of electors at

representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be elected members of the house of representatives: Provided, That in case two or more persons voted for have an equal number of votes, and in case a vacancy otherwise occurs in either branch of the legislative assembly, the governor shall order a new election; and the persons thus elected to the legislative assembly shall meet, at such place and on such day as the governor shall appoint, but after such first election, however, the time, place and manner of holding elections by the people, and the appointment of representation, and the day of the commencement of the regular sessions of the legislative assembly, shall be prescribed by law: Provided, however, That the governor shall have power to call the legislative assembly together by proclamation, on an extraordinary occasion, at any time.

Qualifications SECTION 5. That all male citizens of the United first election. States above the age of twenty-one years, and all male persons of foreign birth over said age, who shall have, twelve months prior thereto, declared their intention to become citizens of the United States, as now required by law, who are actual residents at the time of the passage of this act of that portion of said Territorry which was declared by the proclamation of the president to be open for settlement on the twenty-second day of April, anno domini, eighteen hundred and eighty-nine, and of that portion of said Territory heretofore known as the Public Land strip, shall be entitled to vote at the first election in the Terri

tory. At every subsequent election the qualification of voters, and of holding office, shall be such as may be prescribed by the legislative assembly, subject, however, to the following restrictions on the power of the legislative assembly, namely: First, The right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years and by persons of foreign birth above that age who have declared, on oath, before a competent court of record, as required by the naturalization laws of the United States, their intention to become citizens, and have

taken an oath to support the constitution of the United States, and who shall have been residents of the United States for the term of twelve months before the election at which they offer to vote. Second, There shall be no denial of the elective franchise or of holding office, to a citizen, on account of race, color, or previous condition of servitude. Third, No officer, soldier, seaman, marine, or other person in the army or navy or attatched to troops in the service of the United States, shall be allowed to vote in said Territory by reason of being on service therein. Fourth, No person belonging to the army or navy shall be elected to, or hold, any civil office or appointment in said Territory.

legislative

must be taxed

crimination.

SECTION 6. That the legislative power of the Ter- Limitation of ritory shall extend to all rightful subjects of legisla- power. tion, not inconsistent with the constitution and laws of the United States, but no law shall be passed interfering with the primary disposal of soil; no tax shall be imposed upon the property of the United States, nor shall the lands or property of non-residents be taxed higher than the lands or property of residents, nor shall any law be passed impairing the right to private property, nor shall any unequal discrimination be made in taxing different kinds of property, but all Property property subject to the taxation shall be taxed in pro- without disportion to its value: Provided, That nothing herein shall be held to prohibit the levying and collecting license or special taxes in the Territory from persons special li engaged in any business therein, if the legislative censes. power shall consider such taxes necessary. Every Procedure in bill which shall have passed the council and house of passing laws. repeesentatives of said Territory shall, before it becomes a law, be presented to the governor of the Territory. If he approves he shall sign it, but if not, he shall return it with his objections to the house in which it originated, who shall enter the objections at large upon their journal, and proceed to reconsider it. If, after such reconsideration. two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house it shall become a law. But

district and

cers

filled.

how

in all such cases the vote of both houses shall be determined by yeas and and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly, by adjournment, shall prevent its return, in which case it shall not be a law.

Township, SECTION 7. That all township, district, and county county off officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the Territory. The governor shall nominate and, by and with the advice and consent of the council, appoint all officers not herein otherwise provided for, and in the first instance the governor alone may appoint all such officers, who shall hold their offices until the end of the first session of the legislative assembly; and he shall lay off the necessary districts for members of the council and house of representatives, and all other officers; and whenever a vacancy happens from resignation or death, during the recess of the legislative council, in any office which is filled by appointment of the governor, by and with the advice and consent of the council, the governor shall fill such vacancy by granting a commission, which shall expire at the end of the next session Legislature of the legislative council. It is further provided that thorize issu- the legislative assembly shall not authorize the issufor construc-ing of any bond, scrip, or evidence of debt by the Territory, or any county, city, town, or township therein, for the construction of any railroad. Legislators SECTION 8. That no member of the legislative asoffices creat-sembly shall hold or be appointed to any office, which has been created or the salary or emoluments of which have been increased while he was a member, during the term for which he was elected and for one year after the expiration of such term, but this restriction shall not be applicable to members of the first legislative assembly provided for by this act; and no person holding a commission or appointment under the United States, except postmasters, shall be a member

can

not au

ance of scrip.

tion of railroads.

can not hold

ed by them.

of the legislative assembly, or shall hold any office under the government of said Territory.

er- in whom

tices of the

of supreme

courts.

SECTION 9. That the judicial power of said Terri- Judicial powtory shall be vested in a supreme court, district courts, vested. probate courts, and justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum. They shall hold their offices for four years, and until their successors are appointed and qualified, and they shall hold a term annually at the seat of government of said Territory. The jurisdiction of the Jurisdiction of probate several courts herein provided for, both appellate and court and jus original, and that the probate courts and of the jus- peace. tices of the peace, shall be as limited by law: Provided, That justices of the peace, who shall be elected in such manner as the legislative assembly may provide by law, shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and said supreme Jurisdiction and district courts, respectively, shall possess chan- and district cery as well as common law jurisdiction, and authority for redress of all wrongs committed against the constitution or laws of the United States or of the Territory affecting persons or property. Said Territory shall be divided into three judicial districts, and a district court shall be held in each county in said district thereof by one of the justices of the supreme court, at such time and place as may be prescribed by law, and each judge after assignment shall reside in the district to which he is assigned. The supreme court shall define said judi- The supreme cial districts, and shall fix the times and places at fine judicial each county seat in each district, where the district court shall be held and designate the judge who shall preside therein. And the territory not embraced in Unorganized organized counties shall be attached for judicial purposes to such organized county or counties as the supreme court may determine. 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 register in chancery, and

Court to de

districts.

territory.

district

shall keep his office where the court may be held. Appeals from Writs of error, bills of exception, and appeals shall courts: when. be allowed in all cases from 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 Appeals from allowed in said court. Writs of error and appeals courts: allow- from the final decisions of said supreme court shall be

district

ed when.

jurisdiction

courts.

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 witnesses, shall exceed five thousand dollars; and each of 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 Additional courts of the United States. In addition to the jurisof districtdiction otherwise conferred by this act, said district courts shall have and exercise exclusive original jurisdiction over all offenses against the law 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 residCherokee out- ing in such portion of the Cherokee Outlet, or between citizens of the United States, or 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

let.