHER PURPOSES. Act of Congress, Approved February 28, 1902. (32 Stat. L. 43.) Right of Way — Location — Construction. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That the Enid and Andarko Railway Company, a corporation created under and by virtue of the laws of the Territory of Oklahoma, be, and the same is hereby invested and empowered with the right of locating, constructing, owning, equipping, operating, using, and maintaining a railway and telegraph, and telephone line through the Territory of Oklahoma and the Indian Ter- ritory, beginning at a point on its railway between Anadarko and Watonga, in the Territory of Oklahoma, thence in an 28 Enid and Anadarko Act. easterly direction by the most practicable route to a point on the eastern boundary of the Indian Territory near Fort Smith, in the State of Arkansas, together with such branch lines to be built from any point on the line above described to any other point in the Indian Territory as said railway company may at any time hereafter decide to construct, with the right to construct, use, and maintain such tracks, turn-outs, sid- ings, and extensions as said company may deem it to its in- terest to construct along and upon the right of way and depot grounds hereby granted. Right of Way — Width — Stations: — Reversion for Nonuser. Section 2. That said corporation is authorized to take and use for all purposes of a railway, and for no other purpose, a right of way one hundred feet in width through said Okla- homa Territory and said Indian Territory, and to take and use a strip of land two hundred feet in width ; with a length of two thousand feet, in addition to right of way, for stations, for every eight miles of road, with the right to use such ad- ditional ground where there are heavy cuts or fills, as may be necessary for the construction and maintenance of the road- bed, not exceeding one hundred feet in width on each side of said right of way, or as much thereof as may be included in said cut or fill : Provided, That no more than said addition of land shall be* taken for any one station : Provided further, That no part of the lands herein authorized to be taken shall be leased or sold by the company, and they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railway, telegraph, and telephone lines ; and when any portion thereof shall cease to . be so used such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. Damages — Compensation — Condemnation — Appraisal — Appeal. Sec. 3. That before said railway shall be constructed through any lands held by individual occupants according to Enid and Anadarko Act. 29 the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such rail- way. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the ap- praisement of three disinterested referees, to be appointed, one (who shall act as chairman) by the Secretary of the In- terior, one by the chief of the nation to which said occupant belongs, and one by said railway company, who, before en- tering upon the duties of their appointment, shall take and sub- scribe, before a district judge, clerk of a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member, after due notice. And upon the failure of either party to make such appointment within thirty days after the appointment made by the Secretary of the Interior, the va- cancy shall be filled by a judge of the United States court for the Indian Territory upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings within the nation to which such occupant be- longs : Each of said referees shall receive for his services the sum of four dollars per day for each day they are engaged in the trial of any case submitted to them under this Act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the courts of said nations. Costs, including compensation of the referees, shall be made a part of the award, and be paid bv such railwav companv. In case the referees can not agree, then any two of them are author- ized to make the award. Either party being dissatisfied with the finding of the referees shall have the right, within ninetv davs after the making of the award and notice of the same. 30 Enid and Anadarko Act. to appeal by original petition to the United States court for the Indian Territory, which court shall have jurisdiction to hear and determine the subject-matter of said petition, ac- cording to the laws of the Territory in which the same shall be heard provided for determining the damage when property is taken for railroad purposes. If upon the hearing of said ap- peal the judgment of the court shall he for a larger sum than the award of the referees, the cost of said appeal shall be ad- judged against the railway company. If the judgment of the court shall be for the same sum as the award of the ref- erees, then the costs shall be adjudged against the appellant. If the judgment of the court, shall be for a smaller sum than the award of the referees, then the costs shall be adjudged against the party claiming damages. When proceedings have been commenced in court, the railway company shall pay double the amount of the award into court to abide the judg- ment thereof, and then have the right to enter upon the prop- erty sought to be condemned and proceed with the construction of the railway. Freight and Passenger Charges — Carrying Mail. Sec. 4, That said railway company shall not charge the inhabitants of said Territory a greater rate of freight than the rate authorized by the laws of the Territory of Oklahoma for services or transportation of the same kind : Provided, That passenger rates on said railway shall not exceed three cents per mile. Congress hereby reserves the right to regulate the charges for freight and passengers on said railway and messages on said telegraph and telephone lines until a State government or governments shall exist in said Territory with- in the limits of which said railway, or a part thereof, shall be located ; and then such State government or governments shall be authorized to fix and regulate the cost of transportation of persons and freights within their respective limits by said railway; but Congress expressly reserves the right to fix and regulate at all times the cost of such transportation by said Enid and Anadarko Act. 31 railway or said company whenever such transportation shall extend from one State into another, or shall extend into more than one State : Provided, however, That the rate of such transportation of passengers, local or interstate, shall not ex- ceed the rate above expressed : And provided further, That said railway company shall carry the mail at such prices as Congress may by law provide ; and until such rate is fixed by law the Postmaster-General may fix the rate of compensation. Payment to Tribes — Appeal — Annual Rental — Taxation. Sec. 5. That said railway company shall pay to the Secre- tary of the Interior, for the benefit of the particular nations or tribes through whose lands said main line and branches may be located, the sum of fifty dollars, in addition to com- pensation provided for in this Act for property taken and damages done to individual occupants by the construction of the railway, for each mile of railway that it may construct in said Territory, said payments to be made in installments of five hundred dollars as each ten miles of road is graded: Provided, That if the general council of said nations or tribes through whose lands said railway may be located or the prin- cipal executive officer of the tribe if the general council be not in session shall, within four months after the filing of maps of definite location, as set forth in section six of this Act, dissent from the allowances provided for in this section, and shall certify the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nation or tribe under the provisions of this Act shall be determined as provided in section three for the determination of the com- pensation to be paid to the individual occupant of lands, with the right of appeal to the courts upon the same terms, condi- tions, and requirements as therein provided : Provided fur- ther, That the amount awarded or adjudged to be paid by said railway company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the foregoing provisions. Said 2,2 Enid and Anadarko Act. company shall also pay, so long as said Territory is owned and occupied by the Indians in their tribal relations, to the Secretary of the Interior the sum of fifteen dollars per annum for each mile of railway it shall construct in said Territory. The money paid to the Secretary of the Interior under the provisions of this Act shall be apportioned by him in accord- ance with the laws and treaties now in force between the United States and said nations or tribes, according to the number of miles of railway that may be constructed by said railway company through their lands : Provided, That Con- gress shall have the right, so long as said lands are occupied and possessed by said nation or tribe, to impose such additional taxes upon said railway as it may deem just and proper for their benefit ; and any Territory or State hereafter formed through which said railway shall have been established may exercise the like power as to such part of said railway as may lie within its limits. Said railway company shall have the right to survey and locate its railway immediately after the passage of this Act. Maps of Location to Be Filed. Sec. 6. That said company shall cause maps, showing the route of its located line through said Territory, to be filed in the office of the Secretary of the Interior, and also to be filed in the office of the principal chief of each of the nations or tribes through whose lands said railway may be located, and after the filing of said maps no claim for a subsequent settlement and improvement upon the right of way shown by said maps ■ shall be valid as against said company : Pro- vided, That when a map showing any portion of said rail- way company's located line is filed as herein provided for, said company shall commence grading said located line within six months thereafter, or such location shall be void ; and said location shall be approved by the Secretary of the In- terior in sections of twenty-five miles before construction of any such section shall be begun. Enid and Anadarko Act. 33 Employees May Reside on Right of Way. Sec. 7. That the officers, servants, and employees of said company necessary to the construction and management of said road shall be allowed to reside, while so engaged, upon such right of way. but subject to the provisions of the Indian intercourse laws, and such rules and regulations as may be established by the Secretary of the Interior in accordance with said intercourse laws. Jurisdiction of Indian Territory Courts. Sec. 8. That the United States court for the Indian Terri- tory and such other courts as may be authorized by Congress shall have, without reference to the amount in controversy, concurrent jurisdiction over all controversies arising between the said Enid and Anadarko Railway Company and the na- tion and tribe through whose territory said railway shall be constructed. Said courts shall have