Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-02-14
MORGAN'S AMENDMENT

exceeds twenty dollars, and origie
nal jurisdiction of causes transfer
red into said courts from the In
dian courts.
Any cause pending lin any In
dian court at the date of the APP
proval of this act shall, on the
motion of any party thereto, be
transferred into the United States
court of the district where the
cause of action originated, or in
which any defendant resides, for
trial as an original cause, and, for
the period of two years from the
approval of this act, said Indian
courts shall have jurisdiction to
hear and determine all cases now
pending therein that shall not be
transferred, after which date their
jurisdiction shall cease and the pa.
pers and transcript of the record
in all causes pending in said In.
dian courts which are not decided
shall then be transferred into such
United States courts for trial: Pro.
vided, That the jurisdiction of the
Indian courts relating to the ad-
ministration and settlement of the
estates of deceased persons, and
to guardians, and the accounting
of executors, administrators, and
guardians, and their appointment
and qualification or removal shall
be changed by law. Adminisira-
tors and executors of defendants,
and guardians and trustees shall
continue, except as the same shall
be held liable to suits in the Unit
ed States courts upon demands,ob
legations, and liabilities that may
exist against the estates they rep.
resent.
All laws heretofore enacted, con.
: ferring jurisdiction upon United
States courts held in Arkansas and
Texas, outside of the limits of the
Indian Territory, as herein de.
fined, las to causes of action arising
or offenses committed il said In.
dian Territory, except an herein
provided are hereby repealed. and
such jurisdiction as is now con.
ferred by law upon said courts is
hereby given to the courts created
by this act in said territory: Pro.
vided, That in all criminal cases
where said courts outside of the
Indian Territory have, when this
act takes effect, acquired jurisdic-
tion of the persons of the defend.
ants by arrest, they shall retain
jurisdiction to try and finally dis.
pose of such cases and shall retain
jurisdiction to try all civil cases
pending therein at the date of this
act; but all other criminal cases in
which the offense is charged to
have been committed in the In
dian Territory shall be transferred
to the courts herein created, to-
gether with all original papers be-
longing to the same, and a copy of
all proceedings of record therein
All cases, civil and criminal, now
pending in the United States court
in the Indian Territory shall be
tried and disposed of by the courts
in the districts where the same are
now pending, unless the venue
therein be changed.
SEC. 10. That it shall be the
duty of the marshals appointed
under this act to provide, under
the direction and with the approv-
al of the judge of the district, suit
able buildings and rooms for hold.
ing the district courts of their res
peclive districts. They shall also
procure suitable offices for the
clerks and marshals. ANY con-
tracts for these purposes shall be
approved 10y the judge only after
personal inspection of the premises
leased, and any contract for a per.
iod longer than six months shall
be reported to the attorney-gener-
al for his approval. Said mar
shals shall also provide suitable
prisons at the place of holding dis
trict courts for the confinement
and safekeeping OF all prisoners
committed by order Of said district
courts and the commissioners APP
pointed under this act, and all
other prisoners in legal custody.
SEC. IL. That the judges OF said
district courts, together with the
judges of the United States dis
trict court for the western district
of Arkansas, shall constitute a
United States circuit court Of APP
peals, 20 be presided over by the
judge of the United States district
court for the western district of
Arkansas, as chief justice Of said
court, and said court shall have
such jurisdiction and powers in
said Indian Territory, and such
general experimenting control
over the courts thereof as is con.
ferred upon the supreme court OF
Arkansas over the courts thereof
by the laws of said state, az pro.
vided by chapter forty Of Mans
fields digest of the laws of Arkan.
sas, and the provisions of sal d
chapter, so far as they relate to the
jurisdiction and powers of said SUI
preme court OF Arkansas as to ap-
peals and writs of error, and as
to the trial and decision Of causes,
so far as they are applicable, shall
be, and they are hereby, extended
over and put in force in the In.
dian Territory, and appeals and
writs of error from said district
courts to said appellate court, in
criminal cases, shall be prosecuted
under the provisions Of chapter
forty-six OF said Mansfield's di-
gest, by this act put in force in the
Indian Territory. But no one OF