if a crossing can be effected at any other place that is practicable. If either party shall be dissatisfied with the terms of the order made. by said referees it may appeal to the United States court of the Indian Territory for the district wherein such crossing or connection is sought to be made in the same manner as appeals are allowed from a judgment of a United States commissioner to said. court, and said appeal and all subsequent proceedings shall only affect the amount of compensation, if any, and other terms of crossing fixed by said referees, but shall not delay the making of said crossing or connection: Provided, That the corporation desiring such crossing or connection shall deposit with the clerk of the court the amount of compensation, if any is fixed by said referees, and shall execute and file with said clerk a bond of sufficient security, to be approved by the court or a judge thereof in vacation, to pay all damages and comply with all terms that may be adjudged by the court. Any railway company which shall violate or evade any of the provisions of this section shall forfeit for every such offense, to the person, company, or corporation injured thereby, three times the actual damages sustained by the party aggrieved. [32 Stat. L. 49.]

SEC. 18. [Automatic signals at crossings-approval by Interstate Commerce Commissioners common grade crossing.] That when in any case two or more railroads crossing each other at a common grade shall, by a system of interlocking or automatic signals, or by any works or fixtures to be erected by them, render it safe for engines and trains to pass over such crossing without stopping, and such interlocking or automatic signals or works or fixtures shall be approved by the Interstate Commerce Commissioners, then, in that case, it is hereby made lawful for the engines and trains of such railroad or railroads to pass over such crossing without stopping, any law or the provision of any law to the contrary notwithstanding; and when two or more railroads cross each other at a common grade, either of such roads may apply to the Interstate Commerce Commissioners for permission to introduce upon both of said railroads some system of interlocking or automatic signals or works or fixtures rendering it safe for engines and trains to pass over such crossings without stopping, and it shall be the duty of said Interstate Commerce Commissioners, if the system of works and fixtures which it is proposed to erect by said company are, in the opinion of the Commission, sufficient and proper, to grant such permission. [32 Stat. L. 49.]

SEC. 19. [Notice of intent to use signals at crossings-division of cost.] That any railroad company which has obtained permission to introduce a system of interlocking or automatic signals at its crossing at a common grade with any other railroad, as provided in the last section, may, after thirty days' notice, in writing, to such other railroad company, introduce and erect such interlocking or automatic signals or fixtures; and if such railroad company, after such notification, refuses to join with the railroad company giving such notice in the construction of such works or fixtures, it shall be lawful for said company to enter the right of way and tracks of such second company, in such manner as to not unnecessarily impede the operation of such road, and erect such works and fixtures, and may recover in any action at law from such second company onehalf of the total cost of erecting and maintaining such interlocking or automatic signals or works or fixtures on both of said roads. [32 Stat. L. 50.]

upon

SEC. 20. [Mortgages.] That all mortgages executed by any railway company conveying any portion of its railway, with its franchises, that may be constructed in said Indian Territory, shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of their execution,

and shall convey all rights, franchises, and property of said company as therein expressed. [32 Stat. L. 50.]

SEC. 21. [Amendment.] That Congress hereby reserves the right at any time to alter, amend, or repeal this Act, or any portion thereof. [32 Stat. L. 50.]

SEC. 22. [General extension of privileges extension of time.] That any railway company which has heretofore acquired, or may hereafter acquire, under any other Act of Congress, a railroad right of way in Indian Territory may, in the manner herein prescribed, obtain any or all of the benefits and advantages of this Act, and in such event shall become subject to all the requirements and responsibilities imposed by this Act upon railroad companies acquiring a right of way hereunder. And where the time for the completion of a railroad in Indian Territory under any Act granting a right of way therefor has expired, or shall hereafter expire, in advance of the construction of such railroad, or of any part thereof, the Secretary of the Interior may, upon good cause shown, extend the time for the completion of such railroad, or of any part thereof, for a time not exceeding two years from the date of such extension. [32 Stat. L. 50.]

SEC. 23. [Repeals application of this act.] That an Act entitled "An Act to provide for the acquiring of rights of way by railroad companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes," approved March second, eighteen hundred and ninety-nine, so far as it applies to the Indian Territory and Oklahoma Territory, and all other Acts or parts of Acts inconsistent with this Act are hereby repealed: Provided, That such repeal shall not affect any railroad company whose railroad is now actually being constructed, or any rights which have already accrued; but such railroads may be completed and such rights enforced in the manner provided by the laws under which such construction was commenced or under which such rights accrued: And provided further, That the provisions of this Act shall apply also to the Osages' Reservation and other Indian reservations and allotted Indian lands in the Territory of Oklahoma, and all judicial proceedings herein authorized, may be commenced and prosecuted in the courts of said Oklahoma Territory which may now or hereafter exercise jurisdiction within said reservations or allotted lands. [32 Stat. L. 50.]