like jurisdiction, with- out reference to the amount in controversy, over all controver- sies arising between the inhabitants of said nation or tribe and said railway company; and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Territory, without distinction as to citizenship of the parties, so far as may be necessary to carry out the provisions of this Act. Time of Construction. Sec. 9. That said railway company shall build at least one- tenth of its railway in said Territory within one year after the passage of this Act, and complete its road within three years after the approval of its map of location by the Sec- retary of the Interior or the rights herein granted shall be for- feited as to that portion not built ; that said railway com- pany shall construct and maintain continually all road and highway crossings and necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway's right of way, or may be by the proper authorities laid out across the same. VCT3 34 Enid and Anadarko Act. Acceptance of Right of Way by Railroad. Sec. io. That the said Enid and Anadarko Railway Com- pany shall accept this right of way upon the express condi- tion, binding upon itself, its successors, and assigns, that they will neither aid, advise, nor assist in any effort looking toward the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian nation any further grant of land, or its occupancy, than is hereinbefore provided : Provided, That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said railway com- pany under this Act. Railroad Mortgages to Be Recorded. Sec. ii. That all mortgages executed by said railway com- pany conveying any portion of its railway, with its franchises, that may be constructed in said Indian Territory, shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of their execution, and shall convey all rights, franchises, and property of said com- pany as therein expressed. Amendments. Sec. 12. That Congress may at any time amend, add to, alter, or repeal this Act ; and the right of way herein and hereby granted shall not be assigned or transferred in any form whatever prior to the construction and completion of the road, except as to mortgages or other liens that may be given or' secured thereon to aid in the construction thereof. General Right to Condemn Right of Way Given Railroads. Sec. 13. That the right to locate, construct, own, equip, operate, use, and maintain a railway and telegraph and tele- phone line or lines into, in, or through the Indian Territory, together with the right to take and condemn lands for right of way, depot grounds, terminals, and other railway pur- Enid and Anadarko Act.. 35 poses, in or through any lands held by any Indian tribe or nation, person, individual, or municipality, in said Territory, or in or through any lands in said Territory which have been or may hereafter be allotted in severalty to any individual Indian or other person under any law or treaty, whether the same have or have not been conveyed to the allottee, with full power of alienation, is hereby granted to any railway company organized under the laws of the United States, or of any State or Territory which shall comply with this Act. Right of Way — Width — Station Grounds — Water Supply. Sec. 14. That the right of way of any railway company shall not exceed one hundred feet in width except where there are heavy cuts and fills, when one hundred feet ad- ditional may be taken on each side of said right of way; bnt lands additional and adjacent to said right of way may be taken and condemned by any railway company for sta- tion grounds, buildings, depots, side tracks, turnouts, or other railroad purposes not exceeding two hundred feet in width, by a length of two thousand feet. That additional lands not exceeding forty acres at any one place may be taken by any railway company when necessary for yards, roundhouses, turntables, machine shops, water stations, and other railroad purposes. And when necessary for a good and sufficient water supply in the operation of any railroad, any such rail- way company shall have the right to take and condemn addi- tional lands for reservoirs for water stations, and for such pur- pose shall have the right to impound surface water or build dams across any creek, draw, canyon, or stream, and shall have the right to connect the same by pipe line with the railroad and take the necessary grounds for such purposes ; and any railway company shall have the right to change or straighten its line, reduce its grades or curves, and locate new stations and to take the lands and right of way necessary therefor under the provisions of this Act. 36 Enid and Anadarko Act. Damages — Compensation — Condemnation — Procedure — Appeal — Maps, to Be Filed. Sec. 15. That before any railroad shall be constructed or any lands taken or condemned for any of the purposes set forth in the preceding sections, full compensation for such right of way and all land taken and all damage done or to be done by the construction of the railroad, or the taking of any lands for railroad purposes, shall be made to the individual owner, occupant, or allottee of such lands, and to the tribe or nation through or in which the same is situated : Provided, That correct maps of the said line of railroad in sections of twenty- five miles each, and of any lands taken under this Act, shad be filed in the Department of the Interior, and shall also be filed with the United States Indian agent for Indian Territ tv and with the principal chief or governor of any tribe or na- tion through which the lines of railroad may be located or in which said lines are situated. In case of the failure of any railway company to mako amicable settlement with any individual owner, occupant, al- lottee, tribe or nation for any right of way or lands or im- provements sought to be appropriated or condemned under this Act, all compensation and damages to be paid to the dis- senting individual owner, occupant, allottee, tribe, or nation by reason of the appropriation and condemnation of said right of way, lands, or improvements shall be determined by the appraisement of three disinterested referees, to be ap- pointed by the judge of the United States court, or other court of jurisdiction in the district where such lands are situated, on application of the corporation or other person or party in interest. Such referees, before entering upon the duties of their appointment, shall each take and subscribe, before competent authority, an oath that he will faithfully and im- partially discharge the duties of his appointment, which oaths, duly certified, shall be returned with the award of the re- ferees to the clerk of the court by which they were appointed. The referees shall also find in their report the names of the Ex id and Anadarko Act. 37 person and persons, tribe, or nation to whom the damages are payable and the interest of each person, tribe, or nation in the award of damages. Before such referees shall proceed with the assessment of damages, for any right of way or other lands condemned under this Act, twenty days' notice of the time when the same shall be condemned shall be given to all persons interested, by publication in some newspaper in general circulation nearest said property in the district where said right of way or said lands are situated, or by ten days' personal notice to each person owning or having any interest in said lands or right of way: Provided, That such notice to any tribe or nation may be served on the prin- cipal chief or governor of the tribe. If the referees can not agree, then any two of them are authorized to and shall make the award. Any party to the proceedings who is dissatis- fied with the award of the referees shall have the right, within ten days after the making of the award, to appeal, by original petition, to the United States court, or other court of competent jurisdiction, sitting at the place nearest and most convenient to the property sought to be taken, where the ques- tion of the damages occasioned by the taking of the lands in controversy shall be tried de novo, and the judgment rend- ered by the court shall be final and conclusive, subject, how- ever, to appeal as in other cases. When the award of damages is filed with the clerk, of the court by the referees, the railway company shall deposit the amount of such award with the clerk of the court, to abide the judgment thereof, and shall then have the right to enter upon and take possession of the property sought to be con- demned : Provided, That when the said railway company is not satisfied with the award, it shall have the right, before commencing construction, to abandon any portion of said right of way and adopt a new location, subject, however, as to such new location, to all the provisions of this Act. Each of the referees shall receive for his compensation the sum of four dollars per day while actually engaged in the appraisement of 38 Enid and Anadarko Act. the property and the hearing of any matter submitted to their, under this Act. Witnesses shall receive the fees and mileage allowed by law to witness in courts of record within the dis- trict where such lands are located. Costs, including com- pensation of the referees, shall be made part of the award of judgment and be paid by the railway company; Provided, That if any party or person other than the railway company shall appeal from any award, and the judgment of the court does not award such appealing party or person more than the referees awarded, all costs occasioned by such appeal shall be paid by such appealing party or person. Compensation to Tribes — Cost of Transportation — Mail. Sec. 16. That where a railroad is constructed under the provisions of this Act there shall be paid by the railway com- pany to the Secretary of the Interior, for the benefit of the particular tribe or nation through whose lands any such rail- road may be constructed, an annual charge of fifteen dol- lars per mile for each mile of road constructed, the same to be paid so long as said lands shall be owned and occupied, by such nation or tribe, which payment shall be in addition to the compensation otherwise provided herein ; and the grants herein are made upon the condition that Congress hereby reserves the right to regulate the charges for freight and passengers on said railways and messages on all telegraph and telephone lines until a State government or governments shall exist in said Territory within the limits of which any railway shall be located ; and then such State government or governments shall be authorized to fix and regulate the cost of transportation of persons and freights within their respective limits by such railways; but Congress expressly reserves the right to fix and regulate at all times the cost of such trans- portation by said railways whenever such transportation shall extend from one State into another, or shall ex- tend into more than one State ; and that the railway com- panies shall carry the mail at such prices as Congress may Enid and Anadarko Act. 39 by law provide ; and until such rate is fixed by law the Post- master-General may fix the rate of compensation. Railroad