site, and if such plat shall be approved by the secretary of the interior, he shall issue a patent to such person for land embraced in said town site, upon the payment of the sum of ten dollars per acre for all the lands embraced in such townsite, except the lands to be donated and maintained for public purposes, as provided in this section. And the sums so received

by the secretary of the interior shall be paid over to the proper authorities of the municipalities when organized, to be used by them for school purposes only.

public high

SECTION 23. That there shall be reserved public Relating to highways four rods wide between each section of land ways. in said Territory, the section lines being the center of said highways; but no deduction shall be made, where cash payments are provided for, in the amount to be paid for each quarter section of land by reason of such reservation. But if the said highway shall be vacated by any competent authority, the title to the respective strips shall inure to the then owner of the tract of which it formed a part by the original survey.

settlement of

SECTION 24. That it shall be unlawful for any per- Fraudulent son, for himself or any company, association, or cor- public lands, how punished poration, to directly or indirectly procure any person to settle upon any lands open to settlement in the Territory of Oklahoma, with intent thereafter of acquiring title thereto; and any title thus acquired shall be void; and the parties to such fraudulent settlement shall severally be guilty of a misdemeanor, and shall be punished upon indictment, by imprisonment not exceeding twelve months, or by a fine not exceeding one thousand dollars. or by both such fine and imprisonment, in the discretion of the court.

only on cert

SECTION 25. That inasmuch as there is a contro- This Act does not apply to versy between the United States and the state of Greer county Texas, as to the ownership of what is known as Greer ain conditions county, it is hereby expressly provided that this act shall not be construed to apply to said Greer county until the title to the same has been adjudicated and determined to be in the United States; and, in order to provide for a speedy and final judicial determination of the controversy aforesaid, the attorney-general of the United States is hereby authorized and directed

Appropriations.

to commence in the name and on behalf of the United States, and prosecute to a final determination, a proper suit in equity in the supreme court of the United States against the state of Texas, setting forth the title and claim of the United States to the tract of land lying between the North and South Forks of the Red river where the Indian Territory and the state of Texas adjoin, east of the one hundredth degree of longitude, and claimed by the state of Texas as within its boundary and a part of its land, and designated on its map as Greer county, in order that the rightful title to said land may be finally determined, and the court on the trial of the case may, in its discretion, so far as the ends of justice will warrant, consider any evidence heretofore taken and received by the joint boundary commmission under the act of congress approved January thirty-first, eighteen hundred and eighty-five; and said case shall be advanced on the docket of said court, and proceeded with to its conclusion as rapidly as the nature and circunstances of the case permit.

SECTION 26. That the following sums, or so much thereof as may be necessary, are hereby appropriated, out of any money in the treasury not otherwise appropriated, to be disbursed under the direction of the secretary of the interior, in the same manner that similar appropriations are disbursed in the other Territories of the United States, namely:

To pay the expenses of the first legislative assembly of said Territory, including the printing of the session laws thereof, the sum of forty thousand dollars.

To pay the salaries of the governor, the judges of the supreme court, the secretary of the Territory, the marshal, the attorney, and other officers whose appointment is provided for in this act, for the remainder of the fiscal year ending June thirtieth, eighteen hundred and ninety, the sum of twenty thousand dollars.

To pay for the rent of buildings for the legislative and executive offices, and for the supreme and district courts; to provide jails, and support prisoners; to pay mileage and per diem of jurors and witnesses; to pro

vide books, records and stationery for executive and judicial offices for the remainder of the fiscal year ending June thirtieth, eighteen hundred and ninety, the sum of fifteen thousand dollars.

To enable the governor to take a census of the inhabitants of said Territory, as required by law, the sum of five thousand dollars.

To be expended by the governor in temporary support and aid of common school education in said Territory, as soon as a system of public schools shall have been established by the legislative assembly, the sum of fifty thousand dollars.

acquired not

SECTION 27. That the provisions of this act shall Legal rights not be so construed as to invalidate or impair any legal invalidated. claims or rights of persons occupying any portion of said Territory, under the laws of the United States. but such claims shall be adjudicated by the land department, or the courts, in accordance with their respective jurisdictions. SECTION 28. That the constitution and all the laws Laws applicable, repealing of the United States not locally inapplicable shall, provisions. except so far as modified by this act, have the same force and effect as elsewhere within the United States; and all acts and parts of acts in conflict with the provisions of this act are as to their effect in said Territory of Oklahoma hereby repealed: Provided, That section 1850 of the revised statutes of the United States shall not apply to the Territory of Oklahoma.

Indian Terri

SECTION 29. That all that part of the United States Boundaries of which is bounded on the north by the state of Kansas, tory proper. Establishing on the east by the states of Arkansas and Missouri, a Court. 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; 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

of Courts,

and where.

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; and in all cases on contracts entered into by citizens of any tribe or nation 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. Organization SECTION 30. That for the purpose of holding terms how, when of said court, said Indian Territory is hereby divided into three divisions, to be known as the first, second and third divisions. 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. The second division shall consist of the Choctaw country, and the place for holding said court therein shall be at South McAlister. The third division shall consist of the Chickasaw and Seminole countries, and the place of holding said court therein shall be at Ardmore. That the attorney general of the United States may, if in his judgment it shall be necessary, appoint an assistant attorney for said court. 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 of said courts 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: Provided, That the appointment of such deputies shall be approved by the 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 respective deputies. 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. All 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 by the jury commissioners provided for in said act. All prosecutions for crimes or offenses hereafter committed in said Indian Territory shall be cognizable within the division in which such crime or offense shall have been committed. 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 more defendants residing in different divisions, the action may be brought in any division in which either of the defendants resides or may be found. And all cases shall be tried in the division in which the process is returnable herein provided, unless said judge shall direct such case to be removed to one of the other divisions: Provided, however, That the judicial tribunals of the Indian nations shall retain exclusive jurisdiction in all civil and criminal cases arising in the country in which members of the nation by nativity or by adoption shall be the only parties; and as to all such cases the laws of the state of Arkansas extended over and put in force in the said Indian Territory by this act shall not apply.

as

Arkansas

Territory.

SECTION 31. That certain general laws of the state Extending certain genof Arkansas in force at the close of the session of the eral laws of general assembly of that state of eighteen hun- over Indian dred and eighty three, as published in eighteen hundred and eighty-four, in the volume known as Manfield's Digest of the Statutes of Arkansas, which are not locally inapplicable or in conflict with this act or with any law of congress, relating to the sub