the direction of a commission to be composed of the Secretary of War, the Secretary of the Navy, the chairman of the Committee on the Library of the Senate, and the chairman of the Committee on the Library of the House of Representatives

SEC. 2. That the commission herein created is empowered to select a site for the statue authorized by this Act on ground belonging to the Government: Provided, That said statue shall not be located in the grounds of the Capitol or Library of Congress. Approved, June 8, 1906.

$50,000.00

[PUBLIC-No. 271.]

By the Act Providing for the retirement of petty officers and enlisted men of the
Navy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in computing the necessary thirty years' time for the retirement of petty officers and enlisted men of the Navy, all service in the Army, Navy, or Marine Corps shall be credited.

Approved, June 22, 1906.

[PUBLIC-No. 237.]

By the Act To extend the provisions of the Act of March third, nineteen hundred and one, to officers of the Navy and Marine Corps advanced at any time under the provisions of sections fifteen hundred and six and sixteen hundred and five for eminent and conspicuous conduct in battle.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That officers of the Navy and Marine Corps advanced in rank for eminent and conspicuous conduct in battle or extraordinary heroism, and who since such advancement have been or may hereafter be promoted, shall from the date of the passage of this Act be carried as additional numbers of each grade in which they serve.

Approved, June 16, 1906.

[PUBLIC NO. 375.]

By the Act To authorize the appointment of Acting Assistant Surgeon Reuben A.
Campbell, United States Navy, as an assistant surgeon in the United States Navy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint Acting Assistant Surgeon Reuben A. Campbell, United States Navy, as an assistant surgeon in the United States Navy with the rank of lieutenant (junior grade), to take rank and position at the foot of the list, whenever, before the expiration of his present acting commission, he shall successfully pass the examination prescribed by law for the appointment of medical officers of this grade. Approved, June 30, 1906.

[PUBLIC NO. 376.]

By the Act For the relief of James H. Oliver, a commander on the retired list of the United States Navy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to appoint James H. Oliver, now a commander on the retired list of the United States Navy, to the grade of commander on the active list of the United States Navy: Provided, That the said James H. Oliver shall establish to the satisfaction of the Secretary of the Navy, by examination pursuant to law, his physical, mental, moral, and professional fitness to perform the duties of that grade: Provided further, That the said James H. Oliver shall be carried as additional to the number of the grade to which he may be appointed under this Act or at any time thereafter promoted: And provided further, That said James H. Oliver shall not by the passage of this Act be entitled to back pay of any kind.

Approved, June 30, 1906.

[PUBLIC NO. 377.]

By the Act For the relief of Francis J. Cleary, a midshipman in the United States

Navy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to nominate and, by and with the advice and consent of the Senate, to appoint Francis J. Cleary, now a midshipman in the United States Navy, to the grade and rank of ensign on the active list of the Navy, to take rank with the members of his class according to proficiency as shown by order of merit at the date of final graduation: Provided, That the said Cleary shall be an additional number in the grade of ensign, and in any grade in which he may hereafter be advanced.

Approved, June 30, 1906.

[PUBLIC-No. 380.]

By the Act To reinstate Kenneth G. Castleman as a lieutenant in the Navy.

Be it enacted by the Senate and House of Representatives of the Trited States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to appoint, by and with the consent of the Senate, Kenneth G. Castleman a lieutenant on the active list of the Navy, to take rank next after Lieutenant Willis G. Mitchell, United States Navy, subject to the usual examination for such grade.

SEC. 2. That the said Kenneth G. Castleman shall be additional to the number of officers prescribed by law for the grade of lieutenant in the Navy and to any grade to which he may hereafter be promoted, and that for the purpose of computing his pay the time of his former service as an officer in the United States Navy, from September, eighteen hundred and ninety-two, to January, nineteen hundred and five, namely, the period of twelve years and three months, shall be allowed in the longevity estimate.

Approved, June 30, 1906.

By the Act For the relief of Henry E. Rhoades, assistant engineer, United States Navy, retired.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is hereby authorized and directed to transfer Assistant Engineer Henry E. Rhoades, upon the retired list of the United States Navy, from the half-pay list to the seventy-five per centum pay list of retired officers, under section fifteen hundred and eighty-eight of the Revised Statutes of the United States, to take effect from the date of his retirement.

Approved, May 26, 1906.

[PRIVATE-NO. 1936.]

By the Act For the relief of Theodore H. Bishop.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized to remove the charge of disobedience to orders and absence without leave now standing against the record of Theodore H. Bishop, late of the United States Navy, and issue to him an honorable discharge.

Approved, May 5, 1906.

[PRIVATE-NO. 3258.]

By the Act To remove the charge of desertion from the naval record of John McCauley, alias John H. Hayes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized and directed to remove the charge of desertion now borne on the records of the Navy Department against the name of John McCauley, alias John H. Hayes, late of the United States ship Agawam.

Approved, June 29, 1906.

[PUBLIC-No. 234.]

By the Act To enable the people of Oklahoma and of the Indian Territory to form a constitution and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of New Mexico and of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of all that part of the area of the United States now constituting the Territory of Oklahoma and the Indian Territory, as at present described,

may adopt a constitution and become the State of Oklahoma, as hereinafter provided: Provided, That nothing contained in the said constitution shall be construed to limit or impair the rights of person or property pertaining to the Indians of said Territories (so long as such rights shall remain unextinguished) or to limit or affect the authority of the Government of the United States to make any law or regulation respecting such Indians, their lands, property, or other rights by treaties, agreement, law, or otherwise, which it would have been competent to make if this Act had never been passed.

