F.

Cherokee outlet, when.

Boundaries may be changed. Rights of Indians not impaired.

Sec. 12. District court to have jurisdiction over controversies between Indians and different tribes.

Sec. 28. Public land strip subject to homestead laws, except the right to purchase, etc.

A. Settlement of certain other lands under former rights, Creeks and Seminoles.

B. Such settlers to pay additional fees.

B.

Jurisdiction of the United States court limited to Indian Territory, to extend to civil cases.

M. Jurisdiction of Indian judicial tribunals. Repealed June 28, 1898. Sec. 31.

C. Executions on judgments in other courts than Indian Invalid.

D.

E.

F.

Judgment against adopted citizens, etc.

Constitution and criminal laws of the United States applicable.
Suits between Indians. Repealed June 28, 1898.

B.

C.

Unless conflicting with those of the U. S.

Jurisdiction in criminal cases punishable by death or imprisonment at hard labor.

A. Jurisdiction over controversies between Indians of different tribes. Sec. 37.

A. Marriages by clerks of court.

B. Clerks to be recorder of deeds.

C. Tribal marriages valid. Issue legitimate.

D. Not to be governed by Arkansas laws.

E. To be recorded according to Indian laws.
Sec. 39.

A! U. S. commissioners apponited, and power.
To be notaries, and may solemnize marriage.
Shall be justices of the peace.

B.

C.

D.

E.

F.

G.

Jurisdiction.

Appeals from.

Constables.

Commissioners to give bonds and take oath.

H. Existing appointment of commissioners ratified.

Sec. 42.

Naturalization of Indians. Certain Peoria Indians declared to be citizens. Indian rights not to be forfeited.

An act to provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States Court in the Indian Territory, and for other purposes.

A.-Be It Enacted, Etc., That all that portion of the United States known Be It Enacted, Etc., That all that portion of the United States known as the Indian Territory, except so much of the same as is actually occupied by the Five Civilized Tribes, and the Indian tribes within the Quapaw Indian Agency, and except the unoccupied part of the Cherokee outlet, together with that portion of the United States known as the Public Land strip, is hereby erected into a temporary government by the name of the Territory of Oklahoma.

B.

The portion of the Indian Territory included in said Territory of Oklahoma is bounded by a line drawn as follows: Commencing at a point where the ninety-eighth meridian crosses the Red river, thence by said meridian

to the point where it crosses the Canadian river, thence along said river to the west line of the Seminole country, thence along said line to the north fork of the Canadian river, to the west line of the Creek country, thence along said line to the north line of the Creek country, to the ninety-sixth meridian, thence northward by said meridian to the southern boundary line of Kansas, thence along the said line west to the Arkansas river, thence down said river to the north line of the land occupied by the Ponca tribe of Indians, from which point the line runs so as to include all the lands occupied by the Ponca, Tonkawa, Otoe and Missouria, and the Pawnee tribes of Indians, until it strikes the south line of the nerokee outlet, which it follows westward to the east line of the State of Texas, thence by the boundary line of the state of Texas to the point of beginning.

C.-The Public Land strip, which is included in said Territory of Oklahoma, is bounded by the one-hundredth meridian, south by Texas, west by New Mexico, north by Colorado and Kansas.

D.-Whenever the interest of the Cherokee Indians in the land known as the Cherokee Outlet shall have been extinguished, and the President shall make proclamation thereof, said outlet shall thereupon, and without further legislation, become a part of the Territory of Oklahoma.

E. Any other lands within the Indian Territory not embraced within these boundaries shall hereafter become a part of the Territory of Oklahoma whenever the Indian nation or tribe owning such lands shall signify to the President of the United States in legal manner its assent that such lands shall so become a part of said Territory of Oklahoma, and the President shall thereupon make a proclamation to that effect.

F.-Congress may at any time hereafter change the boundaries of said Territory, or attach any portion of the same to any other state or territory to the United States without the consent of the inhabitants of the territory hereby created; Provided, That nothing in this act shall be construed to impair any right now pertaining to any Indians or Indian tribe in said territory under the laws, agreements and treaties of the United States, or to impair the rights of persons or property pertaining to said Indians, or to affect the authority of the government of the United States to make any regulation or to make any law respecting said Indians, their lands, property, or other rights which it would have been competent to make or enact if this had not been passed.

Sec. 12. That jurisdiction is hereby conferred upon the district courts in the Territory of Oklahoma over all controversies arising between the members or citizens of one tribe or nation of Indians and the members or citizens of other tribes or nations in the Territory of Oklahoma, and any citizen or member of one tribe or nation who may commit any offense or crime in said Territory against the person or property of a citizen or member of another tribe or nation shall be subject to the same punishment in the Territory of Oklahoma as he would be if both parties were citizens of the United States; and any person residing in the Territory of Oklahoma, In whom there is Indian blood, shall have the right to invoke the aid of courts therein for the protection of his person or property. as though he were a citizen of the United States; Provided, That nothing in this act contained shall be so construed as to give jurisdiction to the courts established in said Territory in controversies arising between Indians of the same tribe while sustaining their tribal relations.