Crossings — Condemnation — Procedure. Sec. 17. That any railway company authorized to construct, own, or operate, a railroad in said Territory desiring to cross or unite its tracks with any other railroad upon the grounds of such other railway company, shall, after fifteen days' no- tice in writing to such other railroad company, make appli- cation in writing to the judge of the United States court for the district in which it is proposed to make such crossing or connection for the appointment of three disinterested refer- ees to determine the necessity, place, manner, and time of such crossing or connection. The provisions of section three of this Act with respect to the condemnation of right of way through tribal or individual lands shall, except as in this sec- tion otherwise provided, apply to proceedings to acquire the right to cross or connect with another railroad. Upon the hearing of any such application to cross or connect with any other railroad, either party or the referees may call and ex- amine witnesses in regard to the matter, and said referees shall have the same power to administer oaths to witnesses that is now possessed by the United States commissioners in said Territory, and said referees shall, after such hearing and a personal examination of the locality where a crossing or connection is desired, determine whether there is a ne- cessity for such crossing, or not, and if so, the place thereof, whether it shall be over or under the existing railroad, or at grade, and in other respects the manner of such crossing and the terms upon which the same shall be made and maintained : Provided, That no crossing shall be made through the yards or over the switches or side tracks of any existing railroad if a crossing can be effected at any other place that is prac- ticable. If either party shall be dissatisfied with the terms of the order made by said referees it may appeal to the United States court of the Indian Territory for the district wherein 40 Enid and Anadarko Act. such crossing or connection is sought to be made in the same manner as appeals are allowed from a judgment of a United States commissioner to said court, and said appeal and all sub- sequent proceedings shall only affect the amount of compensa- tion, if any, and other terms of crossing fixed by said referees, but shall not delay the making of said crossing or connection : Provided, That the corporation desiring such crossing or connection shall deposit with the clerk of the court the amount of compensation, if any is fixed by said referees, and shall execute and file with said clerk a bond of sufficient security to be approved by the court or a judge thereof in vacation, to pay all damages and comply with all terms that may be adjudged by the court. Any railway company which shall violate or evade any of the provisions of this section shall forfeit for every such offense, to the person, company, or cor- poration injured thereby, three times the actual damages sus- tained by the party aggrieved. Railroad Crossings. Sec. i 8. That when in any case two or more railroads crossing each other at a common grade shall, by a system of interlocking or automatic signals or by any works or fix- tures to be erected by them, render it safe for engines and trains to pass over such crossing without stopping, and, such interlocking or automatic signals or works or fixtures shall be approved by the Interstate Commerce Commissioners, then, in that case, it is hereby made lawful for the engines and trains of such railroad or railroads to pass over such crossing without stopping, any law or the provisions of any law to the contrary notwithstanding; and when two or more railroads cross each other at a common grade, either of such roads may apply to the Interstate Commerce Commissioners for permission to introduce upon both of said railroads some system of interlocking or automatic signals or works or fix- tures rendering it safe for engines and trains to pass over such crossings without stopping, and it shall be the duty of said In- Enid and Anadarko Act. 41 terstate Commerce Commissioners, if the system of works and fixtures which it is proposed to erect by said company are, in the opinion of the Commission, sufficient and proper, to grant such permission. Railroad Crossings — Signals. Sec. 19. That any railroad company which has obtained permission to introduce a system of interlocking or automatic signals at its crossing at a common grade with any other railroad, as provided in the last section, may, after thirty days' notice, in writing, to such other railroad company, in- troduce and erect such interlocking or automatic signals or fixtures ; and if such railroad company, after such notification, refuses to join with the railroad company giving such notice in the construction of such works or fixtures, it shall be lawful for said company to enter upon the right of way and tracks of such second company, in such manner as to not un- necessarily impede the operation of such road, and erect such works and fixtures, and may recover in any action at law from such second company one-half of the total cost of erect- ing and maintaining such interlocking or automatic signals or works or fixtures on both of said roads. Railroad Mortgages to Be Recorded. Sec. 20. That all mortgages executed by any railway com- pany conveying any portion of its railway, with its franchises, that may be constructed in said Indian Territory, shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of their execution, and shall convey all rights, franchises, and property of said com- pany as therein expressed. Right to Amend. Sec. 21. That Congress hereby reserves the right at any time to alter, amend, or repeal this Act, or any portion there- of. 42 Enid and Anadarko Act. Railroads Subject to This Act — Extension of Time of Completion. Sec. 22. That any railway company which has heretofore acquired, or may hereafter acquire, under any other Act of Congress, a railroad right of way in Indian Territory may, in the manner herein prescribed, obtain any or all of the benefits and advantages of this Act, and in such event shall become subject to all the requirements and responsibilities im- posed by this Act upon railroad companies acquiring a right of way hereunder. And where the time for the completion of a railroad in Indian Territory under any Act granting a right of way therefor has expired, or shall hereafter expire, in advance of the construction of such railroad, or of any part thereof, the Secretary of the Interior may, upon good cause shown, extend the time for the completion of such rail- road, or of any part thereof, for a time not exceeding two years from the date of such extension. Repeals — Act Applicable to Osage Nation. Sec. 23. That an Act entitled "An Act to provide for the acquiring of rights of way by railroad companies through In- dian reservations, Indian lands, and Indian allotments, and for other purposes," approved March second, eighteen hundred and ninety-nine, so far as it applies to the Indian Territory and Oklahoma Territory, and all other Acts or parts of Acts inconsistent with this Act are hereby repealed : Provided, That such repeal shall not affect any railroad company whose rail- road is ' now actually being constructed, or any rights which have already accrued : but such railroads may be completed and such rights enforced in the manner provided by the laws ' under which such construction was commenced or under which such rights accrued : And provided further, That the provisions of this Act shall apply also to the Osages' Reser- vation and other Indian reservations and allotted Indian lands in the Territory of Oklahoma, and all judicial proceed- ings herein authorized, may be commenced and prosecuted in the courts of said Oklahoma Territory which may now or Act March 24, 1902. 43 hereafter exercise jurisdiction within said reservations or al- lotted lands. C. 0. & G. Ry. Co. v. Bond, 6 I. T. 515, 98 S. W. 335. St. L. & S. F. R. Co. v. Pfennighausen, 7 I. T. GS5, 104 S. W. 880. Denver W. & M. Ry. Co. v. Adkinson, 28 Okla. 1, 119 Pac. 247. Bruner v. Ft. Smith & W. R. Co., 127 Pac. 700, 33 Okla. 711. AN ACT TO CHANGE THE BOUNDARIES BETWEEN THE SOUTHERN AND CENTRAL JUDICIAL DISTRICTS OF THE INDIAN TERRITORY. Act of Congress, Approved March 24, 1902. (32 Stat. L. 90.) Additions to Central Judicial District. BE IT ENACTED BY THE SENATE AND HOUSE OE REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That all that portion of the Chickasaw Nation east of the Washita River, from the junction of Island Bayou and the Red River, up the Red River to the month of the Washita River, and up said river to the mouth of Butcherpen Creek, and north up said Butcherpen Creek to the township line between town- ships four and five south, in range seven east, thence along said township line to the boundary line between the Choc- taw and Chickasaw nations, in range eight east, shall be added to the central judicial district of the Indian Territory. Jurisdiction of Courts — Civil and Criminal. Section 2. That the United States court for the Central judicial district of the Indian Territory shall have jurisdiction over all cases, civil and criminal, arising within the said boundaries after the passage of this Act. 44 Act May 19, 1902. United States. Commissioners — Appointment of. Sec. 3. That the judge of the United States court in the Indian Territory presiding in the central judicial district thereof is hereby authorized and empowered to appoint an additional United States commissioner within said district, who shall be permanently located at Durant, in the Choctaw Nation, and to prescribe by metes and bounds the portion of the district for which such commissioner is appointed. AX ACT FOR THE PROTECTION OF CITIES AND TOWNS IN THE INDIAN TERRITORY, AND FOR OTHER PURPOSES. Act of Congress, Approved May 10, 1902. (32 Stat. L. 200.) Bond Issues Authorized — Limit of Issue — Procedure. BE IT ENACTED BY THE SENATE AND'HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That any in- corporated city or town in the Indian Territory having a pop- ulation of two thousand or more is hereby authorized to issue bonds and borrow money thereon, to be used for the construc- . tion of sewers and waterworks and the building of school- houses ; such bonds not to exceed an amount, the interest on which at five per centum per annum would be liquidated by a tax of five mills upon the dollar of the valuation of the taxable property in such city or town, to be ascertained by the last assessment for purposes of taxation ; that before such bonds shall be issued the same shall be authorized by a two- thirds majority of the qualified voters of such city or town voting at an election held for that purpose, notice of which shall be published for four consecutive weeks prior thereto in a newspaper of general circulation published in such munic- Act May 19, 1902. 