The last paragraph was held not to exclude jurisdiction of the United States court in matters of probate where United States citizens are creditors or distributees as shown by the petition for appointment of an administrator. In re Delk, (1899) 2 Indian Ter. 572.

SEC. 32. [County" to mean judicial division."] That the word "county," as used in any of the laws of Arkansas which are put in force in the Indian Territory by the provisions of this act, shall be construed to embrace the territory within the limits of a judicial division in said Indian Territory; and whenever in said laws of Arkansas the word "county" is used, the words "judicial division" may be substituted therefor, in said Indian Territory, for the purposes of this act. [26 Stat. L. 96.]

["State" to mean " Territory," etc.] And whenever in said laws of Arkansas the word "State," or the words "State of Arkansas" are used, the word Territory," or the words "Indian Territory," may be substituted therefor, for the purposes of this act, and for the purpose of making said laws of Arkansas applicable to the said Indian Territory; [26 Stat. L. 96.]

[Prosecutions in name of United States.] But all prosecutions therein shall run in the name of the "United States." [26 Stat. L. 96.]

SEC. 33. [Arkansas criminal laws made applicable unless conflicting with United States laws.] That the provisions of chapter forty-five of the said general laws of Arkansas, entitled "Criminal law ", except as to the crimes and misdemeanor [s] mentioned in the provisos to this section, and the provisions of chapter forty-six of said general laws of Arkansas, entitled "Criminal Procedure," as far as they are applicable, are hereby extended over and put in force in the Indian Territory, and jurisdiction to enforce said provisions is hereby conferred upon the United States court therein: 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 such offenses: [26 Stat. L. 96.]

[Jurisdiction in criminal cases punishable by death or imprisonment at hard labor.] And provided further, That the United States circuit and district courts, respectively, for the western district of Arkansas and the eastern district of Texas, respectively, shall continue to exercise exclusive jurisdiction as now provided by law in the Indian Territory as defined in this act, in their respective districts as heretofore established, over all crimes and misdemeanors against the laws of the United States applicable to the said Territory, which are punishable by said laws of the United States by death or by imprisonment at hard labor, except as otherwise provided in the following sections of this act. L. 97.]

As far as they are applicable. The provisions of chapter 46 of Mansfield's Dig. Ark. Stat., here put in force "as far as they are applicable," are adopted without any qualification whatever in section 4 of the Act of March 1, 1895, ch. 145, infra, p. 422. See Watkins v. U. S., (1897) 1 Indian Ter. 364.

[26 Stat.

Insufficient indictments. By virtue of this section, Mansfield's Digest, sec. 2107, relating to objections to indictments for insufficiency, is in force in the Indian Territory. Oats v. U. S., (1897) 1 Indian Ter. 152.

SEC. 34. [Jurisdiction, protection, etc., of Indians.] That original jurisdiction is hereby conferred upon the United States court in the Indian Territory to enforce the provisions of title twenty-eight, chapters three and four, of the Revised Statutes of the United States in said Territory, except the offenses

defined and embraced in sections twenty-one hundred and forty-two and twentyone hundred and forty-three: Provided, That as to the violations of the provisions of section twenty-one hundred and thirty-nine of said Revised Statutes, the jurisdiction of said court in the Indian Territory shall be concurrent with the jurisdiction exercised in the enforcement of such provisions by the United States courts for the western district of Arkansas and the eastern district of Texas: Provided, That all violations of said chapters three and four, prior to the passage of this act, shall be prosecuted in the said United States courts, respectively, the same as if this act had not been passed. [26 Stat. L. 97.]

Title twenty-eight, chapters three and four of the Revised Statutes, to which the text refers, comprise R. S. secs. 2111-2157, which are set forth supra, p. 372 et seq.

SEC. 35. [Exclusive original jurisdiction.] That exclusive original jurisdiction is hereby conferred upon the United States court in the Indian Territory to enforce the provisions of chapter four, title seventy, of the Revised Statutes of the United States entitled "Crimes against justice," in all cases where the crimes mentioned therein are committed in any judicial proceeding in the Indian Territory and where such crimes affect or impede the enforcement of the laws in the courts established in said Territory: Provided, That all violations of the provisions of said chapter prior to the passage of this act shall be prosecuted in the United States courts for the western district of Arkansas and the eastern district of Texas, respectively, the same as if this act had not been passed. [26 Stat. L. 97.]

Chapter four, title seventy of the Revised Statutes, to which the text refers, comprises R. S. secs. 5392-5412, which are set forth under various titles in this work.

SEC. 36. [Jurisdiction over controversies between Indians of different tribes.] That jurisdiction is hereby conferred upon the United States court in the Indian Territory over all controversies arising between members or citizens of one tribe or nation of Indians and the members or citizens of other tribes or nations in the Indian Territory, and any citizen or member of one tribe or nation who may commit any offense or crime against the person or property of a citizen or member of another tribe or nation shall be subject to the same punishment in the Indian Territory as he would be if both parties were citizens of the United States. And any member or citizen of any Indian tribe or nation in the Indian Territory shall have the right to invoke the aid of said court therein for the protection of his person or property as against any person not a member of the same tribe or nation, as though he were a citizen of the United States. [26 Stat. L. 97.]

