Territory; and the jurisdiction to enforce said provisions is hereby conferred upon the United States court in the Indian Territory: Provided, That in all cases where the laws of the United States and the said criminal laws of Arkansas have provided for the punishment of the same offenses the laws of the United States shall govern as to said offenses, except for the crime of larceny, the punishment for which shall be that prescribed by the laws of the State of Arkansas, any law in force in said Indian Territory to the contrary notwithstanding. The original jurisdiction of such commissioners as justices of the peace in civil cases shall, in all those classes of cases where jurisdiction is by this act conferred upon the United States court in the Indian Territory, be exclusive where the amount or value of the demand or of the property or thing in controversy does not exceed one hundred dollars. That said commissioners, acting as justices of the peace in criminal cases, shall have jurisdiction to hold preliminary examinations and discharge, hold to bail, or commit in cases of offenses which, under the laws applicable to the Territory, amount to felonies. Appeals may be taken to the United States court in the Indian Territory, in said districts, respectively, from the final judgment of said commissioners, acting as justices of the peace, in all cases; and sucn appeals shall be taken in the manner that appeals may be taken from the final judgments of the justices of the peace under the provisions of said chapter ninety-one in civil cases and chapter forty-six in criminal cases of the laws of Arkansas: Provided, That no appeal shall be allowed in civil cases where the amount of the judgment, exclusive of cost, does not exceed twenty dollars. Each of said commissioners in said territory shall receive a salary of one thousand five hundred dollars per annum, and all fees collected by him shall be paid over to the clerk of the district. Sec. 5 That the judge in each district may appoint a constable for each of said commissioners' districts so designated by the court, which appointments shall be in writing and spread upon the records of one of the courts in said district, and the constable so appointed shall perform all the duties required of constables by the laws of the State of Arkansas, chapter twenty-four of Mansfield's Digest. Each of said constables shall receive a salary of six hundred dollars per annum. Each of said commissioners and constables shall keep a careful account of all fees, fines, and costs collected by him, and shall settle with and pay the same to the clerk of the district at the end of every quarter, who shall pay the same into the treasury of the United States. Said commissioners and constables before entering upon the discharge of their duties, shall execute to the United States, for the security of the public, a good and sufficient bond in the sum of two thousand dollars, to be approved by the judge appointing him, conditioned that he will faithfully discharge the duties of his office and account for all moneys coming into his hands; and he shall take an oath to support the constitution of the United States and to faithfully perform the duties required of him, which bond and oath shall be filed with the clerk in the district for which the appointment is made. Sec. 6. That jurors for each term of said court in each district shall be selected and summoned in the manner provided by the statute laws of the State of Arkansas now in force in said Territory. Sec. 7. That all prosecutions for crimes or offenses of which the United States court in the Indian Territory shall have jurisdiction, shall be had within the district in which said offense shall have been committed, and in the court nearest or most convenient to the locality where it is committed, to be determined by the judge on motion to transfer the trial of the case from one court to another. All civil suits shall be brought in the district in which the defendant or defendants reside or may be found; but if there are two or more defendants residing in different districts the action may be brought in any district in which either of the defendants may reside or be found; and if a resident, in the court nearest his residence. All cases shall be tried in the court to which the process is returnable, unless a change of venue is allowed, in which case the court shall change the venue to the nearest place of holding court within the district, and any civil cause may be removed to another district for trial if the court shall so order, on the application of either party. Sec. 8. That any person, whether an Indian or otherwise, who shall in said territory manufacture, sell, give away, or in any manner, or by any means furnish to any one, either for himself or another, any vinous, malt, or fermented liquors, or any other intoxicating drinks of any kind whatsoever, whether medicated or not, or who shall carry, or in any manner have carried, into said Territory any such liquors or drinks, or who shall be interested in such manufacture, sale, giving away, furnishing to any one, or carrying into said Territory any of such liquors or drinks, shall upon conviction thereof, be punished by fine not exceeding five hundred dollars and by imprisonment for not less than one month nor more than five years. Sec. 9. That the United States court in the Indian Territory shall have exclusive original jurisdiction of all offenses committed in said Territory, of which the United States court in the Indian Territory now has jurisdiction, and after the first day of September, eighteen hundred and ninety-six, shall have exclusive original jurisdiction of all offenses against the laws of the United States, committed in said Territory, except such cases as the United States court at Paris, Texas, Forth Smith, Arkansas, and Fort Scott, Kansas, shall have acquired jurisdiction of before that time; and shall have original jurisdiction of civil cases as is now vested in the United States court in the Indian Territory, and appellate jurisdiction of all cases tried before said commissioners acting as justices of the peace, where the amount of the judgment exceeds twenty dollars. All laws heretofore enacted conferrng jurisdiction upon United States courts held in Arkansas, Kansas, and Texas, outside of the limits of the Indian Territory, as defined by law, as to offenses committed in the Indian Territory, as herein provided, are hereby repealed, to take effect on September first, eighteen hundred and ninety-six; and the jurisdiction now conferred by law upon said courts is hereby given from and after the date aforesaid to the United States court in Indian Territory: Provided, That in all criminal cases where said courts outside of the Indian Territory, shall have, on September first, eighteen hundred and ninety-six acquired jurisdiction, they shall retain jurisdiction; to try and finally dispose of such cases. Every case, civil or criminal, pending in the United States court in the Indian Territory, shall be tried and disposed of by the court where the same is pending, unless the venue therein be changed, as herein provided. Sec. 10. That it shall be the duties of the marshals appointed under this act to provide, under the direction and with the approval of the judge of the district, suitable buildings and rooms for holding said courts in their respective districts. They shall also procure suitable