Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-03-07


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 laws 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
miited in said Indian I erritory, as
herein provided, are hereby re-
pealed, to take effect on Septem.
Der /, 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, Oh 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 it 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 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 safe.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, and 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
Mansield'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 10 the trial and decision oI
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 ap
peals and writs of error from sale
court in said districts to said ap
pellate court in criminal cases
} shall be prosecuted under the pro
visions of chapter 46 of said Mans
fields digest, by this act put il
force in the Indian Territory. Blu
no one OF said judges shall sit ia
said appellate court in the deter
mination of any cause in which al
appeal is prosecuted from the de
cision of any court over which h,
presided. In case of said pre-
siding judge being absent, the judg,
J next oldest in commission shall
preside over said appellate cour
and in such case two of said judge
shall constitute a quorum. In al
cases where the court is equal
, divided in opinion, the judgmen
of the court below shall stand al
firmed.
: Writs of error and appeals from
, the final decision OF said appellat,
! court shall be allowed, and MAJ
be taken to the circuit court of ap
peals for the eighth judicial circui
in the same manner and under thu
same regulations as appeals arr
taken from the circuit courts o
, the United States. Said appellat,
court shall appoint its own clerk
} who shall hold his office at the
pleasure of said court. and whC
shall receive a salary of 81 200 pei
annum. The marshal of the dis
trict wherein such appellate cour
shall be held shall be marshal o.
such court. Said appellate court
shall be held at South McAlester
10 the Choctaw Nation, and it shal
hold two terms in each year, al
such times and for such periods as
may be fixed by the court.
SIC. II. That there shall be al
lowed to said attorneys, marshals
and clerks Of the court Of appeals
and district courts the same fees 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 SO Of the laws of Arkansas
in all cases where such fees or tax
ed costs are paid by individuals OF
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