SEC. 37. [Lotteries, etc., prohibited; jurisdiction of prosecution.] That if any person shall, in the Indian Territory, open, carry on, promote, make or draw, publicly or privately, any lottery, or scheme of chance of any kind or description, by whatever name, style or title the same may be denominated or known, or shall, in said Territory, vend, sell, barter or dispose of any lottery ticket or tickets, order or orders, device or devices, of any kind, for, or representing any number of shares or any interest in any lottery or scheme of chance, or shall open or establish as owner or otherwise any lottery or scheme of chance in said Territory, or shall be in any wise concerned in any lottery or scheme of chance, by acting as owner or agent in said Territory, for or on behalf of any lottery or scheme of chance, to be drawn, paid or carried on, either out of or within said Territory, every such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined for the first offense, not exceeding five hundred dollars, and for the second offense shall, on conviction, be fined

And

not less than five hundred dollars and not exceeding five thousand, and he may be imprisoned, in the discretion of the court, not exceeding one year. jurisdiction to enforce the provisions of this section is hereby conferred upon the United States court in said Indian Territory, and all persons therein, including Indians and members and citizens of Indian tribes and nations, shall be subject to its provisions and penalties. [26 Stat. L. 97.]

SEC. 38. [Marriages by clerks of courts.] The clerk and deputy clerks of said United States court shall have the power within their respective divisions to issue marriage licenses or certificates and to solemnize marriages. They shall keep copies of all marriage licenses or certificates issued by them, and a record book in which shall be recorded all licenses or certificates after the marriage has been solemnized, and all persons authorized by law to solemnize marriages shall return the license or certificate, after executing the same, to the clerk or deputy clerk who issued it, together with his return thereon. [26 Stat. L. 98.]

[Clerks to be recorders of deeds.] They shall also be ex-officio recorders within their respective divisions, and as such they shall perform such duties as are required of recorders of deeds under the said laws of Arkansas, and receive the fees and compensation therefor which are provided in said laws of Arkansas for like service: [26 Stat. L. 98.]

[Tribal marriages valid, issue legitimate.] Provided, That all marriages heretofore contracted under the laws or tribal customs of any Indian nation now located in the Indian Territory are hereby declared valid, and the issue of such marriages shall be deemed legitimate and entitled to all inheritances of property or other rights, the same as in the case of the issue of other forms of lawful marriage: [26 Stat. L. 98.]

[Not to be governed by Arkansas laws.] Provided further, That said chapter one hundred and three of said laws of Arkansas shall not be construed so as to interfere with the operation of the laws governing marriage enacted by any of the civilized tribes, nor to confer any authority upon any officer of said court to unite a citizen of the United States in marriage with a member of any of the civilized nations until the preliminaries to such marriage shall have first been arranged according to the laws of the nation of which said Indian person is a member. [26 Stat. L. 98.1

[To be recorded according to Indian laws.] And provided further, That where such marriage is required by law of an Indian nation to be of record, the certificate of such marriage shall be sent for record to the proper officer, as provided in such law enacted by the Indian nation. [26 Stat. L. 98.]

SEC. 39. [United States commissioners, appointment and powers-constables.] That the United States court in the Indian Territory shall have all the powers of the United States circuit courts or circuit court judges to appoint commissioners within said Indian Territory, who shall be learned in the law, and shall be known as United States commissioners; but not exceeding three commissioners shall be appointed for any one division, and such commissioners when appointed shall have, within the district to be designated in the order appointing them, all the powers of commissioners of circuit courts of the United States. They shall be ex officio notaries public, and shall have power to solemnize marriages. The provisions of chapter ninety-one of the said laws of Arkansas, regulating the jurisdiction and procedure before justices of the peace, are hereby extended over the Indian Territory; and said commissioners shall exercise all the powers conferred by the laws of Arkansas upon justices of the peace within their districts; but they shall have no jurisdiction to try any cause where the value of the thing or the amount in controversy exceeds one hundred dollars.

Appeals may be taken from the final judgment of said commissioners to the United States court in said Indian Territory in all cases and in the same manner that appeals may be taken from the final judgments of justices of the peace under the provisions of said chapter ninety-one. The said court may appoint a constable for each of the commissioner's districts designated by the court, and the constable so appointed shall perform all the duties required of constables under the provision of chapter twenty-four and other laws of the State of Arkansas. [26 Stat. L. 98.]

[Constables and commissioners to give bonds and take oath.] Each commissioner and constable shall execute to the United States, for the security of the public, a good and sufficient bond, in the sum of five 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. [26 Stat. L. 99.]

[Existing appointments of commissioners ratified.] The appointments of United States commissioners by said court held at Muscogee, in the Indian Territory, heretofore made, and all acts in pursuance of law and in good faith performed by them, are hereby ratified and validated. [26 Stat. L. 99.]