45 ipality : Provided, That such bonds shall not be issued until it shall be made to appear to the satisfaction of the judge of the United States court for the judicial district in which such municipality is located, by petition of the mayor and council thereof, that all the requirements of this section have been complied with, who shall thereupon cause to be entered upon the minutes of his court a judgment or decree reciting the facts as he finds them to be : Provided, however, That before any election shall be held for the purposes herein named a census shall be taken and the population of said municipality ascertained by some suitable person, or persons, appointed for that purpose by the said judge of the district court, who shall make a sworn return to said judge showing the number of inhabitants thereof, and that the judgment or decree shall set forth the population and taxable wealth of the municipality, and said order or decree shall be printed on said bond and made a part thereof and shall be final and conclusive against said municipality in any litigation on said bonds. Bonds — Interest — Sale. Section 2. That such bonds shall contain all necessary and usual provisions expressing the contract, shall be signed by the mayor and countersigned by the treasurer of such municipal- ity, who shall keep a proper record of such bonds. Said bonds shall not bear a rate of interest exceeding five per centum, pay- able semiannually, and none of said bonds shall be sold at less than their par value. Bonds — Tax to Pay. Sec. 3. That any municipality incurring any indebtedness for the purposes provided for in this Act shall, by ordinance which shall be irrepealable, provide for the collection of an annual tax sufficient to pay the interest on such bonds, as the same falls due, and also to pay and discharge the principal thereof within twenty years from the date of contracting the same: Provided, That if any municipality shall have the authority under any special Act to issue its bonds, the amount 46 Original Curtis Act. of the bonds, issued under the special Act shall be first de- ducted, and there shall only be issued under this Act such ad- ditional bonds as shall not exceed the limit provided in this Act. Incorporated Town of Tahlequah v. Guinn, 5 I. T. 497, 82 S. W. 886. Eberle v. King, 20 Okla. 55, 93 Okla. 748. Mitchell v. Tulsa Water, Light, Heat & Power Co., 21 Okla. 243, 95 Pac. 901. ORIGINAL CURTIS ACT AND ATOKA AGREEMENT. (30 Stat. L. 495.) Act of Congress, Approved June 28, 1898. AN ACT FOR THE PROTECTION OF THE PEOPLE OF THE INDIAN TERRITORY, AND FOR OTHER PURPOSES. "Officer " Defined — Criminal Law. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That in all criminal prosecutions in the Indian Territory against officials for embezzlement, bribery and embracery the word "offi- cer," when the same appears in the criminal laws here- tofore extended over and put in force in said Territory, shall include all officers of the several tribes or nations of Indians in said Territory. Tribe to Be Party In Suits Affecting Tribal Property. Section 2. That when in the progress of any civil suit, either in law or equity, pending in the United States court in any district in said Territory, it shall appear to the court that the property of any tribe is in any way affected by the issues being heard, said court is hereby authorized and re- quired to make said tribe a party to said suit by service upon Original Curtis Act. 47 the chief or governor of the tribe, and the suit shall there- after be conducted and determined as if said tribe had been an original party to said action. Hargrove v. Cherokee Nation. 3 I. T. 484, 58 S. W. GOT, 129 Fed. 1S6. Tuttle v. Moore, 3 I. T. 712, 04 S. W. 585. Thompson v. Morgan, 4 I. T. 412, 00 S. W. 920. Lewis v. Sittle, 30 Okla. 530. Adams v. Murphy, 104 S. W. 058, 105 Fed. 304. Wallace v. Adams, 143 Fed. 710. Stephens v. Cherokee Nation, 174 U. S. 444, 43 L. Ed. 1041. United States Courts — Jurisdiction Over Claims to Members — Improvements — Compensation for. Sec. 3. That said courts are hereby given jurisdiction in their respective districts to try cases against those who may claim to hold as members of a tribe and whose membership is denied by the tribe, but who continue to hold said lands and tenements notwithstanding the objection of the tribe; and if it be found upon trial that the same are held unlawfully against the tribe by those claiming to be members thereof, and the membership and right are disallowed by the Com- mission to the Five Civilized Tribes, or the United States court, and the judgment has become final, then said court shall cause the parties charged with unlawfully holding sail possessions to be removed from the same and cause the lands and tenements to be restored to the person or persons or na- tion or tribe of Indians entitled to the possession of the same : Provided always, That any person being a noncitizen in possession of lands, holding the possession thereof under an agreement, lease, or improvement contract with either of said nations or tribes, or any citizen thereof, executed prior to January first, eighteen hundred and nine-eight, may, as to lands not exceeding in amount one hundred and sixty acres, in de- fense of any action for the possession of said lands show that he is and has been in peaceable possession of such lands, and that he has while in such possession made lasting and valuable 48 Original Curtis Act. improvements thereon, and that he has not enjoyed the pos- session thereof a sufficient length of time to compensate him for such improvements. Thereupon the court or jury try- ing said cause shall determine the fair and reasonahle value of such improvements and the fair and reasonable rental value of such lands for the time the same shall have been occupied by such person, and if the improvements exceed in value the amount of rents with which such person should be charged, the court in its judgment, shall specify such time as will, in the opinion of the court, compensate such person for the bal- ance due, and award him possession for such time unless the amount be paid by claimant within such reasonable time as the court shall specify. If the finding be that the amount of rents exceed the value of the improvements, judgment shall be rendered against the defendant for such sum, for which ex- ecution may issue. Daniels v. Miller. 4 I. T. 426, 69 S. W. 925. Brought v. Cherokee Nation, 4 I. T. 402, 69 S. W, 937. Swinney v. Kelley, 5 I. T. 12, 76 S. W. 303. Sharrock v. Kreiger, 6 I. T. 466, 98 S. W. 161. Hargrove v. Cherokee Nation, 3 I. T. 479. 58 S. W, 667, 69 S. W. 868, 129 Fed. 186. Castell v. McNeely, 4 I. T. 1, 64 S. W. 594. Barton v. Hulsey, 4 I. T. 260, 69 S. W. 868. Thompson v. Morgan, 4 I. T. 412, 69 S. W. 920. Lewis v. Sittle, 30 Okla. 530. Wallace v. Adams, 143 Fed. 716. Stephens v. Cherokee Nation, 174 U. S. 444, 43 L. Ed. 1041. Improvements — Appraisal and Sale. Sec. 4. That all persons who have heretofore made im- provements on lands belonging to any one of the said tribes of Indians, claiming rights of citizenship, whose claims have been decided adversely under the act of Congress approved June tenth, eighteen hundred and ninety-six, shall have posses- sion thereof until and including December thirty-first, eighteen hundred and ninety-eight ; and may, prior to that time, sell or dispose of the same to any member of the tribe owning the Original Curtis Act. 49 land who desires to take the same in his allotment : Provided, That this section shall not apply to improvements which have been appraised and paid for or payment tendered by the Cher- okee Nation under the agreement with the United States ap- proved by Congress March third, eighteen hundred and ninety- three. Brought v. Cherokee Nation, 4 I. T. 462. 69 S. W. 937. Castell v. McNeely, 4 I. T. 11, 64 S. W. 51)4. Hargrove v. Cherokee Nation, 129 Fed. 1S6. Suits for Possession — Notice to Quit. Sec. 5. That before any action by any tribe or person shall be commenced under section three of this act it shall be the duty of the party bringing the same to notify the adverse party to leave the premises for the possession of which the action is about to be brought, which notice shall be served at least thirty days before commencing the action by leaving a written copy with the defendant, or, if he cannot be found, by leaving the same at his last known place of residence or business with any person occupying the premises over the age of twelve years, or, if his residence or business address can not be ascertained, by leaving the same with any person over the age of twelve years upon the premises sought to be recovered and described in said notice ; and if there be no person with whom said notice can be left, then by posting same on the premises. Daniels v. Miller, 4 I. T. 426, 69 S. W. 925. Price v. Cherokee Nation, 5 I. T. 518," 82 S. W. 893. Thompson v. Morgan, 4 I. T. 412, 69 S. W. 920. Lewis v. Sittle, 30 Okla. 530. Suit for Possession — Summons. Sec. 6. That the summons shall not issue in such action until the chief or governor of the tribe, or person or persons bringing suit in his own behalf, shall have filed a sworn com- plaint, on behalf of the tribe or himself, with the court, which shall, as near as practicable, describe the premises so detained, and shall set forth a detention without the consent of the per- VCT4 50 Original Curtis Act. son bringing said suit or the tribe, by one whose membership is denied by it : Provided, That if the chief or governor re- fuse or fail to bring suit in behalf of the tribe, then any mem- ber of the tribe may make complaint and bring said suit. Daniels v. Miller, 4 I. T. 426, 69 S. W. 025. Brought v. Cherokee Nation, 4 I. T..462, Gi) S. W. 937. Hargrove v. Cherokee Nation, 3 I. T. 484, 58 S. W. GG7, 4 I. T. 129 ; 69 S. W. 823, 129 Fed. 186. Thompson v. Morgan, 4 I. T. 412, G9 S. W. 920. Bond on Continuance. Sec. y. That the court in granting a continuance of any case, particularly under section three, may, in its discretion, re- quire the party applying therefor to give an undertaking to the adverse party, with good and sufficient securities, to be ap • proved by. the judge of the court, conditioned for the pay- ment of all damages and costs and defraying the rent which may accrue if judgment is rendered against him. Lewis v. Sittle, 30 Okla. 530. Judgment of Restitution — Execution. Sec. 8. That when a judgment for restitution shall be en- tered by the court the clerk shall, at the request of the plaintiff or his attorney, issue a writ of execution thereon, which shall command the proper officer of the court to cause the defendant or defendants to be forthwith removed and ejected from the premises and the plaintiff given complete and undisturbed pos- session of the same. The writ shall also command the said officer to levy upon the property of the defendant or defend- ants subject to execution, and also collect therefrom the costs of the action and all accruing costs in the service of the writ. Said writ shall be executed within thirty days. Lewis v. Sittle, 30 Okla. 530. Police Jurisdiction Extended. Sec. 9. That the jurisdiction of the court and municipal au- thority of the city of Fort Smith for police purposes in the Original Curtis Act. 51 State of Arkansas is hereby extended over all that strip of land in the Indian Territory lying and being situate between