seats and time

as may be prescribed by law, and each judge after assignment shall reside in the district to which he is assigned.

Supreme court The supreme court shall define said judicial districts, and shall fix to define districts the times and places at each county seat in each district where the and fix county district court shall be held and designate the judge who shall preside of holding courts. therein. And the territory not embraced in organized counties shall be attached for judicial purposes to such organized county or counties as the supreme court may determine.

Courts to appoint their own clerks,

&c.

Appeals from district courts.

Jury.

Appeals from supreme court to U. S. Supreme Court. 1891, Mar. 3, ch. 517, § 15, post, p.

905.

Jurisdiction of district courts.

as to portion of Cherokee Outlet.

Jurisdiction of

courts in States

R. S., § 533. 1883, Jan. 6, ch. 13, ante. p. 389.

The supreme court of said Territory shall appoint its own clerk, who shall hold his office at the pleasure of the court for which he is appointed. Each district court shall appoint its clerk, who shall also be the register in chancery, and shall keep his office where the court may be held.

Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court under such regulations as may be prescribed by law, but in no case removed to the supreme court shall trial by jury be allowed in said court.

Writs of error and appeals from the final decisions of said supreme court shall be allowed and may be taken 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, where the value of the property or the amount in controversy, to be ascertained by oath or affirmation of either party or other competent witness, shall exceed five thousand dollars; (2)

And each of the said district courts shall have and exercise, exclusive of any court heretofore established, the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the circuit and district courts of the United States.

In addition to the jurisdiction otherwise conferred by this act, said district courts shall have and exercise exclusive original jurisdiction over all offenses against the laws of the United States committed within that portion of the Cherokee Outlet not embraced within the boundaries of said Territory of Oklahoma as herein defined, and in all civil cases between citizens of the United States residing in such portion of the Cherokee Outlet, or between citizens of the United States, or of any State or Territory, and any citizen of or person or persons residing or found therein, when the value of the thing in controversy or damages or money claimed shall exceed one hundred dollars; writs of error, bills of exceptions, and appeals shall in all such cases, civil and criminal, be allowed from the district courts to the supreme court in like manner, and be proceeded with in like manner as in cases arising within the limits of said Territory.

For all judicial purposes as herein defined such portion of the Cherokee Outlet not embraced within the boundaries of the Territory of Oklahoma shall be attached to, and be a part of, one of the judicial districts of said Territory as may be designated by the supreme court.

All acts and parts of acts heretofore enacted, conferring jurisdicUnited States tion upon United States courts held beyond and outside the limits transferred, &c. of the Territory of Oklahoma as herein defined, as to all causes of action or offenses in said Territory, and in that portion of the Cherokee Outlet herein before referred to, are hereby repealed, and such jurisdiction is hereby given to the supreme and district courts in said Territory; but all actions commenced in such courts, and crimes committed in said Territory and in the Cherokee Outlet, prior to the passage of this act, shall be tried and prosecuted, and proceeded with until finally disposed of, in the courts now having jurisdiction thereof, as if this act had not been passed.

1889, Mar. 1, ch.

333, § 17, ante, p. 674.

NOTE. (2) In accordance with the provisions of 1891, March 3, ch. 517, § 15, post, p. 905, Oklahoma hes been assigned to the Eighth Judicial Circuit, 139 U. S. 707.

writs of error.

The said supreme and district courts of said Territory, and the Mandamus, harespective judges thereof, shall and may grant writs of mandamus beas corpus, and and habeas corpus in all cases authorized by law; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said Constitution and laws; and writs of error and appeals in all such cases shall be made to the supreme court of said Territory, as in other cases.

SEC. 10. Persons charged with any offense or crime in the Territory of Oklahoma, and for whose arrest a warrant has been issued, may be arrested by the United States marshal or any of his depu ties, wherever found in said Territory, but in all cases the accused shall be taken, for preliminary examination, before a United States commissioner, or a justice of the peace of the county, whose offico is nearest to the place where the offense or crime was committed.

Crimes and offenses: arrests, &c.

Prosecutions

All offenses committed in said Territory, if committed within any organized county, shall be prosecuted and tried within said county, and trials. and if committed within territory not embraced in any organized county, shall be prosecuted and tried in the county to which such territory shall be attached for judicial purposes.

And all civil actions shall be instituted in the county in which the defendant, or either of them, resides or may be found; and when such actions arise within any portion of said Territory, not organized as a county, such actions shall be instituted in the county to which such territory is attached for judicial purposes; but any case, civil or criminal, may be removed, by change of venue, to another county.

Civil suits.

