whose jurisdiction shall extend over the Indian Territory, bounded as follows, to wit:

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 President 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.

Sec. 2. Attorney and Marshal-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 are duly appointed and quilified and they shall discharge the like duties and receive the same fees and salary as now received by the United States attorney 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 a like manner as other deputy United States marshals; 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 laws required in regard to the bonds of other United States marshals.

Sec. 3. Clerk-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 duties, be subject to the same liabilities, and shall receive the same fees and compensations as the clerk of the United States court of the western district of 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.

Sec. 4. Oath of Office.-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 provided by law in like cases.

Sec. 5. Jurisdiction of Court.-That the court hereby established shall have exclusive 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.

Sec. 6. Civil Causes.-That the court hereby established shall have jurisdiction in all civil cases between citizens of the United States who are residents of the Indian Territory, or between citizens 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 the value of the thing in controversy, or damages, or money claimed, shall amount to one hundred dollars or more: Provided, That nothing herein contained shall be so construed as to give the court jurisdiction over controversies between persons of Indian blood only: And, provided further, That all laws having the effect to prevent the Cherokee, Choctaw, Creek, Chickasaws and Seminole Nations, or either of them, from lawfully entering into leases or contracts for mining coal for a period not exceeding ten years, are hereby repealed; and said court shall have jurisdiction over all controversies arising

out of said mining leases or contracts and of all questions of mining rights or invasions thereof, where the amount involved exceeds the sum of one hundred dollars.

Procedure-Conformity with Arkansas Practice.-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 causes 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 notwithstanding; and the plaintiff shall be entitled to like remedies by attachment, or other process against the property of the defendant and for like causes, as now provided by the laws of said state.

Supreme Court to Review, etc., Cases Over $1,000.-The final judgment or decree of the court hereby established, in cases where the value of the matter in dispute, exclusive 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. Sec. 7. Terms. That the 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 necessary 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 of the court hereby created.

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Sec. 8. Proceedings in English.-That all proceedings in said court shall be had in the English language; and bona fide male residents of the Indian Territory, over twenty-one years of age, and understanding English language, sufficiently to comprehend the proceedings 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.

Sec. 9. Selection of Jurors.-That the jurors shall be selected as follows: The court at its regular term shall select three jury commissioners, possessing the qualifications prescribed for jurymen, and who have no suits in court requiring the intervention of a jury; and the same persons shall not act as jury commissioners more than once in the same year. The judge shall administer to each commissioner the following oath:

Oath of Jury Commissioner: "You do swear to discharge faithfully the duties required of you as jury commissioner; that you will not knowingly select any one as juryman whom you believe unfit and not qualified; that you will not make known to any one the name of any juryman selected by you and reported on your list to the court until after the commencement of the next term of this court; that you will not directly or indirectly converse with any one selected by you as a juryman concerning the merits of any cause or procedure to be tried at the next term of this ocurt, so help you God."

Sec. 10. Selection by Commissioners.-That the jury commissioners after they have been appointed and sworn shall retire to a jury room, or some other apartment designated by the judge, and be kept free from the intrusion of any person, and shall not separate without the leave of the court until they have completed the duties required of them; that they shall select from the bona fide male residents of the territory such number of qualified persons as the court shall designate not less than sixty, free from all legal exception, of fair character, and approved integrity, of sound judgment and reasonable information, to serve as petit jurors; shall write the names of such persons on separate pieces of paper, of as near the same size and appearance as may be and fold the same so that the

names thereon may not be seen.

The names so written and folded shall then be deposited in a box, and after they shall be shaken and well mixed, the commissioners shall draw from said box the names of thirty-seven persons, one by one and record the same as drawn, which record shall be certified and signed by the commissioners and indorsed "List of petit jurors."

Sec. 11. Alternate jurors.-That the said commissioners shall then proceed to draw in like manner twelve other names, which shall be recorded in like manner on another paper, which shall be certified and signed by the commissioners, and indorsed "List of alternate petit jurors." The two lists shall be inclosed and sealed so that the contents can not be seen and indorsed "List of petit jurors,' designating for what term of court they are to serve, which endorsement shall be signed by the commissioners and the same shall be delivered to the judge in open court; and the judge shall deliver the lists to the clerk in open court and administer to the clerk and his deputies the following oath:

"You do swear that you will not open the jury lists now delivered to you; that you will not, directly or indirectly, converse with any one selected as a petit juror concerning any suit pending and for trial in this court at the next term, unless by leave of the court, so help you God."

Sec. 12. Copy of Lists.-That within thirty days before the next term, and not before, the clerk shall open the envelopes and make a fair copy of the lists of petit jurors, and give the same to the marshal who shall, at least fifteen days prior to the first day of the next term summon the persons named as petit and alternate petit jurors, to attend on the first day of said term as petit jurors, by giving personal notice to each, or by leaving a written notice at the juror's place of residence with some person over ten years of age and there residing.

