Sec. 21. That any person aforesaid who shall in the Indian Territory, wilfully and intentionally destroy, injure or obstruct any telegraph or telephone line, or any of the property or materials thereof, shall be deemed guilty of malicious mischief, and on convicition thereof, shall be fined any sum not more than five hundred dollars and imprisoned for any time not more than one year. Sec. 22. That every person aforesaid, who shall, in the Indian Territory, maliciously or contemptously disturb or disquiet any congregation, or private family assembled in any church or other place for religious worship, or persons assembled for the tranaction of church business, by profanely swearing or using indecent gestures, threatening language or committing any violence or any kind to or upon any person so assembled, or by using any language or acting in any manner that is calculated to disgust, insult, or interrupt said congregation, shall upon conviction thereof be sentenced to imprisonment for any time not exceeding sixty days, or to a fine not exceeding one hundred dollars, or both such fine and imprisonment. Sec. 23. That every person aforesaid who shall, in the Indian country, feloniously, wilfully, and with malace aforethought assault any person with intent to rob, and his counselors, aiders, and abettors, shall on conviction thereof, be imprisoned at hard labor for a time not less than one or more than fifteen years. Sec. 24. That every person who shall in the Indian Territory knowingly mark, brand, or alter the mark or brand of any animal the subject of larceny, the property of another, or who shaf knowingly administer any poison to or maliciously expose any poisonous substance with the intent that the same shall be taken, by any of the aforesaid animals, or shall wilfully and maliciously by any means whatsoever kill, main, or wound any of the aforesaid animals shall be deemed guilty of malicious mischief, and on conviction thereof shall be sentenced to imprisonment for a period of not more than six months, or a fine of not more than two hundred dollars, or both such fine and imprionsement; and in case the animals shall have been killed or injured by said malicious mischief, the jury trying the case shall assess the amount of damages which the owner of the animal shall have sustained by reason thereof, and, in addition to the sentence aforesaid, the court shall render judgment in favor of the party injured for threefold the amount of the damages so assessed by the jury, for which said amount execution may issue against the defendant and his property. Sec. 25. That if any person in the Indian country, assault another with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another bodily harm where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant disposition, he shall be adjudged guilty of misdemeanor, and, on conviction shall be fined in any sum not less than fifty nor exceeding one thousand dollars and imprisoned not exceeding one year. Sec. 26. That if any person shall maliciously and wilfully set on fire any woods, marshes, or prairies, in the Indian Territory, with the intent to destroy the fences, improvements, or property of another such person shall be fined in any sum not exceeding five hundred dollars, or be imprisoned not more than six months or both, at the discretion of the court. Sec. 27. That sections five, twenty-three, twenty-four and twenty-five of this act shall not be construed as to apply to offences committed by one Indian upon the person or property of another Indian. Sec. 28. That all laws and parts of laws inconsistent with the provisions of this act be, and the same are hereby repealed. (Mach 1st, 1889.) CREEK AGREEMENT, 1889 SUMMARY. Preamble. Sec. 1 Sec. 2. Consideration in lands for concession and defining boundary line. Consideration in moneys, and how to be paid. Sec. 3. Requiring fifty thousand dollars annually, set aside for education. Sec. 4. Sec. 5. Articles not binding unless approved and ratified. Sec. Sec. Lands acquired by U. S. for the public domain. 3. Appropriation of moneys. Sec. 4. Secretary of U. S. Treasury, authorized to pay Creek Nation. AN ACT TO RATIFY AND CONFIRM AN AGREEMENT WITH THE Whereas, It is provided by section eight of the act of March third, eighteen hundred and eighty-five, entitled "An act making appropriations for the current and contingent expenses of the Indian department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and eighty-six, and for other purposes." "That the President is hereby authorized to open negotiations with the Creeks, Seminoles, and Cherokees for the purpose of opening to settlement under the homestead laws, the unassigned lands in said Indian Territory ceded by them respectively to the United States by several treaties of August eleventh, eighteen hundred and sixty-six, March twenty-first, eighteen hundred and sixty-six and July nineteenth, eighteen hundred and ninety-six, and for that purpose the sum of five thousand dollars, or so much thereof as may be necessary be, and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated; his