Sec. 18. All the lands embraced in that portion of the Territory of Oklahoma heretofore known as the Public Land strip snall be open to settlement under the provisions of the homestead laws of the United States, except section twenty-three hundred and one of the Revised Statutes, which shall not apply; but all actual and bona fide settlers upon and occupants of the lands in said Public Land strip af ne time of the passage of this act shall be entitled to have preference to and hold the lands upon which they have settled under the homestead laws of the United States, by virtue of their settlement and occupancy of said lands,

and they shall be credited with the time they have actually occupied their homesteads, respectively, not exceeding two years, on the time required under said laws to perfect title as homestead settlers.

A. The lands within said Territory of Oklahoma, acquired by cession of the Muskogee (or Creek) Nation of Indians, confirmed by act of Congress approved March first, eighteen hundred and eighty-nine, and also the lands acquired in pursuance of an agreement with the Seminole Nation of Indians by release and conveyance, dated March sixteenth, eighteen hundred and eighty-nine, which may hereafter be open to settlement, shall be disposed of under the provisions of sections twelve, thirteen and fourteen of the "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 ninety, and for other purposes," approved March second, eighteen hundred and eighty-nine, and under section two of an "Act to ratify and confirm an agreement with the Muskogee (or Creek) Nation of Indians in the Indian Territory, and for other purposes," approved March first, eighteen hundred and eighty-nine."

B. Provided, however, That each settler under and in accordance with the provisions of said acts shall, before receiving a patent for this homestead on the land hereafter opened to settlement as aforesaid pay to the United States for the land so taken by him, in addition to the fees provided by law, the sum of One Dollar and Twenty-five Cents per acre.

C.-Whenever any of the other lands within the Territory of Oklahoma now occupied by any Indian Tribe, shall by operation of law or proclamation of the President of the United States, be open to settlement, they shall be disposed of to actual settlers only, under the provision of the homestead law, except section twenty-three hundred and one of the Revised Statutes of the United States, which shall not apply:

D.-Provided, however, That each settler under and in accordance with the provisions of said homestead laws, shall before receiving a patent for his homestead pay to the United States, for the land so taken by him, in addition to the fees provided by law, a sum per acre equal to the amount which has been or may be paid by the United States to obtain a relinquishment of the Indian title or interest therein, but in no case shall such a payment be less than One Dollar and Twenty-five Cents per acre.

E. The rights of honorably discharged soldiers and sanors in the late civil war as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes of the United States, shall not be abridged except as to such payment.

F. All tracts of land in Oklahoma Territory which nave been set apart for school purposes, to educational societies, or missionary boards at work among the Indians, shall not be open for settlement, but are hereby granted to the respective educational societies or missionary boards for whose use the same has been set apart.

G.-No part of the land embraced within the Territory hereby created shall inure to the use of benefit of any railroad corporation, except the rights of way and land for stations heretofore granted to certain railroad corporations. Nor shall any provision of this act or any act of any officer of the United States, done or performed under the provisions of this act or otherwise, invest any corporation owning or operating any railroad in the Indian Territory, or Territory created by this act, with any land or right to any land in either of said territories, and this act shall not apply to or affect any land which, upon any condition on becoming a part of the public domain, would inure to the benefit of or become the property of any railroad corporation.

A.-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 Territory;

B. 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 purposes," 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 thereon by said act, have and exercise within the limits of the Indian Territory jurisdiction in all civil cases in the Indian Territory, except cases over which the tribal courts have exclusive jurisdiction;

C. 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 deemed valid and enforced by such courts, and in all cases over which jurisdiction is conferred by this act or may hereafter be conferred by act of Congress, and the provisions of this act hereinafter set forth shall apply to said Indian Territory only.

A.-Section 30. That for the purpose of holding terms of said court, said Indian Territory is hereby divided into three divisions, to be known as the first, second and third division.

B. The first division shall consist of the country occupied by the Indian tribes in the Quapaw 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 at Muskogee. C.-The second division shall consist of the Choctaw country and the place for holding said court shall be at South McAlester.

D. The third division shall consist of the Chickasaw and Seminole countries, and the place for holding said court therein shall be at Ardmore. E. That the Attorney General of the United States may, if in his judgment it shall be necessary, appoint an assistant attorney for said

court.

F. And the clerk of said court shall appoint a deputy clerk in each of said divisions in which said clerk does not himself reside 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 courts for such division, and in the absence of the clerk may exercise all the official powers of the clerk within the division for which he is appointed;

G.-Provided, That the appointment of such deputies shall be approved by said United States court in the Indian Territory, 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.

H.-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.

I. 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.

J.-All prosecutions for crimes or offenses hereafter committed in said Indian Territory shall be cognizable within the division in which the offense or crime shall have been committed.

K. 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