offices for the clerks and marshals. Any contract for these purposes shall be approved by the judge only after personal inspection of the premises leased, and any contract for a period longer than six months shall be reported to the Attorney General for his approval. Said marshals shall also provide suitable prisons in each district at the places of holding said court for the confinement and safe keeping of all prisoners committed by said court and the commissioners appointed under this act, and all other prisoners in legal custody. Sec. 11. That the judges of said court shall constitute a court of appeals, to be presided over by the judge oldest in commission as chief justice of said court; and said court shall have such jurisdiction and powers in said Indian Territory and such general superintending control over the courts thereof as is conferred upon the supreme cout of Arkansas over the courts thereof by the laws of said state, as provided by chapter forty of Mansfield's Digest of the Laws of Arkansas, and the provisions of said charter, so far as they relate to the jurisdiction and powers of said supreme court of Arkansas as to appeals and writs of error, and as to the trial and decision of causes, so far as they are applicable, shall be, and they are hereby extended over and put force in the Indian Territory; and appeals and writs of error from said court in said districts to said appellate court, in criminal cases, shall be prosecuted under the provisions of said chapter, so far as they relate to the jurisdiction and put in force in Indian Territory. But no one of said judges shall sit in said appellate court in the determination of any cause in which an appeal is prosecuted from the decision of any court over which he presided. In case of said presiding judge being absent the judge next oldest in commission shall preside over said appellate court, and in such case two of said judges shall constitute a quorum. In all cases where the court is equally divided in opinion the judgment of the court below shall stand affirmed. Writs of error and appeals from the final decision of said appellate courts shall be allowed and may be taken to the circuit court of appeals for the Eighth judicial circuit in the same manner and under the same regulations as appeals are taken from the circuit courts of the United States. Said appellate court shall appoint its own clerk, who shall hold his office at the pleasure of said court, and who shall receive a salary of one thousand two hundred dollars per annum. The marshal of the district wherein such appellate court shall be held shall be marshal of said court. Said appellate court shall be held at South McAlester, in the Choctaw Nation, and it shall hold two terms in each year, at such times and for such periods as may be fixed by the court. Sec. 12. That there shall be allowed to said attorneys, marshals and clerks of the court of appeals and district courts the same fees as are allowed to like officials in chaper sixteen, title Judiciary of the Revised Statutes of the United States, and as are allowed in Chapter sixty-three of the Laws of Arkansas, in all cases where such fees or taxed costs are paid by individuals or corporations, and they shall each keep careful account of all such fees collected by him, and account to the clerk of the court of appeals for all of the same in excess of their respective salaries, making settlement therefor with the said clerk at the end of each quarter of the fiscal year. And the said clerk of the court of appeals shall at the end of each quarter pay the moneys or fees so received by him to the assistant treasurer of the United States in Saint Louis, Missouri. Sec. 13. That none of the provisions of any other acts, or of any of the laws of the United States, or of the State of Arkansas, heretofore put in force in said Indian Territory, except so far as they come in conflict with the provisions of this act, are intended to be repealed, or in any manner affected by this act, but all such acts and laws are to remain in full forec and effect in said Territory. AN ACT TO CHANGE THE BOUNDARIES BETWEEN THE SOUTHERN CENTRAL JUDICIAL DISTRICTS OF THE INDIAN TERRITORY. March 1, 1895. BE IT ENACTED, Etc., That all that portion of the Chickasaw Nation east of the Washita River, from the junction of Island Bayou and the Red River, up the Red River to the mouth of Butcherpen Creek, and north up said Butcherpen Creek to the township line between townships four and five south, in range seven east, thence along said township line to the boundary line between the Choctaw and Chickasaw Nations, in range eight east, shall be added to the central judicial district of the Indian Territory. Sec. 2. That the United States court for the central judicial district of the Indian Territory shall have jurisdiction over all cases, civil and criminal, arising within the said described boundaries after the passage of this Act. Sec. 3. That the judge of the United States Court in the Indian Territory presiding in the central judicial district thereof is hereby authorized and empowered to appoint an additional United States Commissioner within said district, who shall be permanently located at Durant, in the Choctaw Nation, and to prescribe by metes and bounds the portion of the district for which such commissioner is appointed. March 1, 1895. Art. IV. Art. V. Art. VI. Art. VII. Allotment in severalty-Title in trust for 25 years. Congress to arbitrate after further payment of moneys. Certain reservations for land occupied by religious societies. WICHITA AGREEMENT. Articles of agreement made and entered into at Anadarko, in the Indian d'erritory, on the 4th day of June, A. D. 1891, by and between David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, Commissioners on the part of the United States, and the Wichita and affiliated bands of Indians in the Indian Territory. ARTICLE I. "The said Wichita and affiliated bands of Indians in the Indian Territory hereby cede, convey, relinquish, forever and absolutely, without any reservation whatever, all their claim, title and interest of every kind and character in and to the lands embraced in the following described tract of country in the Indian Territory, to-wit: Commencing at a point in the middle of the main channel of the Washita River, where the ninety-eighth meridian of west longitude crosses the same, thence up the middle of the main channel of said river to the line of 98 degrees 40 minutes west longitude, Thence on said line due north to the middle of the channel of the main Canadian River, Thence down the middle of said Main Canadian River to where it crosses the ninety-eighth meridian; thence due south to the place of beginning. ARTICLE II. In consideration of the cession recited in the foregoing article, the United States agree that out of said tract of country there shall be allotted to each and every member of said Wichita and affiliated bands of Indians in the Indian Territory, native and adopted, one hundred and sixty acres of land in the manner and form, as follows: Said tract of country shall be, by the United States, classified into grazing and grain growing land, and when so classified each of said Indians shall be required to take at least one-half in area of his or her allotment in grazing land, subject to the foregoing and other restrictions hereinafter recited. Each and every member of said Wichita and affiliated bands of |