thereof, which may now or shall hereafter be authorized to construct and operate a railroad in the Indian Territory, shall have the right to cross, intersect, join, or unite its railroad with any other railroad now constructed or that may hereafter be constructed at any point upon its route and upon the grounds and right of way of such other railroad company, with the necessary turn-outs, sidings, and switches, telegraph and telephone lines, and other conveniences in furtherance of the objects of its construction; and every railroad company whose railroad is or shall be crossed, joined, or intersected by any other railroad shall unite with the owners and corporators of such other railroad in forming such crossing, intersection, and shall grant to such railroads so crossing, intersecting, or uniting all the necessary facilities for that purpose. [26 Stat. L. 655.]

SEC. 2. [Compensation in case of disagreement - how to be assessed.] That if the two corporations or their management can not agree upon the amount of compensation to be made for the purposes set forth in the foregoing section, or the points or manner of such crossings, junctions, or intersections the corporation desiring to cross, intersect, join, or unite with the other railroads, may file its petition in the nearest United States court having jurisdiction of civil causes in said Territory, with a description and map of the place at which said crossing, intersection, or junction is desired, asking to have the damages for said right of way, crossing, intersection, or junction assessed, and upon the filing of such petition, in term time or vacation, the court or judge thereof in vacation shall forthwith appoint three disinterested citizens of the United States residing in said Territory as special commissioners to assess said damages, giving preference to those who may be agreed upon by the two parties. [26 Stat. L. 655.]

SEC. 3. [Commissioners to qualify; to notify and hear parties.] That the said commissioners shall be sworn by the judge or any officer authorized by law to administer oaths to assess said damages fairly and impartially according to law. They shall appoint as early a day as practicable and a place as near as practicable to said point of crossing or junction for the hearing of the parties, and shall notify each of the parties in writing of the time and place so selected at least five days before the hearing, which notice may be served on any officer, agent, or attorney of said corporation or management of the railroad to be notified, and by any person competent to testify. If notice shall not be perfected at the time set the hearing may be postponed from time to time till service thereof shall be perfected. [26 Stat. L. 656.]

SEC. 4. [Powers of commissioners.] That the said commissioners shall have power to compel the attendance of witnesses and the production of testimony, and to administer oaths. [26 Stat. L. 656.]

SEC. 5. [Assessment of damages.] That at the time and place appointed the commissioners shall meet and proceed to fully hear the parties interested and shall assess the actual damages, if any, sustained by reason of the crossing or junction sought; they shall reduce their decision to writing, stating therein the amount of damages, if any, awarded, the amount of costs, with each item thereof and against which party adjudged, and shall without delay file said statement, with all the papers connected with the case, in the office of the clerk of said court. [26 Stat. L. 656.]

SEC. 6. [Upon paying award, company may cross, etc.] That if the party seeking the crossing or junction shall pay to the other party, or deposit with the clerk of said court for the use of the other party the damages and costs so assessed and awarded against it, said party shall have the right upon said payment or

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deposit to enter upon the right of way of the other party and to cross, intersect, join, or unite its road with the other railroad in accordance with the award. [26 Stat. L. 656.]

SEC. 7. [Appeal from commissioners' decision.] That if either party be dissatisfied with the decision of the commissioners it may, within ten days from the filing thereof, file its exceptions thereto in writing, setting forth the particular cause or causes of objection, and thereupon the adverse party shall be summoned, and said cause shall be tried and determined as other causes in said

court.

[Right of accepting company to proceed, etc., not barred.] But nothing in this section shall be so construed as to deprive the railroad company seeking a crossing from accepting the report of the commissioners, and paying into the court the full amount of the award of damages made by the commissioners, and immediately thereafter to cross, intersect, join, or unite with the line of the opposing railway.

[Decision, if not appealed, to be recorded and enforced.] If no exceptions are filed within said time the judge shall cause the said decision to be recorded in the minutes of his court, and shall make the same judgment of his court, and may issue the necessary process to enforce the same. [26 Stat. L. 656.]

SEC. 8. [Compensation of commissioners—supplying vacancies.] That commissioners shall be entitled to receive for their services five dollars each for every day they are engaged in the performance of their duties, which they shall include in their statement of costs and which shall be paid as such. If the commissioners or any of them shall be unable or for any cause fail to act the court or judge shall appoint a commissioner or commissioners to supply the place or places of those failing to act. [26 Stat. L. 656.]

SEC. 9. [Costs; how to be determined.] That the costs of the proceedings before the commissioners and in the court shall be determined as follows, to wit: If the commissioners shall award greater damages than the said company offered to pay before the proceedings commenced, or if exceptions are filed to the decision of the commissioners as herein provided for, and the judgment of the court is for a greater sum than the amount awarded by the commissioners, then the said company shall pay all costs; but if the amount awarded by said commissioners as damages, or if the judgment of the court shall be for the same or less amount of damages than the amount offered by the company before proceedings were commenced, then the cost shall be paid by the other company. [26 Stat. L. 656.]