Removal of commissioners. The provisions of the statutes authorizing the United States courts to appoint commissioners do not have the effect to put the commissioners in the place of justices of the peace in Arkansas, in such a way that the causes prescribed by law for the removal of justices of the peace must be taken as prescribed by law as causes for the removal of commissioners. Justices of the peace in Arkansas by state constitution and laws hold office for two years, and cannot be removed except for

cause, and on notice and hearing, but the commissioners appointed under this statute hold office neither for life, nor for any specified time, and are within the rule which treats the power of removal as incident to the power of appointment, unless otherwise provided. Reagan r. U. S., (1901) 182 U. S. 419.

The provision extending the operation of chapter 91 of the laws of Arkansas to the Indian Territory is re-enacted in section 4 of the Act of March 1, 1895, ch. 145, infra, p.

422.

SEC. 40. [Arrest, etc., for crimes and offenses-warrant for removal.] That persons charged with any offense or crime in the Indian Territory and for whose arrest a warrant has been issued, may be arrested by the United States marshal or any of his deputies, wherever found in said Territory, but in all cases the accused shall be taken, for preliminary examination, before the commissioner in the judicial division whose office or place of business is nearest by the route usually traveled to the place where the offense or crime was committed; but this section shall apply only to crimes or offenses over which the courts located in the Indian Territory have jurisdiction: Provided, That in all cases where persons have been brought before a United States commissioner in the Indian Territory for preliminary examination, charged with the commission of any crime therein, and where it appears from the evidence that a crime has been. committed, and that there is probable cause to believe the accused guilty thereof, but that the crime is one over which the courts in the Indian Territory have no jurisdiction, the accused shall not, on that account, be discharged, but the case shall be proceeded with as provided in section ten hundred and fourteen of the Revised Statutes of the United States. [26 Stat. L. 99.]

R. S. sec. 1014, to which the concluding sentence of the text refers, is set forth vol. 2,

p. 321.

SEC. 41. [Extradition of fugitives from justice.] That the judge of the United States court in the Indian Territory shall have the same power to extradite persons who have taken refuge in the Indian Territory, charged with crimes in the States or other Territories of the United States, that may now be exer

cised by the governor of Arkansas in that State, and he may issue requisitions upon governors of States and other Territories for persons who have committed offenses in the Indian Territory, and who have taken refuge in such States or Territories. [26 Stat. L. 99.]

For general provisions relating to extradition, see EXTRADITION, ante, p. 68.

This section was held to be a valid exercise of legislative power by Congress under the Constitution, art. 4, sec. 3, authorizing Congress to make rules and regulations respecting the territories. Er p. Dickson, (Indian Ter. 1902) 69 S. W. Rep. 943. Section 1014, R. S.

This section does not

affect the power of a United States commissioner appointed for a district in a state to issue a warrant under R. S. sec. 1014 (see vol. 2, p. 319), for the arrest of a person in such district for an offense committed in the Indian Territory against the laws of the United States. Douglass v. Stahl, (Ark. 1903) 72 S. W. Rep. 568.

SEC. 42. [Appeals from U. S. court.] That appeals and writs of error may be taken and prosecuted from the decisions of the United States court in the Indian Territory 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, except as otherwise provided in this act. [26 Stat. L. 99.]

This appears to be superseded. See section 6 of the Act of March 1, 1889, ch. 333 (supra, p. 397), and section 13 of the Act of March 3,

1891, ch. 517 (infra, p. 419). And see Folsom v. U. S. (1895) 160 U. S. 124; Steele v. Crider, (1894) 61 Fed. Rep. 484.

SEC. 43. [Naturalization of Indians - certain Indians declared citizens.] That any member of any Indian tribe or nation residing in the Indian Territory may apply to the United States court therein to become a citizen of the United States, and such court shall have jurisdiction thereof and shall hear and determine such application as provided in the statutes of the United States; and the Confederated Peoria Indians residing in the Quapaw Indian Agency, who have heretofore or who may hereafter accept their land in severalty under any of the allotment laws of the United States, shall be deemed to be, and are hereby, declared to be citizens of the United States from and after the selection of their allotments, and entitled to all the rights, privileges, and benefits as such, and parents are hereby declared from that time to have been and to be the legal guardians of their minor children without process of court: Provided, That the Indians who become citizens of the United States under the provisions of this act do not forfeit or lose any rights or privileges they enjoy or are entitled to as members of the tribe or nation to which they belong. [26 Stat. L. 99.]

mond v. Raymond, (1896) 1 Indian Ter. 334.

The naturalization of one who was already a United States citizen, though a member of an Indian tribe by adoption, was not authorized by this section. Raymond v. Raymond, (C. C. A. 1897) 83 Fed. Rep. 724.

Naturalization of an Indian pending a criminal prosecution against him in a tribal court, of which that court had jurisdiction when the prosecution was instituted, did not divest the court of such jurisdiction. Ex p. Kyle, (1895) 67 Fed. Rep. 306.

SEC. 44. [Makes appropriation.] [26 Stat. L. 99.]

An act to provide for railroad crossings in the Indian Territory.

[Act of Oct. 1, 1890, ch. 1268, 26 Stat. L. 655.]

[SEC. 1.] [Railroads in Indian Territory may cross, etc., other lines — companies to unite in making connection, etc.] That every railroad corporation created and organized under the laws of the United States, or any of the States