The Act of March 2, 1899, ch. 374, above referred to, is given infra, under division IX. Miscellaneous Acts Relating to Indians.

An Act To change the boundaries between the southern and central judicial districts of the Indian Territory.

[Act of March 24, 1902, ch. 276, 32 Stat. L. 90.]

[SEC. 1.] [Judicial districts - change of boundaries.] 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 the Washita River, and up said 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. [32 Stat. L. 90.]

SEC. 2. [Central district - jurisdiction.] 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.

[32 Stat. L. 90.]

SEC. 3. [Additional commissioner.] 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. [32 Stat. L. 90.]

An Act For the protection of cities and towns in the Indian Territory, and for other purposes. [Act of May 19, 1902, ch. 816, 32 Stat. L. 200.]

[SEC. 1.] [Municipal bonds.] That any incorporated city or town in the Indian Territory having a population of two thousand or more is hereby authorized to issue bonds and borrow money thereon, to be used for the construction of sewers and waterworks and the building of schoolhouses; such bonds not to exceed an amount, the interest on which at five per centum per annum would be liquidated by a tax of five mills upon the dollar of the valuation of the taxable property in such city or town, to be ascertained by the last assessment for purposes of taxation; that before such bonds shall be issued the same shall be authorized by a two-thirds majority of the qualified voters of such city or town voting at an election held for that purpose, notice of which shall be published for four consecutive weeks prior thereto in a newspaper of general circulation published in such municipality: Provided, That such bonds shall not be issued. until it shall be made to appear to the satisfaction of the judge of the United States court for the judicial district in which such municipality is located, by petition of the mayor and council thereof, that all the requirements of this section have been complied with, who shall thereupon cause to be entered upon the minutes of his court a judgment or decree reciting the facts as he finds them to be: Provided, however, That before any election shall be held for the purposes herein named a census shall be taken and the population of said municipality ascertained by some suitable person, or persons, appointed for that purpose by the said judge of the district court, who shall make a sworn return to said judge showing the number of inhabitants thereof, and that the judgment or decree shall set forth the population and taxable wealth of the municipality, and said order or decree shall be printed on said bond and made a part thereof and shall be final and conclusive against said municipality in any litigation on said bonds. [32 Stat. L. 200.]

SEC. 2. [Provisions of bonds-rate of interest.] That such bonds shall contain all necessary and usual provisions expressing the contract, shall be signed by the mayor, and countersigned by the treasurer of such municipality, who shall keep a proper record of such bonds. Said bonds shall not bear a rate of interest exceeding five per centum per annum, payable semiannually, and none of said bonds shall be sold at less than their par value. [32 Stat. L. 200.]

SEC. 3. [Annual tax limit of additional bonds.] That any municipality incurring any indebtedness for the purposes provided for in this Act shall, by ordinance which shall be irrepealable, provide for the collection of an annual tax sufficient to pay the interest on such bonds, as the same falls due, and also to pay and discharge the principal thereof within twenty years from the date of contracting the same: Provided, That if any municipality shall have the

authority under any special Act to issue its bonds, the amount of the bonds issued under the special Act shall be first deducted, and there shall only be issued under this Act such additional bonds as shall not exceed the limit provided in this Act. [32 Stat. L. 200.]

[Commission to Five Civilized Tribes - Creek roll-rules for descent.] For salaries of four commissioners appointed under Acts of Congress, approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars: Provided, That said commission shall exercise all the powers heretofore conferred upon it by Congress: Provided further, That all children born to duly enrolled and recognized citizens of the Creek Nation up to and including the twenty-fifth day of May, nineteen hundred and one, and then living, shall be added to the rolls of citizenship of said nation made under the provisions of an Act entitled "An Act to ratify and confirm an agreement with the Muscogee or Creek tribe of Indians and for other purposes,' approved March first, nineteen hundred and one, and if any such child has died since the twenty-fifth day of May, nineteen hundred and one, or may hereafter die, before receiving his allotment of land and distributive share of the funds of the tribe, the lands and moneys to which he would be entitled if living shall descend to his heirs and be allotted and distributed to them accordingly: And provided further, That the Act entitled "An Act to ratify and confirm an agreement with the Muscogee or Creek tribe of Indians, and for other purposes,' approved March first, nineteen hundred and one, in so far as it provides for descent and distribution according to the laws of the Creek Nation, is hereby repealed and the descent and distribution of lands and moneys provided for in said Act shall be in accordance with the provisions of chapter forty-nine of Mansfield's Digest of the Statutes of Arkansas in force in Indian Territory. [32 Stat. L. 258.]