the corporate limits of the said city of Fort Smith and the Arkansas and Poteau rivers, and extending up the said Poteau River to the mouth of Mill Creek ; and all the laws and ordi- nances for the preservation of the peace and health of said city, as far as the same are applicable, are hereby put in force therein : Provided, That no charge or tax shall ever be made or levied by said city against said land or the tribe or nation to whom it belongs. Limitation on Actions for Possession. Sec. 10. That all actions for restitution of possession of real property under this act must be commenced by the serv- ice of a summons within two years after the passage of this act, where the wrongful detention or possession began prior to the date of its passage ; and all actions which shall be commenced hereafter, based upon wrongful detention or pos- session committed since the passage of this act must be com- menced within two years after the cause of action accrued. And nothing in this act shall take away the right to maintain an action for unlawful and forcible entry and detainer given by the act of Congress passed May second, eighteen hundred and ninetv (Twenty-sixth United States Statutes, page ninety- five). Price v. Cherokee Nation, 5 I. T. 518, 82 S. W. 893. Thompson v. Morgan, 4 I. T. 412, 69 S. W. 920. Lewis v. Sittle, 30 Okla. 530. Allotment of Surface by Dawes Commission. Sec. 11. That when the roll of citizenship of any one of said nations or tribes is fully completed as provided by law, and the survey of the lands of said nation or tribe is also completed, the Commission heretofore appointed under acts of Congress, and known as the "Dawes Commission," shall proceed to allot the exclusive use and occupancy of the surface of all the lands of said nation or tribe susceptible of allotment 52 Original Curtis Act. among the citizens thereof, as shown by said roll, giving to each, so far as possible, his fair and equal share thereof, con- sidering the nature and fertility of the soil, location, and value of same; but all oil, coal, asphalt, and mineral deposits in the lands of any tribe are reserved to such tribe, and no allotment of such lands shall carry the title to such oil, coal, asphalt, or mineral deposits ; and all town sites shall also be reserved to the several tribes, and shall be set apart by the Commission heretofore mentioned as incapable of allotment. There shall also be reserved from allotment a sufficient amount of lands now occupied by churches, schools, parsonages, charitable in- stitutions, and other public buildings for their present actual and necessary use, and no more, not to exceed five acres for each school and one acre for each church and each parsonage, and for such new schools as may be needed ; also sufficient land for burial grounds where necessary. When such allotment of the lands of any tribe has been by them completed, said Commission shall make full report thereof to the Secretary of the Interior for his approval : Provided, That nothing here- in contained shall in any way affect any vested legal rights which may have been heretofore granted by act of Congress, nor be so construed as to confer any additional rights upon any parties claiming under any such act of Congress : Pro- vided further, That whenever it shall appear that any member of a tribe is in possession of lands, his allotment may be made out of the lands in his possession, including his home if the holder so desires: Provided further, That if the person to whom an allotment shall have been made shall be declared, upon appeal as herein provided for, by any of the courts of the United States in or for the aforesaid Territory, to have been illegally accorded rights of citizenship, and for that or any other reason declared to be not entitled to anv allotment, he shall be ousted and ejected from said lands ; that all per- sons known as intruders who have been paid for their im- provements under existing laws and have not surrendered pos- session thereof who may be found under the provisions of this Original Curtis Act. 53 act to be entitled to citizenship shall, within ninety clays there- after, refund the amount so paid them, with six per centum interest, to the tribe entitled thereto ; and upon their failure so to do said amount shall become a lien upon all improvements owned by such person in such Territory, and may be enforced by such tribes; and unless such person makes such restitution no allotments shall be made to him : Provided further, That the lands allotted shall be nontransferable until after full title is acquired and shall be liable for no obligations contracted prior thereto by the allottee, and shall be nontaxable while so held : Provided further, That all towns and cities heretofore incor- porated or incorporated under the provisions of this act are hereby authorized to secure, by condemnation or otherwise, all the lands actually necessary for public improvements, re- gardless of tribal lines ; and when the same can not be secured otherwise than by condemnation, then the same may be ac- quired as provided in sections nine hundred and seven and nine hundred and twelve, inclusive, of Mansfield's Digest of the Statutes of Arkansas. U. S. v. Lewis, 5 I. T. 8, 76 S. W. 299. Williams v. Finst Nat'l Bank, 20 Okla. 277, 95 Pac. 457. DeGraffenreid v. Iowa Land & Trust Co., 20 Okla. 687, 95 Pae. 624. McWilliama Investment Co. v. Livingston, 22 Okla. 884, 98 Pac. 914. Bruner v. Sanders, 26 Okla. 673, 110 Pac. 730. Sanders v. Sanders, 28 Okla. 59. Barnett v. Way, 29 Okla. 780, 119 Pae. 418. Divine v. Harmon, 30 Okla. 820, 121 Pac. 219. Morley v. Fewel, 32 Okla. 452, 122 Pac. 700. Shellenbarger v. Fewel, 124 Pac. 617. Taylor v. Parker. 126 Pac. 573. 33 Okla. 199. Chapman v. Siler, 30 Okla. 714, 120 Pac. 608. Harris v. Hardridge, 104 S. W. 826, 166 Fed. 109. Stephens v. Cherokee Nation, 174 U. S. 444, 43 L. Ed. 1041. Cherokee Nation v. Hitchcock, 187 U. S. 303, 47 L. Ed. 183. Garfield v. Goldshy, 211 U. S. 249, 52 L. Ed. 168. Fleming v. McCurtain, 215 U. S. 56, 54 L. Ed. 88. Heckman v. United States, 224 U. S. 13, 56 L. Ed. 820. 54 Original Curtis Act. Record and Confirmation of Allotments. Sec. 12. That when report of allotments of lands of any tribe shall be made to the Secretary of the Interior, as here- inbefore provided, he shall make a record thereof, and when he shall confirm such allotments the allottees shall remain in peaceable and undisturbed possession thereof, subject to the provisions of this act. Fleming v. McCurtain, 215 U. S. 50, 54 L. Ed. 88. Coal, Asphalt and Oil Lands and Leases. Sec. 13. That the Secretary of the Interior is hereby au- thorized and directed from time to time to provide rules and regulations in regard to the leasing of oil, coal, asphalt, and other minerals in said Territory, and all such leases shall be made by the Secretary of the Interior ; and any lease for any such minerals otherwise made shall be absolutely void. No lease shall be made or renewed for a longer period than fifteen years, nor cover the mineral in more than six hundred and forty acres of land, which shall conform as nearly as possible to the surveys. Lessees shall pay on each oil, coal, asphalt, or other mineral claim at the rate of one hundred dollars per annum, in advance, for the first and second years ; two hundred dollars per annum, in advance, for the third and fourth years, and five hundred dollars, in advance, for each succeeding year thereafter, as advanced royalty on the mine or claim on which they are made. All such payments shall be a credit on roy- alty when each said mine is developed and operated and its production is in excess of such guaranteed annual advanced payments ; and all lessees must pay said annual advanced pay- ments on each claim, whether developed or undeveloped ; and should any lessee neglect or refuse to pay such advanced an- nual royalty for the period of sixty days after the same be- comes due and payable on any lease, the lease on which de- fault is made shall become null and void, and the royalties paid in advance shall then become and be the money and prop- erty of the tribe. Where any oil, coal, asphalt, or other min- Original Curtis Act. 55 eral is hereafter opened on land allotted, sold, or reserved, the valne of the use of the necessary surface for prospecting or mining, and the damage done to the other land and improve- ments, shall be ascertained under the direction of the Secre- tary of the Interior and paid to the allottee or owner of the land, by the lessee or party operating the same, before opera- tions begin : Provided, That nothing herein contained shall impair the rights of any holder or owner of a leasehold inter- est in any oil, coal rights, asphalt, or mineral which have been assented to by act of Congress, but all such interest shall con- tinue unimpaired hereby, and shall be assured to such holders or owners by leases from the Secretary of the Interior for the term not exceeding fifteen years, but subject to payment of ad- vance royalties as herein provided, when such leases are not operated, to the rate of royalty on coal mined, and the rules and regulations to be prescribed by the Secretary of the In- terior, and preference shall be given to such parties in re- newals of such leases : And provided further, That when, un- der the customs and laws heretofore existing and prevailing in the Indian Territory, leases have been made of different groups or parcels of oil, coal, asphalt, or other mineral de- posits, and possession has been taken thereunder and improve- ments made for the development of such oil, coal, asphalt, or other mineral deposits, by lessees or their assigns, which have resulted in the production of oil, coal, asphalt, or other mineral in commercial quantities by such lessees or their assigns, then such parties in possession shall be given preference in the mak- ing of new leases, in compliance with the directions of the Sec- retary of the Interior; and in making new leases clue consider- ation shall be made for the improvements of such lessees, and in all cases of the leasing or renewal of leases of oil, coal, as- phalt, and other mineral deposits preference shall be given to parties in possession who have made improvements. The rate of royalty to be paid by all lessees shall be fixed by the Secre- tary of the Interior. 