action hereunder to be reported to Congress." and, Whereas, William S. Vilas, Secretary of the Interior, by and under the discretion of the President of the United States, on the part of the United States, and the Muskogee (or Creek) Nation of Indians, represented by Pleasant Porter, David M. Hodge, and Esparhecher, delegates and representatives thereto duly authorized and empowered by the Principal Chief and aNtional Council of the Muskogee (or Creek) Nation, did, on the nineteenth day of January. Anno Domini eighteen hundred and eighty-nine, enter into and conclude articles of cession and agreement, which said cession and agreement is in words as follows: Articles of cession and agreement made and concluded at the City of Washington on the nineteenth day of January in the year of our Lord eighteen hundred and eighty-nine, by and between the United States of America, represented by William F. Vilas, Secretary of the Interior, by and under the direction of the President of the United States, and the Muskogee (or Creek) Nation of Indians, represented by Pleasant Porter, David M. Hodge, and Esparhecher, delegates and representatives thereunto authorized and empowered by the Principal Chief and National Council of the said Muskogee (or Creek) Nation. Whereas by a treaty of cession made and concluded by and between the said parties on the fourteenth day of June, eighteen hundred and sixtysix, the said Muskogee (or Creek) Nation, in compliance with the desire of the United States to locate other Indians and freedmen thereon, ceded and conveyed to the United Stats, to be sold to and used as homes for such other civilized Indians as the United States might choose to settle thereon, the west half of the their entire domain to be divided by a line running north and south, which should be surveyed as provided in the eighth article of the said treaty; the eastern half of the lands of the said Muskogee (or Creek) Nation to be retained by them as a home: And whereas but a portion of said lands so ceded for such use has been sold to the Indians or assigned to their use, and the United States now desires that all of said ceded lands may be entirely freed from any limitation in respect to the use and enjoyment thereof, and all claims of the said Muskogee (or Creek) Nation to such lands may be surrendered and extinguished as well as all other claims of whatsoever nature to any territory except the aforesaid eastern half of their domain; Now, therefore, these articles of cession and agreement by and between the said contracting parties, witness: 1. That said Muskogee (or Creek) Nation in consideration of the sum of money hereinafter mentioned, hereby absolutely cedes and grants to the United States, without reservation or condition, full and complete title to the entire western half of the domain of the said Muskogee (or Creek) Nation, lying west of the division line surveyed and established under the sald treaty of eighteen hundred and sixty-six, and also grants and releases to the United States all and every claim, estate, right or interest of any and every description, in and to any and all lands and territory whatever, except so much of the said former domain of the Muskogee (or Creek) Nation as lies east of the said line of division, surveyed and established as aforesaid, and is now held and occupied as the home of said nation. 2. In consideration whereof, and of the covenant herein otherwise contained, the United States agree to pay to the said Muskogee (or Creek) Nation the sum of two million two hundred and eighty thousand, eight hundred and fifty-seven dollars and ten cents, whereof two hundred and eighty thousand, eight hundred and fifty-seven dollars and ten cents shall be paid to the National Treasurer of said Muskogee (or Creek) Nation, or to such other persons as shall be duly authorized to receive the same, at such times and in such sums after the due ratification of this agreement (as hereinafter provided), as shall be directed and required by the Ntaional Council of said Nation, and the remaining sum of two million dollars shall be set apart and remain in the treasury of the United States to the credit of the said nation, and shall bear interest at the rate of five per centum per annum from and after the first day of July, 1889, to be paid to the treasurer of said nation and to be judiciously applied under the direction of the legislative council thereof, to the support of their government. the maintenance of schools and educational establishemnts. and such other objects as may be designed to promote the welfare and happiness of the people of the said Msukogee (or Creek) Nation, subject to the discretionary direction of the Congress of the United States: Provided, That the Congress of the United States may at any time pay over to the said Muskogee (or Creek) Nation, the whole, or from time to time, any part of said principal sum, or of any principal sum belonging to said nation held in the terasury of the United States, and thereupon terminate the obligation of the United States in respect thereto and in respect to any further interest upon so much of said principal as shall be so paid and discharged. 