SEC. 11. That the following chapters and provisions of the Com- What laws of piled Laws of the State of Nebraska, in force November first, eight- Nebraska extend een hundred and eighty-nine, in so far as they are locally applica- to Oklahoma. ble, and not in conflict with the laws of the United States or with

this act, are hereby extended to and put in force in the Territory of Oklahoma until after the adjournment of the first session of the legislative assembly of said Territory, namely:

The provisions of articles two, three, and four of chapter two, entitled "Agriculture;"

Of chapter four, entitled "Animals;"

Of chapter six, entitled "Assignments;"

Of chapter seven, entitled "Attorneys;"

Of chapter ten, entitled "Bonds and oaths-official;"

Of chapter twelve, entitled "Chattel mortgages;'

Of chapter fourteen, entitled "Cities of the second class and villages;"

Of chapter fifteen, entitled "Common law;"

Of chapter sixteen, entitled "Corporation;"

Of chapter eighteen, entitled "Countys and county officers;"

Of sections fifteen and sixteen of article six of the constitution of

said State, and

Of chapter twenty of said laws, entitled "Courts-probate;"

Of chapter twenty-three, entitled "Decedents;"

Of chapter twenty-four, entitled "Deputies;"

Of chapter twenty-five, entitled "Divorce and alimony;"

Of chapter twenty-six, entitled "Elections;"

Of chapter twenty-eight, entitled "Fees;"

Of chapter thirty-two, entitled "Frauds;"

Of chapter thirty-four, entitled "Guardians and wards;"

Of chapter thirty-six, entitled "Homesteads;"

Of chapter forty-one, entitled "Instruments negotiable;"

Of chapter forty-four, entitled "Interests;"

Of chapter forty-six; entitled "Jails;"

Of chapter fifty, entitled" Liquors;" but no licenses shall be issued

under this chapter;

Of chapter fifty-two, entitled “Marriage;"

Election pre

Of chapter fifty-three, entitled "Married women;"

Of chapter fifty-four, entitled "Mechanics' and laborers' liens;"
Of chapter sixty-one, entitled "Notaries public;"

Of chapter sixty-two, entitled "Oaths and affirmations;"

Of chapter sixty-three, entitled "Occupying claimants;"

Of article one of chapter seventy-two, entitled "Railroads;"
Of chapter seventy-three, entitled "Real estate;"

And the provisions of part two of said laws, entitled "Code of civil procedure,'

And of part three thereof, entitled "Criminal code."

The governor of said Territory is authorized to divide each county cincts and officers. into election precincts and into such political sub-divisions other than school districts as may be required by the laws of the State of Nebraska; and he is hereby authorized to appoint all officers of such counties and subdivisions thereof as he shall deem necessary, and all election officers until their election or appointment shall be provided for by the legislative assembly, but not more than two of the judges or inspectors of election in any election precinct shall be members of the same political party, and the candidates of each political party who may be voted for at such election may designate one person who shall be present at the counting and canvassing of the votes cast in each precinct.

Jurisdiction to enforce certain laws.

-of county courts and justices.

-limit of.

District court to

between Indians

The supreme and district courts of said Territory shall have the same power to enforce the laws of the State of Nebraska hereby extended to and put in force in said Territory as courts of like jurisdiction have in said State:

But county courts and justices of the peace shall have and exercise the jurisdiction which is authorized by said laws of Nebraska:

Provided, That the jurisdiction of justices of the peace in said Territory shall not exceed the sum of one hundred dollars, and county courts shall have jurisdiction in all cases where the sum or matter in demand exceeds the sum of one hundred dollars.

SEC. 12. That jurisdiction is hereby conferred upon the district have jurisdiction courts in the Territory of Oklahoma over all controversies arising over controversies between members or citizens of one tribe or nation of Indians and of different tribes. the members or citizens of other tribes or nations in the Territory of 1889, March 1, Oklahoma, and any citizen or member of one tribe or nation who ch. 333, note, ante, may commit any offense or crime in said Territory against the perp. 670.

Attorney for
United States.
R. S., § 770.

Marshal.
R. S., § 787.

son 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. 13. That there shall be appointed for said Territory a person learned in the law, who shall act as attorney for the United States, and shall continue in office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. Said attorney shall receive a salary at the rate of two hundred and fifty dollars annually.

There shall be appointed a marshal for said Territory, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the President, and who shall execute all process issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall have the power and perform the duties and be subject to the same regulations and penalties imposed by law on the marshal of

the United States, and be entitled to a salary at the rate of two hun

dred dollars a year.

Fees of officers

There shall be allowed to the attorney, marshal, clerks of the supreme and district courts the same fees as are prescribed for similar of courts. services by such persons in chapter sixteen, title Judiciary, of the Revised Statutes of the United States.

R. S.,§§ 823-857.

Governor

SEC. 14. That the governor, secretary, chief-justice, and associate justices, attorney, and marshal shall be nominated and, by and with judges, &c., how the advice and consent of the Senate, appointed by the President of appointed. the United States.

