The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1898-01-23
: Complete Copy of the Curtis Bill Referred to the
Committee Indian Affairs and Introduced
i'm the House the 18th Inst.
A BILL FOR THE PROTECTION OF THE
People of the Indian Territory Providing for the Laying
Out of Towns, the Leasing of Coal and Other Min
eraI. Timber, Earning and Grazing Lands, &C.

4 the same with any person over the
age of twelve years upon the prem
/ ises sought to be recovered and de-
scribed in said notice; and if there
be no person with whom said notice
can be left, ther by posting same on
premises.
Sec 5. That the summons shall
not issue in such action until the
chief or governor of the tribe or per-
son or persons bringing suit in his
own behalf shall have filed a sworn
complaint on behalf of the tribe or
himself, with the court, which shall,
as near as practicable, describe the
premises so entered upon or de-
tanned, and shall set forth either an
unlawful and forcible entry and de-
tention or an unlawful and forcibIe
detention after a peaceful entry, or
a detention without the consent of
the person bringing said suit or the
tribe, by one whose membership is
denied by it: Provided, That if the
! Va SONOAAOA vi ldll 10
bring suit in behalf of the tribe, then
any member of the tribe may make
complaint and bring said suit.
Sec. s. That the court in granting
a continuance of any case, particu-
larly under section three, may, in its
discretion, require the defendant ap-
plying therefor to give an undertak-
ing to the adverse party with good
and sufficient securities, to be ap-
proved by the judge of the court,
conditioned for the payment of all
damages and costs and defraying the
rent which may accrue if judgmen=
be rendered against him.
Sec. I. That when a judgment or
restitution shall be entered by the
court the clerk shall, at the request
OF plaintiff or his attorney, issue a
writ of execution thereon, which
shall command the proper officer of
the court to cause the defendant or
defendants to be forthwith removed
and eJected from the premises and
the plaintiff given complete and nm
/ t..
he writ shall also command the said
officer to levy upon the property of
the defendant or defendants subject
to execution and also collect there
from the costs of the action and all
! accrulng costs in the service of the
writ. Said writ shall be executed
within ten days.
/ The Jurisdiction of the said Fort
Smith for police purposes in the
state of Arkansas is hereby extended
: over all that strip of land in the In
dian Territory lying and being stu
ate between the corporate limits of
the said city of Fort Smith and the
Arkansas and Poteau rivers and ex-
tending up the said Poteau river to
the mouth of Mill creek, and all the
laws and ordinances of said city, as
far as the same are applicable, are
hereby put in force therein: Pro-
vided, That no charge or tax shall
ever be made or levied by said city
against said land or the tribe or ma
! tion to whom it belongs.
Sec, 8. That all actions for resti-
| tuition, electment, and possession of
real property under this Act must be
/ commenced by the service of a sum-
mons within two years after the pas
sage of this Act where the wrongful
entry, detention, and possession be-
gan prior to the date of its passage,
and all actions which shall be com
menced hereafter, based upon wrong
full entry, detention, and possession
committed since the passage of this
Act, must be commenced within two
years after the cause of action ac-
crued. And nothing in this Act shall
take away the right to maintain an
action for unlawful and forcible
entry and detainer given by the act
of congress passed May second,
eighteen hundred and ninety
| (Twenty-sixth United States Stat
utes, page ninety-fiye.)
Sec 8. That when the roll of citi-
zenshlp of any one of said nations
or tribes is fully completed, as pro-
vided by law, and the survey of the
lands of said nation or tribe is also
completed, the commission hereto
fore appointed under acts of con-
gress, and known as the dawes
Commission, shall proceed to allot
the exclusive use and occupancy of
the surface of all the lands of said
nation or tribe susceptible of allot-
ment among the citizens thereof, as
shown by said roll giving to each,
so far as possible, his fair and equal
ture and fertility of the soil, loca-
ton, and value of same. All valua-
bic oil, coal, asphalt, and mineral
deposits in the lands are reserved to
the several tribes whether to be al
lotted or reserved therefrom and all
toWnsltes shall also be reserved to
the several tribes, and shall be set
apart as incapable of division. There
snail also be reserved from allot-
ment sufficient amonnt of lands
now occupied by churches, schools,
parsonages, charitable institutions,
ana other public buildings for their
present actual and necessary use and
no more, not to exceed five acres for
each school and one acre for each
church and each parsonage, and for
such new schools as may be needed;
also sufficient land for burial grounds
wnere necessary. When such aIlot- |