3. It is stipulated and agreed that henceforth especial effort shall be made by the Creek Nation to promote education of the youth thereof, and extend their useful knowledge and skill in the arts of civilization; and the said nation agrees that it will devote not less than fifty thousand dollars, annually, of its income, derived hereunder, to the establishment and maintenance of schools and other means calculated to advance the race; and of this annual sum at least ten thousand dollars shall be applied to the education of orphan children of said nation. 4. These articles of said cession and agreement shall be of no force or obligation upon either party until they shall be ratified and confirmed, first, by act of the National Council of said Muskogee (or Creek) Nation, and secondly, by the Congress of the United States, nor unless such ratification shall be on both sides made and completed before the first day of July, Anno Domini eighteen hundred and eighty nine. 5. No treaty or agreement heretofore made and now subsisting is hereby affected, except so far as the provisions hereof supersede and control the same. In testimony where, we, the said William F. Vilas, Secretary of the Interior, on the part of the United States, and the said Pleasant Porter, David M. Hodge and Esparhecher, delegates of the Muskogee (or Creek) Nation, have hereunder set our hands and seals, at the place and on the day first above written, in duplicate. Whereas the Muskogee (or Creek) Nation of Indians has accepted, ratified and confirmed said articles of cession and agreement by act of its National Council, approved by the Principal Chief of said Nation, on the thirty-first day of January, Anno Domini eighteen hundred and eighty-nine, wherein it is provided that the grant and cession of land and territory therein made shall take effect when the same shall be ratified and, confirmed by the Congress of the United States of America; Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That said articles of cession and agreement are hereby accepted, ratified and confirmed. Sec. 2. That the lands acquired by the United States under said agreement shall be a part of the public domain, but they shall only be disposed of in accordance with the laws regulating homestead entries, and to the persons qualified to make such homestead entries, not exceeding one hundred and sixty acres to one qualified claimant. And the provisions of section twenty-three hundred and one of the revised statutes of the United States shall not apply to any lands acquired under said agreement. Any person who may enter upon any part of said lands in said agreement mentioned prior to the time that the same are opened to settlement by act of Congress shall not be permitted to occupy or to make entry of such lands or lay any claim thereto. Sec. 3 That for the purpose of carrying out the terms of said articles of cession and agreement the sum of two million two hundred and eighty thousand eight hundred and fifty-seven dollars and ten cents, to the national treasurer of said Muskogee (or Creek) Nation, is hereby appropriated. Sec. 4. That the Secretary of the Treasury is hereby authorized and directed to pay, out of the appropriation hereby made, the sum of two hundred and eighty thousand eight hundred and fifty-seven dollars and ten cents, to the national treasurer of said Muskogee (or Creek) Nation, or to such person as shall be duly authorized to receive the same, at such time and in such sums as shall be directed and required by the national council of said nation, an dthe Secretary of the Treasury is hereby further authorized and directed to place the remaining sum of two million dollars in the treasury of the United States to the credit of the Muskogee (or Creek) Nation of Indians, to be held for, and as provided for in said articles of cession and agreement, and to bear interest at the rate of five per centum per annum, from and after the first day of July, Anno Domini, eighteen hundred and eighty-nine; said interest to be paid to the treasurer of said nation annually. Approved March 1, 1889. ESTABLISHING A UNITED STATES COURT IN INDIAN TERRITORY, AT PARIS, TEXAS. Civil causes; procedure; conforming Arkansas practice. Proceedings in English. Selection of jurors; oath of jury commissioners. Sec. 2. Sec. 3. Clerk. Sec. 4. Oath of office Sec. 5. Sec. 6. Sec. 7. Terms. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Fees. Alternate jurors. Copy of list; return of marshal; filling vacancies. Criminal trials; jury citizens may be demanded. Su Chickasaw Nation and part of Choctaw attached to Eastern Judicial District of Texas. To be a division of eastern district. Punishment for obstrucing, etc., railroads. Punishment for setting fire to woods, etc. AN ACT TO ESTABLISH A UNITED STATES COURT IN THE INDIAN TERRITORY, AND FOR OTHER PURPOSES. United States court established in Indian Territory-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, |