Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-03-14

tory, and appellate jurisdiction of
all cases tried before said commits.
sioners, acting as justices of the
peace, where the amount of the
Judgment exceeds 500.
All hws heretofore enacted con.
ferring jurisdiction upon United
States courts held in Arkansas,
Kansas, and Texas, outside of the
limits of the Indian Territory, as
defined by law as to offenses com.
mitted in said Indian ! erritory, as
herein provided. are hereby re.
pealed, to take effect on Septem.
Der 1, 1896; and the jurisdiction
now conferred by law upon said
courts is hereby given from and
after the date aforesaid to the
United States court in the Indian
Territory: Provided, That in all
criminal cases where said courts
outside of the Indian Territory
shall have, on September 1, 1896,
acquired jurisdiction, they shall
retain jurisdiction to try and final.
ly dispose of such cases. Every
case, civil or criminal, pending in
the United States court in the In
dian Territory shall be tried and
disposed of by the court where the
same is pending, unless the venue
therein be changed, as herein pro-
vided.
SEC. 10. That 1t shall be the duty
of the 'marshals appointed under
this act to provide under the direc-
tion and with the approval of the
judge of the district suitable build.
ings and rooms for holding said
courts in their respective districts.
They shall also procure suitable
offices for the clerks and marshals.
Any contract for these purposes
shall be approved by the judge
only after personal inspection of
the premises leased, and any con.
tract for a period longer than six
months shall be reported 20 the
attorney general for his approval.
Said marshals Shall also provide
suitable prisons in each district at
the places of holding said court for
the confinement and fe.keeping
of all prisoners committed by said
court and the commissioners APP
pointed under this act and all other
prisoners in legal custody.
SEC. IL. That the judges of said
court shall constitute a court ofap-
peals, to be presided over by the
Judge oldest in commission as
chief justice of said court, aud said
court shall have such jurisdiction
and powers in said Indian Terri
tory and such general superintend-
ing control over the courts thereof
as is conferred upon the supreme
court of Arkansas over the courts
thereof by the laws of said state,
as provided by chapter 40 OF
Mansheld's digest of the laws of
Arkansas, and the provisions of
said chapter, so far as they relate
TO the jurisdiction and powers Of
said supreme court of Arkansas,
as to appeals and writs of error,
and as TO the trial and decision of
causes, so far as they are appli-
cable, shall be, and they are here
by extended over and put in force
in the Indian Territory; and APP
peals and writs of error from said
court in said districts to said APP
pellate court in criminal cases,
shall be prosecuted under the pro-
visions of chapter 46 Of said Mans
fields digest, by this act put in
force in the Indian Territory. But
no one OF said judges shall sit in
said appellate court in the deter
minatiun of any cause in which an
appeal is prose cuted from the de
cision of any court over which he
presided. In case of said pre-
siding judge being absent, the judge
next oldest in commission shall
preside over said appellate court
and in such case two Of said judges
shall constitute quorum. In all
cases where the court is equally
divided in opinion, the judgment
of the court below shall stand af-
firmed.
Writs of error and appeals from
the final decision OF said appellate
court shall be allowed, and may
be taken to the circuit court of APP
peals for the eighth judicial circuit
! in the same manner and under the
same regulations as appeals are
taken from the circuit courts OF
the United States Said appellate
court shall appoint its own clerk
who shall hold his office at the
pleasure of said court. and who
shall receive a salary of al 200 per
annum. The marshal of the dis
trict wherein such appellate court
shall he held shall be marshal Of
such court Said appellate court
shall be held at South McAlester,
ip the Choc;aw Nation, and it shall
hold two terms in each year, at
such times and for sucn periods as
may be fixed by the court.
SIC. II. That there shall be al
lowed to said attorneys. mar,hals,
and clerks of the court of appeals
and district courts the same ices as
are allowed to like officers in
chapter l6, Title judiciary of the
revised statutes of the United
States and are as allowed in
chapter 69 Of the laws of Arkansas
in all cases where such fees or tax
ed costs are paid by individuals or
corporations, and they shall each
keep careful account of all such
fees collected by him, and account
TO the clerk OF the court of appeals
for all of the same in excess of
their respective salaries, making
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