56 Original Curtis Act. Owens v. Eaton, 5 I. T. 275, 82 S. W. 746. McBride v. Farrington, 131 Fed. 797. United States v. McMurray, 181 Fed. 723. Cherokee Nation v. .Hitchcock, 187 U. S. 303, 47 L. Ed. 183. Incorporation of Towns — Taxation. Sec. 14. That the inhabitants of any city or town in said Territory having two hundred or more residents therein may proceed, by petition to the United States court in the district in which such city or town is located, to have the same incor- porated as provided in chapter twenty-nine of Mansfield's Di- gest of the Statutes of Arkansas, if not already incorporated thereunder ; and the clerk of said court shall record all papers and perform all the acts required of the recorder of the county, or the clerk of the county court, or the secretary of State, necessary for the incorporation of any city or town, as pro- vided in Mansfield's Digest, and such city or town government, when so authorized and organized, shall possess all the powers and exercise all the rights of similar municipalities in said State of Arkansas. All male inhabitants of such cities and towns over the age of twenty-one years, who are citizens of the United States or of either of said tribes, who have resided therein more than six months next before any election held under this act, shall be qualified voters at such election. That mayors of such cities and towns, in addition to their other powers, shall have the same jurisdiction in all civil and crimi- nal cases arising within the corporate limits of such cities and towns as, and coextensive with, United States commissioners in the Indian Territory, and may charge, collect, and retain the same fees as such commissioners now collect and account for to the United States ; and the marshal or other executive officer of such citv or town may execute all processes issued in the exercise of the jurisdiction hereby conferred, and charge and collect the same fees for similar services, as are allowed to constables under the laws now in force in said Territory. All elections shall be conducted under the provisions of chapter fifty-six of said digest, entitled "Elections," so far as Original Curtis Act. 57 the same may be applicable ; and all inhabitants of such cities and towns, without regard to race, shall be subject to all laws and ordinances of such city or town governments, and shall have equal rights, privileges, and protection therein. Such city or town governments shall in no case have any authority to impose upon or levy any tax against any lands in said cities or towns until after title is secured from the tribe ; but all other property, including all improvements on town lots, which for the purposes of this act shall be deemed and considered personal property, together with all occupations and privileges, shall be subject to taxation. And the councils of such cities and towns, for the support of the same and for school and other public purposes, may provide by ordinance for the as- sessment, levy, and collection annually of a tax upon such property, not to exceed in the aggregate two per centum of the assessed value thereof, in manner provided in chapter one hun- dred and twenty-nine of said digest, entitled "Revenue," and for such purposes may also impose a tax upon occupations and privileges. Such councils may also establish and maintain free schools in such cities and towns, under the provisions of sections sixty- two hundred and fifty-eight to sixty-two hundred and seventy- six, inclusive, of said digest, and may exercise all the powers conferred upon special school districts in cities and towns in the State of Arkansas by the laws of said State when the same are not in conflict with the provisions of this act. For the purposes of this section all the laws of said State of Arkansas herein referred to, so far as applicable, are hereby put in force in said Territory ; and the United States court therein shall have jurisdiction to enforce the same, and to pun- ish any violation thereof, and the city or town councils shall pass such ordinances as may be necessary for the purpose of making the laws extended over them applicable to them and for carrying the same into effect: Provided, That nothing in this act, or in the laws of the State of Arkansas, shall author- ize or permit the sale, or exposure for sale, of any intoxicating 58 Original Curtis Act. liquor in said Territory, or the introduction thereof into said Territory; and it shall be the duty of the district attorneys in said Territory and the officers of such municipalities to prose- cute all violators of the laws of the United States relating to the introduction of intoxicating liquors into said Territory, or to their sale, or exposure for sale, therein : Provided fur- ther, That owners and holders of leases or improvements in any city or town shall be privileged to transfer the same. Zevely v. Weimer, 5 I. T. 087, 82 S. W. 941. In re Pott's Guardianship, 7 I. T. 59, 103 S. W. 765. Baker v. Mareum & Toomer, 22 Okla. 21, 97 Pac. 572. Town of Hartshome v. Town of Haileyville, 24 Okla. 775, 104 Pac. JO. Lewis v. Sittle, 30 Okla. 530. Cochran v. Hocker, 124 Pae. 953. Dennee v. Cromer, 114 Fed. 623. U. S. v. Rea-Reed Mill & Elevator Co., 171 Fed. 501. Townsite Commissions — Sale of Lots— Improvements.. Sec. 15. That there shall be a commission in each town for each one of the Chickasaw, Choctaw, Creek, and Cherokee tribes, to consist of one member to be appointed by the execu- tive of the tribe, who shall not be interested in town property, other than his home ; one person to be appointed by the Secre- tary of the Interior, and one member to be selected by the town. And if the executive of the tribe or the town fail to select mem- bers as aforesaid, they may be selected and appointed by the Secretary of the Interior. Said commissions shall cause to be surveyed and laid out town sites where towns with a present population of two hun- dred or more are located, conforming to the existing survey, so far as may be, with proper and necessary streets, alleys, and public grounds, including parks and cemeteries, giving to each town such territory as may be required for its present needs and reasonable prospective growth ; and shall prepare correct plats thereof, and file one with the Secretary of the Interior, one with the clerk of the United States court, one with the Original Curtis Act. 59 authorities of the tribe, and one with the town authorities. And all town lots shall be appraised by said commission at their true value, excluding improvements ; and separate appraise- ments shall be made of all improvements thereon ; and no such appraisement shall be effective until approved by the Secretary of the Interior, and in case of disagreement by the members of such commission as to the value of any lot, the Secretary may fix the value thereof. The owner of the improvements upon any town lot, other than fencing, tillage, or temporary buildings, may deposit in the United States treasury, Saint Louis, Missouri, one-half of such appraised value ; ten per centum within two months and fifteen per centum more within six months after notice of appraisement, and the remainder in three equal annual in- stallments thereafter, depositing with the Secretary of the In- terior one receipt for each payment, and one with the author- ities of the tribe, and such deposit shall be deemed a tender to the tribe of the purchase money for such lot. If the owner of such improvements on any lot fails to make deposit of the purchase money as aforesaid, then such lot may be sold in the manner herein provided for the sale of unim- proved lots ; and when the purchaser thereof has complied with the requirements herein for the purchase of improved lots he may, by petition, apply to the United States court within whose jurisdiction the town is located for condemnation and appraise- ment of such improvements, and petitioner shall, after judg- ment, deposit the value so fixed with the clerk of the court ; and thereupon the defendant shall be required to accept same in full payment for his improvements or remove same from the lot within such time as may be fixed by the court. All town lots not improved as aforesaid shall belong to the tribe, and shall be in like manner appraised, and, after approval by the Secretary of the Interior, and due notice, sold to the highest bidder at public auction by said commission, but not for less than their appraised value, unless ordered by the Sec- retary of the Interior ; and purchasers may in like manner make 60 Original Curtis Act. deposits of the purchase money with like effect, as in case of improved lots. The inhabitants of any town may, within one year after the completion of the survey thereof, make such deposit of ten dollars per acre for parks, cemeteries, and other public grounds laid out by said commission with like effect as for improved lots ; and such parks and public grounds shall not be used for any purpose until such deposits are made. The person authorized by the tribe or tribes may execute or deliver to any such purchaser, without expense to him, a deed conveying to him the title to such lands or town lots ; and thereafter the purchase money shall become the propertv of the tribe ; and all such moneys shall, when titles to all the lots in the towns belonging to any tribe have been thus per- fected, be paid per capita to the members of the tribe: Pro- vided, however, That in those town sites designated and laid out under the provisions of this act where coal leases are now being operated and coal is being mined there shall be reserved from appraisement and sale all lots occupied by houses of miners actually engaged in mining, and only while they are so engaged, and in addition thereto a sufficient amount of land, to be determined by the appraisers, to furnish homes for the men actually engaged in working for the lessees operating said mines and a sufficient amount for all buildings and machinery for mining purposes : And provided further, That when the lessees shall cease to operate said mines, then, and in that event, the lots of land so reserved shall be disposed of as pro- vided for in this act. Zevely v. Weimer, 5 I. T. 087, 82 S. W. 941. Tuttle v. Moore. 3 I. T. 712, f>4 S. W. 585. Hockett v. Alston, 3 I. T. 441, 58 S. W. 675. Town of Hartshorne v. Town of Haileyville, 24 Okla. 775, 104 Pac. 49. Lewis v. Sittle, 30 Okla. 530. Cochran v. Hooker. 124 Pac. 953. Fraer, v. Washington, 125 Fed. 280. Original Curtis Act. 6i W. O. Whitney Lumber & Grain Co. v. Crabtree, 104 S. W. 862, 166 Fed. 738. United States v. Rea-Beed Mill & Elevator Co., 171 Fed. 501. Buster v. Wright, 135 Fed. 947. Mineral Lands — Rents and Royalties — Sale of Timber. Sec. i6. That it shall be unlawful for any person, after the passage of this act, except as hereinafter provided, to claim, demand, or receive, for his own use or for the use of anyone else, any royalty on oil, coal, asphalt, or other mineral, or on any timber or lumber, or any other kind of property whatso- ever, or any rents on any lands or property belonging to any one of said tribes or nations in said Territory, or for anyone to pay to any individual any such royalty or rents or any con- sideration therefor whatsoever ; and all royalties and rents hereafter payable to the -tribe shall be paid, under such rules and regulations as may be prescribed by the Secretary of the Interior, into the Treasury of the United States to the credit of the tribe to which they belong: Provided, That where any citizen shall be in possession of only such amount of agricul- tural or grazing lands as would be his just and reasonable share of tbe lands of his nation or tribe and that to which his wife and minor children are entitled, he may continue to use the same or receive the rents thereon until allotment has been made to him : Provided further, That nothing herein con- tained shall impair the rights of any member of a tribe to dis- pose of any timber contained on his, her, or their allotment. U. S. v. Lewis, 5 I. T. , 76 S. W. 209. Hubbard v. Chism, 5 I. T. 95, 82 S. W. GS6. Thompson v. McLaughlin, 7 L T. 1, 103 S. W. 595. Atoka Coal Mining Co. v. Adams, 3 1. T. 192, 53 S. W. 539, 104 Fed. 471. Coal & Improvement Co. v. McBride, 3 I. T. 223, 54 S. W. 1099. Walker v. Boberson. 