FORT RENO MILITARY RESERVE.

July 17, 1883.

War Department,

To the President:
Sir:

Washington, D. C., July 17, 1883.

Upon recommendation of the post commander, concurred in by the commanding general, department of Missouri, and the lieutenant-general, I have the honor to request the following described tract of land in the Indian Territory, located within the limits of the Cheyenne and Arapaho Indian Reservation, created by executive order, dated August 10, 1869, be duly declared and set apart by the executive as a military reservation for the post of Fort Reno, viz:

Beginning at the northwest corner of section 28, township 13 north, range 8 west of the Indian meridian, and running thence east to North Fork of the Canadian River; thence down this stream to the range line between ranges 7 and 8 west of the Indian meridian; thence south on said range line to the southeast corner of section 36, township 13 north, range 8 west of the Indian meridian; thence east to the northeast corner of township 12 north, range 8 west of the Indian meridian; thence south to the southeast corner of section 12 of said township; thence west to the southwest corner of section 9 of said township; thence north to the northwest corner of section 4 of said township; thence west to the southwest corner of section 33, township 13 north, range 8 west of the Indian meridian; thence north to the point of beginning, containing an area of about 14 5-6 square miles, or 9,593 acres.

A switch showing the proposed reservation is inclosed herewith, and the Interior Department reports that there is no objection on the part of e Indian Office to the setting apart for military purposes exclusivery c the tract of land herein described.

I have the honor to be, sir. with great respect, etc.,

ROBERT L. LINCOLN, Secretary of War.

IOWA RESERVE.

Executive Mansion, August 15, 1883.

It is hereby ordered that the following described tract of country in the Indian Territory, viz: Commencing at a point where the Deep Fork of the Canadian River intersects the west boundary of the Sac and Fox Reservation; thence north along said west boundary to the south bank of the Cimarron River; thence up said Cimarron River to the Indian meridian; thence south along said Indian meridian to the Deep Fork of the Canadian River; thence down said Deep Fork to the place of beginning, be, and the same is, hereby, set apart for the permanent use and occupation of the Iowa and such other Indians as the Secretary of the Interior may see fit to locate thereon. CHESTER A. ARTHUR.

KICKAPOO RESERVE.

Executive Mansion, August 15, 1833.

It is hereby ordered that the following described tract of country in the Indian Territory, viz: Commencing at the southwest corner of the Sac and Fox Reservation; thence along the southwestern boundary of said

Jeep Fork of the Canadian River; thence up said Deep

where it intersects the Indian meridian; thence south chat moružan to the North Fork of the Canadian River; thence e place of beginning, be, and the same hereby is, set rent use and occupation of the Kickapoo Indians. CHESTER A. ARTHUR.

16 A UNITED STATES COURT IN INDIAN TERRITORY. SUMMARY.

Providing for appointment of Judge.

Providing for appointment of court assignee and marshal, etc.

Providing for appointment of clerk.

Providing for bonds.

Defining jurisdiction.

Defining residence.

Sec. 14.

See 15.

Oath administered to jurors.

Summoning jurors.

In case jury list rejected.

Fees jurors and witnesses.

A competent juror. Citizens of the United States.
Sec. 16 Giving judge authority to issue certain writs.
Secs. 17 to 19.

Sec. 20 and 21.

Repeal.

Describing penalties for certain felonies.
Penalties prescribed for distrubing the peace.

Penalties for assault and battery.

Penalties for marking, branding, altering marks and brands domestic animals.

Sec. 22.

Sec. 23.

Sec. 24.

Sec. 24.

When an assault is a misdemeanor.

Sec. 25.

Sec. 27.
Sec. 28.

Penalty for malicious destruction of property.

Sections 5, 23, 24, 25 not to be construed in certain instances.
Repealing clause.

AN ACT TO ESTABLISH A UNITED STATES COURT IN THE INDIAN TERRITORY AND FOR OTHER PURPOSES.

Be It Enacted, etc., That a United States court is hereby established 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 the judges of the United States district courts. Sec. 2.

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 be duly appointed and qualified, 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 like manner as the 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 law required in regard to the bonds of other United States marshals.

Sec. 3. 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 compensation as the clerk of the United States court of the eastern 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 according to law.

Sec. 4. That the judge appointed under the provisions 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 establishd, to be by him recorded in the records of said court.

The clerk, marshal and deputy marshals shall take before the judge of said courts 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 courts as provided by law in like cases.

Sec. 5. That the court hereby established shall have exclusive original 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. 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 when the value of the thing in controversy, or damages or money, claimed shall amount to one hundrea 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, Chickasaw 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.

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 for proceeding existing at the time in like causes in the courts of record in the State of Arkansas, any rule of the 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.

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 or 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 judgment and decrees of a circuit court.

Sec. 7. That 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 courts at such times as the judge may deem expedient; and he may adjourn such special sessions to any other times previous to a regular term; and the marshal shall procure suitable rooms for the use and occupation of the court hereby created.

Sec. 8. 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 the 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. 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 one in the same year. The judge shall administer to each commissioner the following oath:

"You do faithfully 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 pro-. cedure to be tried at the next term of this court. so help you God."

Sec. 10. 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 instrusion of any persons, and shall not separate without leave of the court until they have completed the duties required of them; that they shall selecte from the bona fide male residents of the territory such number of quilified 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 at the next term of court; shall write the names of such persons on a separate piece 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 be then 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. 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 enclosed

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 indorsement 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. 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 alternate 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 jurors 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.

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. That if for any cause the jury commissioners shall not appoint or 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 dtuies 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 nt necessarily operate as cause of challenge to the whole panel

Sec. 14. 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. That in all criminal trials had in said court, in which a jury shall be demanded, and in which the defendants shall be citizens of the United States, none but citizens of the United States shall be competent jurors.

Sec. 16. 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.

(Sections 17 to 19 are repealed, act of March 1, 1895, chapter 145 post, page 74.)

Sec. 20. That every person, who shall in the Indian Territory, wilfully and maliciously place any obstruction, by stones, logs, or any other thing, on the track of any railroad, or shall tear up or remove, burn or destroy any part of 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 pessenger, employee, or other person shall be killed, either directly or indirectly, because of said obstruction, tearing up, removing, burning, or destroying, the person causing the same shall be deemed guilty of murder, and, upon conviction shall be punished accordingly.