Return of Marshal.-That the marshal shall return said lists with a statement in writing of the date and manner in which each juror was summoned; and if any juror or alternate legally summoned shall fail to attend he may be attached and fined or committed as for contempt.

Filling Vacancies.-That if there shall not be a sufficient number of competent petit jurors and alternates present, and not excused, to form a petit jury, the court may compel the attendance of such absentees or order other competent persons to be summoned to complete the juries.

Sec. 13. Selection by Marshal.-That if for any cause the jury commissioners shall not appoint or shall fail to select a petit jury as provided or the panels selected be set aside, or the jury list returned in court shall be lost or destroyed, the court shall order the marshal to summon a petit jury of the number hereinbefore designated, who shall be sworn to perform the duties of petit jurors as if they had been regularly selected; and this provision shall also apply in the formation of petit juries for the first term of court. The want of qualification of any person selected as juror under section ten of this act shall not necessarily operate as a cause of challenge to the whole panel.

Sec. 14. Fees.-That the fees of the jurors and witnesses before said court herein created shall be the same as provided in the district court of the United States for the western district of Arkansas.

Sec. 15. Criminal Trials. Juries of Citizens May Be Demanded.-That in all criminal trials had in said court, in which a jury shall be demanded, and in which the defendant or defendants shall be citizens of the United States, none but citizens of the United States shall be competent jurors.

Sec. 16. Writs and Process.-That the judge of the court herein established shall have the same authority to issue writs of habeas corpus, injunctions, mandamus, and other remedial process, as exists in the circuit court of the United States.

Sec. 17. Chickasaw Nation and Part of Choctaw Attached to Eastern Judicial District of Texas.-That the Chickasaw Nation and the portion of

the Choctaw Nation within the following boundaries, to-wit: Beginning on Red River at the southeast corner of the Choctaw Nation; thence north with the boundary line between the said Choctaw Nation and the State of Arkansas to a point where Big Creek, a tributary of the Black Fork of the Kiamichi River, crosses the said boundary line; thence westerly with Big Creek and the said Black Fork to the junction of said Black Fork with Buffalo Creek; thence northwesterly with said Buffalo Creek to a point where same is crossed by the old military road from Fort Smith Arkansas, to Boggy Depot, in the Choctaw Nation; thence northwesterly up said Creek to where the same is crossed by the Missouri, Kansas and Texas railway track; thence northly up the center of the main track of the said road to the South Canadian River; thence up the center of the main channel of the said river to the western boundary line of the Chickasaw Nation, the same being the northwest corner of the said nation; thence south on the boundary line between the said nation and the reservation of the Wichita Indians; thence continuing south with the boundary line between the said Chickasaw Nation and the reservation of the Kiowa, Comanche and Apacha Indians to Red River; thence down said river to the place of beginning and all that portion of the Indian Territory not annexed to the district of Kansas, by the act approved January sixth, eighteen hundred and eighty-three, and not set apart and occupied by the five civilized tribes, shall, from and after the passage of this act, be annexed to and constitute a part of the eastern judicial district of the State of Texas, for judicial purposes.

Sec. 18. To Be a Division of Eastern District.-That the counties of Lamar, Fannin, Red River and Delta, of the State of Texas, and all that part of the Indian Territory, attached to the said eastern judicial district of the State of Texas by the provisions of this act, shall constitute a division of the eastern judicial district of Texas; and terms of the circuit and district courts of the United States for the said eastern district of the State of Texas, shall be held twice in each year, at the city of Paris, on the third Monday in April and the second Monday in October; and the United States courts herein provided to be held at Paris shall have exclusive original jurisdiction of all offenses committed against the laws of the United States within the limits of that portion of the Indian Territory attached to the eastern judicial district of the State of Texas by the provisions of this act, of which jurisdiction is not given by this act to the court herein established in the Indian Territory; and all civil process issued against persons resident in the said counties of Lamar, Fannin, Red River and Delta, cognizable before the United States courts shall be made returnable to the courts respectively, to be held at the city of Paris, Texas;

And all prosecutions for offenses committed in either of said last mentioned counties shall be tried in the division of said eastern district of which said counties form a part: Provided, That no process issued or prosecution commenced or suit instituted before the passage of this act shall be in any way affected by the provisions thereof.

Sec. 19. Clerk at Paris.-That the judge of the eastern judicial district of the State of Texas, shall appoint a clerk of said court who shall reside at the city of Paris. in the county of Lamar.

Sec. 20. Punishment for Obstructing, etc., Railroads.-That every person who shall in the Indian Territory, wilfull; and maliciously place any obstructions by stones, logs, or any other thing on the tract of any railroad, or shall tear up or remove, burn or destroy any such railroad, or the works thereof, with intent to obstruct the passage of any engine, car, or cars thereon. or to throw them off the track, shall be deemed guilty of malicious mischief and on conviction thereof, shall be sentenced to imprisonment, at hard labor, for any time not more than twenty years.

Provided, That if any passenger, employee, or other person shall be killed, either directly or indirectly, because of said obstruction, tearing