21 Okla. 894, 97 Eac. 609. Fraer v. Washington, 125 Fed. 280. McBride v. Farrington, 131 Fed. 797. Cherokee Nation v. Hitchcock, 187 U. S. 303, 47 L. Ed. 183. 62 Original Curtis Act. Excessive Holdings of Lands — Misdemeanor. Sec. 17. That it shall be unlawful for any citizen of any one of said tribes to inclose or in any manner, by himself or through another, directly or indirectly, to hold possession of any greater amount of lands or other property belonging to any such nation or tribe than that which would be his approx- imate share of the lands belonging to such nation or tribe and that of his wife and his minor children as per allotment herein provided ; and any person found in such possession of lands or other property in excess of his share and that of his family, as aforesaid, or having the same in any manner inclosed, at the expiration of nine months after the passage of this act, shall be deemed guilty of a misdemeanor. Denton v. Capital Townsite Co., 5 I. T. 396, 82 S. W. 852. Thomason v. McLaughlin, 7 I. T. 1, 103 S. W. 595. Atoka Coal Mining Co. v. Adams, 3 I. T. 192, 53 S. W. 539. Walker v. Roberson, 21 Okla. 894. 97 Pac. 009. Summers v. Barks, 127 Pac. 402. Williams v. First Nat'l Bank, 21G U. S. 5S2, 54 L. Ed. 625. Excessive Holdings — Penalty for. Sec. 18. That any person convicted of violating any of the provisions of sections sixteen and seventeen of this act shall be deemed guilty of a misdemeanor and punished by a fine of not less than one hundred dollars, and shall stand committed until such fine and costs are paid (such commitment not to exceed one day for every two dollars of said fine and costs), and shall forfeit possession of any property in question, and each day on which such offense is committed or continues to exist shall be deemed a separate offense. And the United States district attorneys in said Territory are required to see that the provisions of said sections are strictly enforced, and they shall at once proceed to dispossess all persons of such excessive holding of lands and to prosecute them for so unlaw- fully holding the same. Atoka Coal Mining Co. v. Adams, 3 I. T. 192, 53 S. W. 539. Original Curtis Act. 63 Per Capita Payments Direct to Individuals. Sec. 19. That no payment of any moneys on any amount whatever shall hereafter be made by the United States to any of the tribal governments or to any officer thereof for disburse- ment, but payments of all sums to members of said tribes shall be made under direction of the Secretary of the Interior by an officer appointed by him ; and per capita payments shall be made direct to each individual in lawful money of the United States, and the same shall not be liable to the payment of any previously contracted obligation. Dawes Commission — Authority of. Sec. 20. That the commission hereinbefore named shall have authority to employ, with approval of the Secretary of the Interior, all assistance necessary for the prompt and effi- cient performance of all duties herein imposed, including com- petent surveyors to make allotments, and to do any other needed work, and the Secretary of the Interior may detail competent clerks to aid them in the performance of their du- ties. Martin v. U. S., 1G8 Fed. 198. Rolls of Citizenship — Method of Making 1 . Sec. 21. That in making rolls of citizenship of the several tribes, as required by law, the Commission to the Five Civilized Tribes is authorized and directed to take the roll of Cherokee citizens of eighteen hundred and eighty (not including f reed- men) as the only roll intended to be confirmed by this and preceding acts of Congress, and to enroll all persons now liv- ing whose names are found on said roll, and all descendants born since the date of said roll to persons whose names are found thereon ; and all persons who have been enrolled by the tribal authorities who have heretofore made permanent settle- ment in the Cherokee Nation whose parents, by reason of their Cherokee blood, have been lawfully admitted to citizenship by the tribal authorities, and who were minors when their 64 Original Curtis Act. parents were so admitted ; and they shall investigate the right of all other persons whose names are found on any other rolls and omit all such as may have been placed thereon by fraud or without authority of law, enrolling only such as may have lawful right thereto, and their descendants born since such rolls were made, with such intermarried white persons as may be entitled to citizenship under Cherokee laws. It shall make a roll of Cherokee freedmen in strict com- pliance with the decree of the Court of Claims rendered the third day of February, eighteen hundred and ninety-six. Said Commission is authorized and directed to make correct rolls of the citizens by blood of all the other tribes, eliminat- ing from the tribal rolls such names as may have been placed thereon by fraud or without authority of law, enrolling such only as may have lawful right thereto, and their descendants born since such rolls were made, with such intermarried white persons as may be entitled to Choctaw and Chickasaw citizen- ship under the treaties and the laws of said tribes. Said Commission shall have authority to determine the identity of Choctaw Indians claiming rights in the Choctaw lands under article fourteen of the treaty between the United States and the Choctaw Nation concluded September twenty- seventh, eighteen hundred and thirty, and to that end they may administer oaths, examine witnesses, and perform all other acts necessary thereto and make report to the Secretary of the Interior. The roll of Creek freedmen made by J. W. Dunn, under authority of the United States, prior to March fourteenth, eighteen hundred and sixty-seven, .is hereby confirmed, and said Commission is directed to enroll all persons now living whose names are found on said rolls, and all descendants born since the date of said roll to persons whose names are found thereon, with such other persons of African descent as may have been rightfully admitted by the lawful authorities of the Creek Nation. It shall make a correct roll of all Choctaw freedmen enti- tled to citizenship under the treaties and laws of the Choctaw Original Curtis Act. 65 Nation, and all their descendants born to them since the date of the treaty. It shall make a correct roll of Chickasaw freedmen entitled to any rights or benefits under the treaty made in eighteen hundred and sixty-six between the United States and the Choc- taw and Chickasaw tribes and their descendants born to them since the date of said treaty, and forty acres of land, including their present residences and improvements, shall be allotted to each, to be selected, held, and used by them until their rights under said treaty shall be determined in such manner as shall be hereafter provided by Congress. The several tribes may, by agreement, determine the right of persons who for any reason may claim citizenship in two or more tribes, and to allotment of lands and distribution of mon- eys belonging to each tribe ; but if no such agreement be made, then such claimant shall be entitled to such rights in one tribe only, and may elect in which tribe he will take such right ; but if he fail or refuse to make such selection in due time, he shall be enrolled in the tribe with whom he has resided, and there be given such allotment and distributions, and not else- where. No person shall be enrolled who has not heretofore removed to and in good faith settled in the nation in which he claims citizenship : Provided, however, That nothing contained in this act shall be so construed as to militate against any rights or privileges which the Mississippi Choctaws may have under the laws of or the treaties with the United States. Said Commission shall make such rolls descriptive of the persons thereon, so that they may be thereby identified, and it" is authorized to take a census -of each of said tribes, or to adopt any other means by them deemed necessary to enable them to make such rolls. They shall have access to all rolls and records of the several tribes, and the United States court in Indian Territory shall have jurisdiction to compel the offi- cers of the tribal governments and custodians of such rolls and records to deliver same to said Commission, and on their VCT5 66 Original Curtis Act. refusal or failure to do so to punish them as for contempt; as also to require all citizens of said tribes, and persons who should be so enrolled, to appear before said Commission for enrollment, at such times and places as may be fixed by said Commission, and to enforce obedience of all others concerned, so far as the same may be necessary, to enable said Commis- sion to make rolls as herein required, and to punish anyone who may in any manner or by any means obstruct said work. The rolls so made, when approved by the Secretary of the Interior, shall be final, and the persons whose names are found thereon, with their descendants thereafter born to them, with such persons as may intermarry according to tribal laws, shall alone constitute the several tribes which they represent. The members of said Commission shall, in performing all duties required of them by law, have authority to administer oaths, examine witnesses, and send for persons and papers ; and any person who shall wilfully and knowingly make any false affidavit or oath to any material fact or matter before any member of said Commission, or before any other officer authorized to administer oaths, to any affidavit or other paper to be filed or oath taken before said Commission, shall be deemed guilty of perjury, and on conviction thereof shall be punished as for such offense. Dick v. Ross, 6 I. T. 85. 