This is part of section 1 of the Indian Appropriation Act of May 27, 1902, ch. 888. Res. No. 24, May 27, 1902, 32 Stat. L. 742, provided that the Act "shall take effect from and after July first, nineteen hundred and two, except as otherwise specially provided therein."

The Act of March 1, 1901, to which the text refers is ch. 676, 31 Stat. L. 861, which is not printed in this work. The last proviso in the text is substantially re-enacted in an Act of June 30, 1902, "to ratify and confirm

66

a supplemental agreement with the Creek tribe of Indians, and for other purposes." Ch. 1323, sec. 6, 32 Stat. L. 501, which adds the following: Provided, That only citizens of the Creek Nation, male and female, and their Creek descendents [sic] shall inherit lands of the Creek Nation; And provided further, That if there be no person of Creek citizenship to take the descent and distribution of said estate, then the inheritance shall go to noncitizen heirs in the order named in said chapter 49."

[Appointment of commissioner on failure of Indian appointee, etc. - de finition of limits of small towns.] That hereafter the Secretary of the Interior may, whenever the chief executive of the Choctaw or Chickasaw nations fails. or refuses to appoint a town-site commissioner for any town, or to fill any vacancy caused by the neglect or refusal of the town-site commissioner, appointed by the chief executive of the Choctaw or Chickasaw nations to qualify or act, in his discretion, appoint a commissioner to fill the vacancy thus created: Provided further, That the limits of such towns in the Cherokee, Choctaw, and Chickasaw nations having a population of less than two hundred people, as in the judgment of the Secretary of the Interior should be established, shall be defined as early as practicable by the Secretary of the Interior in the same

manner as provided for towns having over two hundred people under existing law, and the same shall not be subject to allotment. That the land so segregated and reserved from allotment shall be disposed of, in such manner as the Secretary of the Interior may direct, by a town-site commission, one member to be appointed by the Secretary of the Interior and one by the executive of the nation in which such land is located; proceeds arising from the disposition of such lands to be applied in like manner as the proceeds of other lands in town sites. [32 Stat. L. 259.]

This is part of section 1 of the Indian Appropriation Act of May 27, 1902, ch. 888. Res. No. 24, May 27, 1902, 32 Stat. L. 742, provided that the Act "shall take effect from

and after July first, nineteen hundred and two, except as otherwise specially provided therein."

[Lawful possessors of town sites-share in lands.] That it shall hereafter be unlawful to remove or deport any person from the Indian Territory who is in lawful possession of any lots or parcels of land in any town or city in the Indian Territory which has been designated as a town site under existing laws and treaties, and no part of this appropriation shall be used for the deportation or removal of any such person from Indian Territory: Provided, That the just and reasonable share of each member of the Chickasaw, Choctaw, Creek, and Cherokee nations of Indians, in the lands belonging to the said tribes, which each member is entitled to hold in his possession until allotments are made, as provided in the Act entitled "An Act for the protection of the people of the Indian Territory, and for other purposes," approved June twenty-eighth, eighteen hundred and ninety-eight, be, and the same is hereby, declared to be three hundred and twenty acres for each member of the Chickasaw Nation, three hundred and twenty acres for each member of the Choctaw Nation, one hundred and sixty acres for each member of the Creek Nation, and one hundred acres for each member of the Cherokee Nation. [32 Stat. L. 259.]

This is part of section 1 of the Indian Appropriation Act of May 27, 1902, and follows an appropriation "for the purpose of removing intruders and placing allottees in unrestricted possession of their allotments."

Res. No. 24, May 27, 1902, 32 Stat. L. 742, provided that the Act "shall take effect from and after July first, nineteen hundred and two, except as otherwise specially provided therein."

SEC. 8. [Western judicial district created-boundaries - terms.] That the part of the northern district of the Indian Territory consisting of the Creek country, the Seminole country, and all that portion of the Cherokee and Choctaw nations included in the following-described boundaries, to wit: Commencing at the northeast corner of the Creek Nation and running east on the line between townships nineteen and twenty, to its intersection with the dividing line between ranges twenty and twenty-one, east, thence south on said line to its intersection with the Arkansas River, thence down the Arkansas River to its intersection with the Canadian River, thence up the Canadian River to its intersection with the dividing line between ranges twenty and twenty-one, east, thence south to the intersecting line between townships seven and eight, thence west on the intersecting line between townships seven and eight to the Creek Nation, be, and the same is hereby, made the western district in said Territory, and the places of holding courts in said western district shall be Muscogee, Wagoner, Sapulpa, Wewoka, Eufaula and Okmulgee.

[Judge.] The judge appointed under the Act entitled "An Act making appropriations for the current and contingent expenses of the Indian Depart