Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-01-28

aud locate The ninety eighth merid-
ian Of west longitude between Red
aud Canadian rivers before allot-
ment Of lands herein provided for
shall begin.
SEC. 10. That the use of the
lands each of the Cherokee, Mus
cogeo Cor Creek) and Seminole
tribes shall be allotted equally
among their respective citizens in
the same manner and with the
same exemptions ss hereinbefUre
provided for the lands of tie Choc-
taw and Chickasaw tribes. except
that there shall be no reservation
Of minerals, oil, coal, natural gas,
or asphalt: Provided, That there
shall be reserved from allotment
in each OF the five tribes so much
land as said commission may deem
actually necessary, upon which
churches and schoolhouses outside
Of tho towns are located and also
sufficient land for a cemetery for
each town convenient thereto, not
to exceed five acres.
SEC. IL. That the aforesaid COM
mission shall set apart in each of
the five tribes, by metes and
bounds, land for town sites where
towns are now located, aud at such
other places as they may select,
providing for each town so much
land as may be necessary for the
probable growth of such town; but
land for no new town shall be set
apart nearer than three miles to an
existing town
SEC. -. That the United States
courts now existing or that may
hereafter be created in the Indian
Territory shall have exclusive ia.
risdiotion Of all controversies grow.
ing out of the title, ownership, uc.
cupation, possession, or use OF real
estate and minerals, including oil,
coal, natural gas, and asphalt,
within TIE territory, and of all per-
sons charged with homicide, EN-.
hezzlement, bribery, and embrac-
cry hereafter committed in said
territory, without reference to race
OF citizenship of the person or per-
sons charged with such crime; and
any citizen or officer Of the Choc.
taw, Chiokasaw, Cherokee, Mus.
cogee (or Creek), or Seminole ma
tions charged with such crimes
shall be tried and, if convicted,
punished as though he were a citi-
zen or officer Of the United States;
and sections 1886 to 1914, inclu.
siye, entitled Embezzlemeut, "and
sections 1911 to 171S, inclusive,
entitled BRIBERY and embracery,'
OF Mansfield's Digest of the Laws
OF Arkansas, are hereby extended
over and put in force in the Inlian
Territory, and the word "oliicer"
where .he same appears in said
laws shall include ali officers of the
Choctaw, Chickasaw, Cherokee,
MuscOgee Cor Creek), or Seminole
governments; and the 10Th section
OF the act of congress entitled can
Act 10 establish United States
courts in the Indian Territory, and
for other purposes" approved
March /, 1889, limiting jurors to
citizens Of the United States, shall
be held not to apply to United
States courts in the Indian Terri
tory; and all citizens of the sfore-
said five tribes, otherwise qualified,
shall be competent jurors in said
courts: Provided, That whenever
a citizen of the Choctaw, Chicka-
saw, { herokee, Muscogee Cor Creek
or Seminole nations is indicted for
homicide, he may, within ten days
alter such indictment and his ar
rest thereon, and before the same
is reached for trial, file with the
clerk Of the court in which he is
indicted his affidavit that he can.
not get a lair trial in said court;
and IL thereupon shall be the duty
of the judge Of said court 20 order
change Of venue in such case TO
the United States district court for
the western district of Arkansas, at
Fort Smith, Arkansas, or to the |
United States district court for the |
eastern district Of Texas, at Paris,
Texas, always selecting the court
that in his judgment is nearest or
most convenient TO the place where
the crime charged IN tho indict-
ment is supposed to have been
committed, which courts shall have
jurisdiction TO try the same. And |
in all said civil suits said courts of |
the Indian Territory shall have
full equity powers. And whenever
1t shall appear to said court, at any
stage in the hearing of any case,
that any one Of the tribes is in any /
way interested in the subject.mat-
ter in controversy, it shall have /
power to summon in said tribe and |
make the same party to the suit,
and procet d therein in all respects
as il such tribe were an original |
party thereto. But in no case
shall suit be instituted against any
one OF the tribal governments with
out its consent.
SEC. 13 That no act, ordinance !
or resolution Of the council Of |
either OF the aforesaid five tribes
in any manner affecting the land |
Of the tribes, or Of individuals af.
ter allotment, or the moneys or
other property Of the tribe, or citi-
zeas thereof Except appropriations
for the regular and necessary ex-
pense Of the government of the re-
spective tribes or the rights of
any person to employ any kind Of
labor, or the rights OF any persons
who have taken or may take the
oath If allegiance 10 the United
Gt.so. I'LL A.. - .-, ...IsI.t..