89 S. W. 664. Ikard v. Minter, 4 I. T. 214, 69 S. W. 852. Bruner v. Sanders, 26 Okla. 673, 110 Pac. 730. Hooks v. Kermard, 28 Okla. 457, 114 Pac. 744. Robinson v. Owen, 30 Okla. 484, 119 Pac. 995. Ground v. Dingman, 127 Pac. 1078. Kimberlin v. Commission, 104 Fed. 653. Stephens v. Cherokee Nation, 174 U. S. 444, 43 L. Ed. 1041. Fleming v. McCurtain, 215 U. S. 56, 54 L. Ed. 88. Lowe v. Fisher, 223 U. S. 95, 56 L. Ed. 364. Cherokee Nation v. Whitmire, 223 U. S. 108, 56 L. Ed. 370. Allotments to Members of Another Tribe. Sec. 22. That where members of one tribe, under inter- course laws, usages, or customs, have made homes within the Original Curtis Act. 67 limits and on the lands of another tribe they may retain and take allotment, embracing same under such agreement as may be made between such tribes respecting such settlers ; but if no such agreement be made, the improvements so made shall be appraised, and the value thereof, including all damages incurred by such settler incident to enforced removal, shall be paid to him immediately upon removal, out of any funds belonging to the tribe, or such settler, if he so desire, may make private sale of his improvements to any citizen of the tribe owning the lands: Provided, That he shall not be paid for improve- ments made on lands in excess of that to which he, his wife, and minor children are entitled to under this act. Agricultural Leases — Termination. Sec. 23. That all leases of agricultural or grazing land be- longing to any tribe made after the first day of January, eigh- teen hundred and ninety-eight, by the tribe or any member thereof, shall be absolutely void, and all such grazing leases made prior to said date shall terminate on the first day of April, eighteen hundred and ninety-nine, and all such agricul- tural leases shall terminate on January first, nineteen hundred; but this shall not prevent individuals from leasing their allot- ments when made to them as provided in this act, nor from occupying or renting their proportionate shares of the tribal lands until the allotments herein provided for are made. U. S. v. Lewis, 5 I. T. 1, 7G S. W. 299. Sharrock v. Kreiger, 6 I. T. 466, 98 S. W. 161. Scroggins v. Oliver, 7 I. T. 740, 104 S. W. 1161. Barton v. Hulsey, 4 I. T. 260, 69 S. W. 868. Tribal Payments. Sec. 24. That all moneys paid into the United States treas- ury at Saint Louis, Missouri, under provisions of this act shall be placed to the credit of the tribe to which they belong; and the assistant United States treasurer shall give triplicate re- ceipts therefor to the depositor. 68 Original Curtis Act. Delaware Segregation— Suit by Delaware Indians. Sec. 25. That before any allotment shall be made of lands in the Cherokee Nation, there shall be segregated therefrom by the Commission heretofore mentioned, in separate allot- ments or otherwise, the one hundred and fifty-seven thousand six hundred acres purchased by the Delaware tribe of Indians from the Cherokee Nation under agreement of April eighth, eighteen hundred and sixty-seven, subject to the judicial de- termination of the rights of said descendants and the Cherokee Nation under said agreement. That the Delaware Indians residing in the Cherokee Nation are hereby authorized and empowered to bring suit in the Court of Claims of the United States, within sixty days after the passage of this act, against the Cherokee Nation, for the purpose of determining the rights of said Delaware Indians in and to the lands and funds of said nation under their contract and agreement with the Cherokee Nation dated April eighth, eighteen hundred and sixty-seven ; or the Cherokee Nation may bring a like suit against sai 1 Delaware Indians ; and jurisdiction is conferred on said court to adjudicate and fully determine the same, with right of an- peal to either party to the Supreme Court of the United States. Delaware Indians v. Cherokee Nation, 193 U. S. 130, 48 L. Ed. 646. Termination of Tribal Laws. Sec. 26. That on and after the passage of this act the laws 'of the various tribes or nations of Indians shall not be enforced at law or in equity by the courts of the United States in the Indian Territory. MeAle^ter v. Edgerton, 3 I. T. 711, 64 S. W. 583. Nivens v. Nivens, 4 I. T. 30, 64 S. W. 604. George v. Robb, 4 I. T. 61, 64 S. W. 615. Heliker Jarvis Seminole Co. v. Lincoln. 126 Pac. 723, 33 Okla. 425. Armstrong v. Wood, 195 Fed. 137. Stephens v. Cherokee Nation, 174 U. S. 444, 43 L. Ed. 1041. Location of Indian Inspector in Indian Territory. Sec. 27. That the Secretary of the Interior is authorized to locate one Indian inspector in Indian Territory, who may, Original Curtis Act. 69 under his authority and discretion, perform any duties re- quired of the Secretary of the Interior by law, relating to af- fairs therein. Tribal Courts Abolished. Sec. 28. That on the first day of July, eighteen hundred and ninety-eight, all tribal courts in Indian Territory shall be abolished, and no officer of said courts shall thereafter have any authority whatever to do or perform any act theretofore authorized by any law in connection with said courts, or to receive any pay for same ; and all civil and criminal causes then pending in any such court shall be transferred to the United States Court in said Territory by filing with the clerk of the court the original papers in the suit : Provided, That this section shall not be in force as to the Chickasaw, Choctaw, and Creek tribes or nations until the first day of October, eighteen hundred and ninety-eight. In re PofTs Guardianship, 7 I. T. 59. 103 S. W. 765. Boudinot v. Boudinot, 1 I. T. 107, 48 S. W. 1019. Tynon v. dwell, 3 T. T. 340, 58 S. W. 565. Campbell v. Scott, 3 I. T. 466, 5S S. W. 719. In re Frazee, 3 I. T. 590, 64 S. W. 545. George v. Robb, 4 I. T. 61, 64 S. W. 615. Heliker Jarvis Seminole Co. v. Lincoln, 126 Pac. 723, 33 Okla. 425. Hayes v. Barringer, 104 S. W. 937, 16S Fed. 221. Stephens v. Cherokee Nation, 174 U. S. 444. 43 L. Ed. 1041. Atoka Agreement — Choctaw — Chickasaw Lands — Allotment of — Titles to Lands — Townsites — Coal and Asphalt — Jurisdiction of IT. S. Courts — Railroads. Sec. 29. That the agreement made by the Commission to the Five Civilized Tribes with commissions representing the Choctaw and Chickasaw tribes of Indians on the twenty-third day of April, eighteen hundred and ninety-seven, as herein amended, is hereby ratified and confirmed, and the same shall be of full force and effect if ratified before the first clay of December, eighteen hundred and ninety-eight, by a majority 70 Original Curtis Act. of the whole number of votes cast by the members of said tribes at an election held for that purpose ; and the executives of said tribes are hereby authorized and directed to make pub- lic proclamation that said agreement shall be voted on at the next general election, or at any special election to be called by such executives for the purpose of voting on said agree- ment ; and at the election held for such purpose all male mem- bers of each of said tribes qualified to vote under his tribal laws shall have the right to vote at the election precinct most convenient to his residence, whether the same be within the bounds of his tribe or not : Provided, That no person whose right to citizenship in either of said tribes or nations is now contested in original or appellate proceedings before any United States court shall be permitted to vote at said election: Pro- vided further, That the votes cast in both said tribes or nations shall be forthwith returned duly certified by the precinct offi- cers to the national secretaries of said tribes or nations, and shall be presented by said national secretaries to a board of commissioners consisting of the principal chief and national secretary of the Choctaw Nation, the governor and national secretary of the Chickasaw Nation, and a member of the Com- mission to the Five Civilized Tribes, to be designated by the chairman of said Commission ; and said board shall meet with- out delay at Atoka, in the Indian Territory, and canvass and count said votes and make proclamation of the result; and if said agreement as amended be so ratified, the provisions of this act shall then only apply to said tribes where the same do not conflict with the provisions of said agreement ; but the provisions of said agreement, if so ratified, shall not in any manner affect the provisions of section fourteen of this act, which said amended agreement is as follows : This agreement, by and between the Government of the United States, of the first part, entered into in its behalf by the Commission to the Five Civilized Tribes, Henry L. Dawes, Frank C. Armstrong, Archibald S. McKennon, Thomas B. Cabaniss, and Alexander B. Montgomery, duly appointed and Atoka Agreement. fi authorized thereunto, and the governments of the Choctaw and Chickasaw tribes or nations of Indians in the Indian Territory, respectively, of the second part, entered into in behalf of such Choctaw and Chickasaw governments, duly appointed and au- thorized thereunto, viz., Green McCurtain, J. S. Standley, N. B. Ainsworth, Ben Hampton, Wesley Anderson, Amos Henry, D. C. Garland, and A. S. Williams, in behalf of the Choctaw Tribe or Nation, and R. M. Harris, I. O. Lewis, Holmes Col- bert, P. S. Mosely, M. V. Cheadle, R. L. Murray, William Perry, A. H. Colbert, and R. L. Boyd, in behalf of the Chicka- saw Tribe or Nation. ALLOTMENT OF LANDS. Witnesseth, That in consideration of the mutual undertak- ings, herein contained, it is agreed as follows : That all the lands within the Indian Territory belonging to the Choctaw and Chickasaw Indians shall be allotted to the members of said tribes so as to give to each member of these tribes so far as possible a fair and equal share thereof, con- sidering the character and fertility of the soil and the location and value of the lands. That all the lands set apart for town sites, and the strip of land lying between the city of Fort Smith, Arkansas, and the Arkansas and Poteau rivers, extending up said river to the mouth of Mill Creek ; and six hundred and forty acres each, to include the buildings now occupied by the Jones Academy, Tushkahoma Female Seminary, Wheelock Orphan Seminary, and Armstrong Orphan Academy, and ten acres for the capi- tol building of the Choctaw Nation ; one hundred and sixtv acres each, immediately contiguous to and including the build- ings known as Bloomfield Academy, Lebanon Orphan Home, Harley Institute, Rock Academy, and Collins Institute, and five acres for the capitol building in the Chickasaw Nation, and the use of one acre of land for each church house now erected outside of the towns and eighty acres of land each for J. S. Murrow, H. R. Schermerhorn, and the widow of R. S. 72 Atoka Agreement. Bell, who have been laboring as missionaries in the Choctaw and Chickasaw nations since the year eighteen hundred and sixty-six, with the same conditions and limitations as apply to lands allotted to the members of the Choctaw and Chickasaw nations, and to be located on lands not occupied by a Choctaw or a Chickasaw, and a reasonable amount of land, to be deter- mined by the town-site commission, to include all court-houses and jails and other public buildings not hereinbefore provided for, shall be exempted from division. And all coal and asphalt in or under the lands allotted and reserved from allotment shall be reserved for the sole use of the members of the Choctaw and Chickasaw tribes, exclusive of f reedmen : Provided, That where any coal or asphalt is hereafter opened on land allotted, sold, or reserved, the value of the use of the necessary surface for prospecting or mining, and the damage done to the other lands and improvements, shall be ascertained under the direc- tion of the Secretary of the Interior and paid to the allottee or owner of the land by the lessee or party operating the same, before operations begin. That in order to such equal division, the lands of the Choctaws and Chickasaws shall be graded and appraised so as to give to each member, so far as possible, an equal value of the land: Provided further. That the Com- mission to the Five Civilized Tribes shall make a correct roll of Chickasaw freedmen entitled to any rights or benefits under the treaty made in eighteen hundred and sixty-six between the United States and the Choctaw and Chickasaw trib