The governor and Secretary to be appointed as aforesaid shall, be--how qualified. fore they act as such, respectively take an oath or affirmation before the district judge, or some justice of the peace, or other officer in the limits of said Territory duly authorized to administer oaths and affirmations by the laws now in force therein, or before the ChiefJustice or some associated justice of the Supreme Court of the United States, to support the Constitution of the United States and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the secretary among the executive proceedings, and the chief-justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the Territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be recorded by him as aforesaid, and afterwards the like oath or affirmation shall be taken, certified, and recorded in such manner and form as may be prescribed by law.

The governor shall receive an annual salary of two thousand six hundred dollars as governor; the chief-justice and associate justices shall receive an annual salary of three thousand dollars, and the Secretary shall receive an annual salary of one thousand eight hundred dollars. The said salaries shall be payable quarter-yearly at the Treasury of the United States.

Salaries.

Pay of members of legislature.

The members of the legislative assembly shall be entitled to receive four dollars each per day during their attendance at the sessions, and four dollars for each and every twenty miles traveled in going to and returning from said sessions, estimating the distance by the nearest traveled route. There shall be appropriated annually the sum of one thousand Contingent exdollars, to be expended by the governor to defray the contingent expenses of the Territory.

There shall also be appropriated annually a sufficient sum, to be expended by the secretary, and upon an estimate to be made by the Secretary of the Treasury of the United Statet, to defray the expenses of the legislative assembly, of the courts, of the printing of the laws, and other incidental expenses; and the secretary of the Territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended.

penses.

Expenses of legislative assembly,

&c.

SEC. 15. That the legislative assembly of the Territory of Okla- Time of first homa shall hold its first session at Guthrie, in said Territory, at such session of legislatime as the governor thereof shall appoint and direct;

ture.

Seat of govern

And at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to ment. locate and establish the seat of government of said Territory at such place as they may deem eligible, which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.

Delegate to Congress.

R. S., § 1861.

-election of.

National banks subject to general

laws.

R. S., §§51335243.

SEC. 16. That a Delegate to the House of Representatives of the United States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the Delegates from the several other Territories of the United States in the said House of Representatives.

The first election shall be held at such time and place, and be conducted in such manner as the governor shall appoint and direct, after at least sixty days' notice, to be given by proclamation, and at all subsequent elections the time, place, and manner of holding elections shall be prescribed by law. The person having the greatest number of votes of the qualified electors, as herein before provided, shall be declared by the governor elected, and a certificate thereof shall be accordingly given.

SEC. 17. That the provisions of title sixty-two of the Revised Statutes of the United States relating to national banks, and all amendments thereto, shall have the same force and effect in the Territory of Oklahoma as elsewhere in the United States :

1882, July 12, ch. 290, and note (2), ante, p. 354. -directors need not be residents. R. S., § 5146. Sections 16 and

36 reserved for schools.

R. .S, § 1946.

1891, March 3, ch. 543, § 18, 38, post, pp. 929, 930.

Other lands to

served sections.

Provided, That persons otherwise qualified to act as directors shall not be required to have resided in said Territory for more than three months immediately preceding their election as such.

SEC. 18. That sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to public schools in the State or States hereafter to be erected out of the same.

In all cases where sections sixteen and thirty-six, or either of them, settlers on re- are occupied by actual settlers prior to survey thereof, the county commissioners of the counties in which such sections are so occupied are authorized to locate other lands, to an equal amount, in sections or fractional sections, as the case may be, within their respective counties, in lieu of the sections so occupied.

Public Land Strip.

Subject to homestead laws,

except the right to purchase, &c. R. S., § 2301. 1891, Feb. 28, ch. 384, post, p. 898.

Settlement, &c.,

mer acts.

Seminoles.

All the lands embraced in that portion of the Territory of Oklahoma heretofore known as the Public Land Strip, shall 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 at the 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.

The lands within said Territory of Oklahoma, acquired by cession of certain other of the Muscogee (or Creek) Nation of Indians, confirmed by act of lands under for Congress approved March first, eighteen hundred and eighty-nine, Creeks and and also the lands acquired in pursuance of an agreement with the Seminole Nation of Indians by re-lease and conveyance, dated March 1889, Mar. 1, ch. sixteenth, eighteen hundred and eighty-nine, which may hereafter 317 (25 Stat. L, be open to settlement, shall be disposed of under the provisions of 1889, Mar. 2, ch. sections twelve, thirteen, and fourteen of the "Act making appro412, § 12-14 (25 priations for the current and contingent expenses of the Indian DeStat. L., 1004).

757).

partment, 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 Muscogee (or Creek) Nation of