SEC. 2. That all male persons over the age of twenty-one years, who are citizens of the United States, or who are members of any Indian nation or tribe in said Indian Territory and Oklahoma, and who have resided within the limits of said proposed State for at least six months next preceding the election, are hereby authorized to vote for and choose delegates to form a constitutional convention for said proposed State; and all persons qualified to vote for said delegates shall be eligible to serve as delegates; and the delegates to form such convention shall be one hundred and twelve in number, fifty-five of whom shall be elected by the people of the Territory of Oklahoma, and fifty-five by the people of Indian Territory, and two shall be elected by the electors residing in the Osage Indian Reservation in the Territory of Oklahama; and the governor, the chief justice, and the secretary of the Territory of Oklahoma shall apportion the Territory of Oklahoma into fifty-six districts, as nearly equal in population as may be, except that such apportionment shall include as one district the Osage Indian Reservation, and the governor, the chief justice, and the secretary of the Territory of Oklahoma shall appoint an election commissioner who shall establish voting precincts in said Osage Indian Reservation, and shall appoint the judges for election in said Osage Indian Reservation; and two delegates shall be elected from said Osage district; and the Commissioner to the Five Civilized Tribes, and two judges of the United States courts for the Indian Territory, to be designated by the President, shall constitute a board, which shall apportion the said Indian Territory into fifty-five districts, as nearly. equal in population as may be, and one delegate shall be elected from each of said districts; and the governor of said Oklahoma Territory, together with the judge senior in service of the United States courts in Indian Territory, shall, by proclamation in which such apportionment shall be fully specified and announced, order an election of the delegates aforesaid in said proposed State at a time designated by them within six months after the approval of this Act, which proclamation shall be issued at least sixty days prior to the time of holding said election of delegates. The election for delegates in the Territory of Oklahoma and in said Indian Territory shall be conducted, the returns made, the result ascertained, and the certificates of all persons elected to such convention issued in the same manner as is prescribed by the laws of the Territory of Oklahoma regulating elections for Delegates to Congress. That the election laws of the Territory of Oklahoma now in force, as far as applicable and not in conflict with this Act, including the penal laws of said Territory of Oklahoma relating to elections and illegal voting, are hereby extended to and put in force in said Indian Territory until the legislature of said proposed State shall otherwise provide, and until all persons offending against said laws in the election aforesaid shall have been dealt with in the manner therein provided. And the United States courts of said Indian Territory shall have the same power to enforce the laws of the Territory of Oklahoma, hereby extended to and put in force in said Territory, as have the courts of the Territory of Oklahoma: Prorided, however, That said board to apportion districts in Indian Territory shall, for the purpose of said election, appoint an election commis

sioner for each district who shall distribute all ballots and election supplies to the several precincts in his district, receive the election returns from the judges in precincts, and deliver the same to the canvassing board herein named, establish and define the necessary election precincts, and appoint three judges of election for each precinct, not more than two of whom shall be of the same political party, which judges may appoint the necessary clerk or clerks; that said judges of election, so appointed, shall supervise the election in their respective precincts, and canvass and make due return of the vote cast, to the election commissioner for said district who shall deliver said returns, poll books, and ballots to said board, which shall constitute the ultimate and final canvassing board of said election, and they shall issue certificates of election to all persons elected to such convention from the various districts of the Indian Territory, and their certificates of election shall be prima facie evidence as to the election of delegates: Provided further, That in said Indian Territory and Osage Indian Reservation, nominations for delegate to said constitutional convention may be made by convention, by the Republican, Democratic, and People's Party, or by petition in the manner provided by the laws of the Territory of Oklahoma; and certificates and petitions of nomination in said Indian Territory shall be filed with the districting and canvassing board who shall perform the duties of election commissioner under said law, and shall prepare, print, and distribute all ballots, poll books, and election supplies necessary for the holding of said election under said laws. The capital of said State shall temporarily be at the city of Guthrie, in the present Territory of Oklahoma and shall not be changed therefrom previous to anno Domini nineteen hundred and thirteen, but said capital shall, after said year, be located by the electors of said State at an election to be provided for by the legislature: Provided, however, That the legislature of said State, except as shall be necessary for the convenient transaction of the public business of said State at said capital, shall not appropriate any public moneys of the State for the erection of buildings for capitol purposes during such period.

SEC. 3. That the delegates to the convention thus elected shall meet at the seat of government of said Oklahoma Territory on the second Tuesday after their election, excluding the day of election in case such day shall be Tuesday, but they shall not receive compensation for more than sixty days of service, and, after organization, shall declare, on behalf of the people of said proposed State, that they adopt the Constitution of the United States; whereupon the said convention shall, and is hereby authorized to, form a constitution and State government for said proposed State. The constitution shall be republican in form, and make no distinction in civil or political rights on account of race or color, and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. And said convention shall provide in said constitution

First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship, and that polygamous or plural marriages are forever prohibited. Second. That the manufacture, sale, barter, giving away, or otherwise furnishing, except as hereinafter provided, of intoxicating liquors within those parts of said State now known as the Indian Territory and the Osage Indian Reservation and within any other parts of said State which existed as Indian reservations on the first day of January, nineteen hundred and six, is prohibited for a period of twenty-one years from the date of the admission of said State into the Union, and thereafter until the people of said State shall otherwise provide by amendment of said constitution and proper State legislation. Any