Sec. Sec. Sec. Sec. Sec. XVIII. Sec. XIX. Sec. XX. Sec. Sec. XXII. XIV. Townsite commissions. XVI. Excessive holder guilty of misdemeanor. Payments to he made direct to Indians. XXI. Allotments to members of another tribe. Sec. XXIII. Directing payment of moneys. Sec. XXIV. Appropriation. Sec. XXV. Laws of tribes not to be enforced. Sec. XXVI. Indian inspector located in Indian territory. Sec. XXVII. Tribal courts abolished. Sec. XVII. Sec. XX. Sec. XXI. Jurisdiction conferred upon United States courts. Per capita payments. Controversies with other tribes. Choctaws and Chickasaws become citizens of the U. S. XXII. Orphan land in Mississippi AN ACT FOR THE PROTECTION OF THE PEOPLE OF THE INDIAN TERRITORY AND FOR OTHER PURPOSES. Sec. 1. Certain Crimes to Be Punished.-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, embracery, the word "Officer" when the same appears in the criminal laws heretofore extended over and put in force in said Territory shall include all officers of the several tribes or nations of Indians in said Territory. Sec. 2. Authorizing, Making Nations Parties to Suits.-That when in the progress of any civil suit either by 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 required to make said tribe a party to said suit by service upon the chief or governor of the tribe, and the suit shall thereafter be conducted and determined as if said tribe had been an original party to said action. Sec. 3. Jurisdiction Where Tribal Membership Denied.-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 continues 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 Commission 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 said possession to be removed from the same and cause the lands and tenements to be restored to the person or persons or nation or tribe of Indians entitled to the possession of the same: Provided always, That any person being a non-citizen in possession of lands, holding the possession thereof under an agreement, lease, or improvements contract with either of said nations or tribes, or any citizen thereof, executed prior to January first, eighteen hundred and ninety-eight, may, as to lands not exceeding in amount one hundred and sixty acres, in defense 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 improvements thereon, and that he has not enjoyed the possession thereof a sufficient length of time to compensate him for such improvements. Thereupon the court or jury trying said cause shall determine the fair and reasonable value of such improvements and the fair and reasonable 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 persons should be charged the court, in its judgment, shall specify such time as will, in the opinion of the court, compenstate such person for the balance due, and award him pussession 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 execution may issue. Sec. 4 Authorizing Sale of Improvements Where Citizenship Denied.That all persons who have heretofore made improvements 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 possession thereof unto 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 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 Cherokee Nation under the agreement with the United States approved by Congress March third, eighteen hundred and ninety-three. Sc. 5. Making Tribe Party to Suit. 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 can not 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. 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 complaint, 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 person bringing said suit or the tribe, by one whose membership is denied by it; Provide 1, That if the chief or governor of the tribe refuse or fail to bring suit in behalf of the tribe, then any member of the tribe may make complaint and bring said suit. Sec. 6. Regulating Continuances.-That the court in granting a continuance of any case, particularly under section three, may in its discretion, require the party applying therefor or give an undertaking to the adverse party, with good and sufficient securities, to be approved by the judge of the court, conditioned for the payment of all damages and costs and defraying the rent which may accrue if judgment be rendered against him. Sec. 7. Restitution-Judgments for.-That when a judgment for restitution shall be entered 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 possession of the same. The writ shall also command the said officer to levy upon the property of the defendant or defendants 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. Sec. 8. Police Jurisdiction Conferred.-That the jurisdiction of the court and municipal authority of the City of Fort Smith, for police purposes in the State of Arkansas is hereby extended over all the strip of lands in the Indian Territory lying and being situated 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 ordinances 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. Sec. 9.-Limitation on Right to Bring Certain Action-That all ac.ions for restitution of possession of real property under this act must be commenced by the service 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 possession committed since the passage of this act must be commenced 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 ninety. (Twenty-sixth United States Statutes, page ninety-five.) Sec. 10. Allotments-When.-That when the roll of citizenship of any one of said nations or tribes is fully completed as provided by law, and the surveys of the lands of said nation or tribe is also completed, the commission heretofore appointed under acts of Congress and known as the "Daes 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 among the citizens thereof, as shown by said will, giving to each, so far as possible, his fair and equal share thereof, considering the nature and fertility of the soil, location, and value of same; but all oil, coal, asphalt, and mineral value of 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 townsites shall also be reserved to the several tribes, and shall be set apart by the commission heretofore mentioned as incapable of allotment. There also shall be reserved from allotment a sufficient amount of lands now occupied by churches, schools, parsonages charitable institutions, 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 of each church, and such 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 herein contained shall in any way affect any vested legal rights which may have been heretofore granted by act of Congress. Provided 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 ceclared to be not entitled to any allotment, he shall be ousted and ejected from said lands; that all persons known as intruders who have been paid for their improvements under existing laws and have not surrendered possession thereof, who may be found under the provisions of this act to be entitled to citizenship shall, within ninety days thereafter. refund the amount so paid to them, with six per cent interest, to the tribe entitled thereto; and upon their failing to do so said amount shall become a lien upon all improvements owned by such person in such Territory, and may be enforced by such tribe; and unless such person makes restitution no allments shall be made to him; Provided further, That the lands alloted 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 nor.taxable while so held; Provided further, That all towns and cities heretofore incorporated or incorporated under the provisions of this act are hereby authorized to secure by condemnation or otherwise, all the lands actually necessary for public improvement, regardless of tribal lines; and when the same can not be secured, otherwise, than by condemnation, then the same may be acquired as provided in sections nine nundred and seven and nine hundred and twelve, inclusive, of Manseld's Digest of ine Statues of Arkansas. Sec. 11. Allotment Records.-That when report of allotments of lands of any tribe shall be made to the Secretary of the Interior, as hereinbefore provided, he shall make a record thereof, and when he shall confirm such allotments the allotees shall remain in peaceable and undisturbed possession thereof, subject to the provisions of this act. Sec. 12. Coal, Oil and Asphalt Lands.-That the Secretary of the Interior is hereby authorized 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 shall be made by the Secretary of the Interior; and any lease for any such minerals 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. Leases 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 royalty when each said mine is developed and operated and its production is in excess of such guaranteed annual advance payments; and all leases must pay said annual advanced payments on each claim, whether developed or not; and should any lessee neglect or refuse to pay such advanced annual royalty for the period of sixty days after the same becomes due and payable on any lease, the lease on which default is made shall become null and void, and the royalties paid in advance shall then become and be the money and property of the tribe. Where any oil, coal, asphalt, or other mineral is hereafter opened on land alllotted, sold, or reserved, the value of the use of the necessary surface for prospecting or mining, and the damage done to the other land and improvements, shall be ascertained under the direction 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; Provided, That nothing herein contained shall impair the rights of any holder or owner of a leasehold interest in any oil, coal, asphalt, or mineral which have been assented to by Congress, but all such interest shall continue 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 advance 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 Interior, and preference shall be given to such parties in renewals of such leases: And provided further, That when under 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 deposits, and possession has been taken thereunder |