SEC. 10. [Trains to stop at all intersections, etc. - discriminations forbidden.] That every railroad company operating a railroad in the Indian Territory shall cause all passenger and freight trains running on its road to stop at all points on its road where another railroad crosses, joins, unites, or intersects, and take and receive on said trains all passengers and all freights and mail offered at that point, and shall carry the same, and shall also discharge at said. point all passengers desiring to stop there and all freight and mails consigned to said point. And no railroad company shall in any wise discriminate against passengers or freight transported or conveyed by any intersecting railroad company. [26 Stat. L. 656.]

SEC. 11. [Penalty for violations.] That any railroad company violating any of the provisions of the preceding section shall forfeit and pay to the company or individual injured thereby double the amount of damages which said com

pany or individual may have sustained, to be recovered in any court of competent jurisdiction. [26 Stat. L. 657.]

SEC. 13. [Appeals, etc., from Indian Territory Court.] 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, or to the circuit court of appeals in the eighth circuit, in the same manner and under the same regulations as from the circuit or district courts of the United States, under this act. [26 Stat. L. 829.]

This section is from the Act of March 3, 1891, ch. 517, creating the United States Circuit Courts of Appeals.

See Act of March 1, 1895, section 11, infra, p. 426, and Act of July 1, 1898, infra, p. 467. By the Act of March 1, 1895, the Circuit

Court of Appeals was deprived of jurisdiction of appeals from the Indian Territory trial court. Stephens v. Cherokee Nation, (1899) 174 U. S. 481. See also Scott v. Hamner, (C. C. A. 1896) 72 Fed. Rep. 289.

An act to provide for the appointment of additional judges of the United States court in the Indian Territory, and for other purposes.

[Act of March 1, 1895, ch. 145, 28 Stat. L. 693.]

[SEC. 1.] [Three judicial districts created-terms of courts.] That the territory known as the Indian Territory, now within the jurisdiction of the United States court in said Territory, is hereby divided into three judicial districts, to be known as the northern, central, and southern districts, and at least two terms of the United States court in the Indian Territory shall be held each year at each place of holding court in each district at such regular times as the judge for such district shall fix and determine.

[Northern, Central, and Southern Districts.] The northern district shall consist of all the Creek country, all of the Seminole country, all of the Cherokee country, all of the country occupied by the Indian tribes in the Quapaw Indian Agency, and the town site of the Miami Townsite Company, and the places of holding courts in said district shall be at Vinita, Miami, Tahlequah, and Muscogee. The central district shall consist of all the Choctaw country, and the places of holding courts in said district shall be at South McAlester, Atoka, Antlers, and Cameron. The southern district shall consist of all the Chickasaw country, and the places of holding courts in said district shall be at Ardmore, Purcell, Pauls Valley, Ryan, and Chickasha. [28 Stat. L. 693.]

SEC. 2. [Two additional judges.] That there shall be appointed by the President, by and with the advice and consent of the Senate, two additional judges of the United States court in said Indian Territory, who shall hold their respective offices for the term of four years from the date of their appointment, unless sooner removed as provided by law, one of whom shall be the judge of the northern district and the other shall be the judge of the southern district; and the judge of the United States court now in office shall, from and after said. appointments, be the judge of the central district, and shall hold his office for the term for which he was appointed, and during the period of their service said judges shall reside in the judicial districts for which they are appointed; and said judges of the northern and southern districts shall each take the oath of office required by law to be taken by the judges of the district courts of the United States.

[Salaries, etc.] The judge for each district shall be paid a salary of five thousand dollars per annum, and allowed his necessary expenses when holding

court away from home, the same to be paid from the Treasury of the United States in like manner as the salaries and allowances of the judges of the United States district courts.

[Recess appointments.] If the appointment of said judges, or any of them, shall not be made during the present session, the President of the United States shall be, and is hereby, empowered to make such appointment during the recess of the Senate, by granting commissions which shall expire at the end of the next session.

[Judges, powers of.] The judges shall have, within the judicial districts for which they are appointed, all such authority, both in term time and vacation, as to all matters and causes, both criminal and civil, pending or that may be brought in said districts, and shall have the same superintending control over commissioners' courts therein, and the same authority in the judicial districts, to issue writs of habeas corpus and prohibition, injunction, mandamus, certiorari, and other remedial and final process as is now by law vested in the judge of the United States court in the Indian Territory, or in the circuit and district courts of the United States

[Judges may hold court in other districts.] The judge of each district is authorized and empowered to hold court in any other district, for the trial of any case which the judge of said other district is disqualified from trying, and the disqualification under this Act shall be the same as are provided by the laws of the State of Arkansas to disqualify the circuit judges of that State, except that no judge shall be disqualified by the filing of an affidavit of his prejudice. And whenever on account of sickness, or for any other reason, the judge of any district is unable to perform the duties of his office, either of the other judges may act in his stead, in term time or in vacation.

[Temporary authority of present judge.] Until the appointment and qualification of said judges of the northern and southern districts, respectively, the judge of the United States court in the Indian Territory shall continue to perform all the duties and exercise all the authority that is now, or hereafter may be, conferred upon him as such judge.

[Attorneys and marshals.] There shall be appointed by the President an attorney and marshal for said court in each of said districts, who shall continue in office for four years, and until their successors shall be duly appointed and qualified, and they shall discharge the like duties as other United States attorneys and marshals.

[Deputy marshals.] Each of said marshals shall appoint one or more deputies, who shall have the same powers, perform the like duties, and be removable in like manner as other deputy United States marshals;

[Bond of marshals.] and said marshals shall give bond, with two or more sureties, to be approved by the judge for said district, in the sum of ten thousand dollars, conditioned as by law required in regard to the bonds of other United States marshals.

[Present officials.] The United States attorney for the Indian Territory shall be the district attorney for the northern district as herein created, and the marshal in the Indian Territory shall be the marshal for said central district after this Act goes into effect.

[Salaries, etc.] Each of the district attorneys in said Territory shall receive a salary of four thousand dollars per annum, and each of the marshals shall receive a salary of four thousand dollars per annum; and each of his deputies, not exceeding four in number, unless a greater number be specially authorized by order of the district judge, entered of record, shall receive a salary of one thousand two hundred dollars per annum and his reasonable and necessary

expenses of travel and subsistence while on duty, to be approved by the judge for the district for which he is appointed:

[Additional deputy marshals.] Provided, That, in case of emergency, either of said judges may authorize the appointment of as many deputy marshals as he may deem necessary for the enforcement of law and the suppression of crime, and such deputies shall receive the same rate of pay and expenses of travel for the time they may serve as regular deputy marshals:

[Assistant attorneys.] And provided further, That the Attorney-General of the United States may, if in his judgment it shall be necessary, appoint an assistant attorney for each of said districts. [28 Stat. L. 694.]

Where a judge of a district is disqualified, a judge of another district may, upon request of the disqualified judge, hear a cause in the former district. Glenn-Tucker v. Clayton, (Indian Ter. 1902) 70 S. W. Rep. 8.

Proceedings for the removal of a convicted

person to the trial district for the purpose of being sentenced in accordance with law upon the verdict of guilty against him may be pursued under section 716, R. S., and this statute. In re Christian, (1897) 82 Fed. Rep. 885.

SEC. 3. [Clerks duties.] That the clerk of the United States court, in the Indian Territory, now in office, shall be clerk of the southern district, and the clerks of the central and northern districts shall be appointed by the respective judges thereof, and the clerk of each district shall reside and keep his office at one of the places of holding court in his district. He shall perform the same duties and be subject to the same liabilities as clerks of district courts of the United States, and, before entering upon his duties, he shall give bond in the sum of five thousand dollars, with two or more sureties, to be approved by the judge of the district conditioned that he will faithfully discharge his duties as required by law. Each of said clerks shall appoint a deputy clerk for each court in his district where he himself does not reside.

[Deputies-approval of deputies.] Such deputy clerk shall keep his office and reside at the place appointed for holding the court for which he is appointed, and shall keep the records of said court and shall receive a salary of one thousand two hundred dollars per annum: Provided, That the appointment of such deputy shall be approved by the judge of the district, and may be annulled by said judge for cause, which shall be stated on the records of the court, and the clerk shall be responsible for the official acts and negligence of his deputies.

[Salaries, etc. clerks may retain fees for certain duties.] Each of the clerks in said Territory shall receive a salary of three thousand dollars per annum, and in all cases where said clerks are authorized or required to perform duties other than those performed by the clerks of the district and circuit courts of the United States, they shall be entitled to retain, for their own use and benefit, such fees as may be allowed by law for such services. [28 Stat. L. 695.]

SEC. 4. [Commissioners-present commissioners.] That each judge of said court shall have the powers conferred by law upon the United States circuit courts to appoint commissioners within the district in which he presides, who, at the time of their appointment, shall be duly enrolled attorneys of some court of record of the United States or of some State, and shall be competent and of good standing, and shall be known as United States commissioners, but not exceeding six commissioners shall be appointed for any district herein before constituted: Provided, That the present commissioners shall be included in that number and shall hold office under their existing appointments, subject to removal by the judge of the district where said commissioners reside, for causes prescribed by law.

[Places and times of court.] The judge for each district may fix the place where, or the time when, each commissioner shall hold his regular terms of court.