INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FIFTY-SEVENTH CONGRESS-FIRST SESSION, 1902.
CHAP. 134 | CHAP. 276 | CHAP. 816 | CHAP. 888 | CHAP. 946 | CHAP. 1137 | CHAP. 1156 | J.R. 24

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Chapter 888
Sections 7 | 8

Margin Notes
Chap. 888 Commission to Five Civilized Tribes.
   [32 Stat., 258.]
   Post, p. 729.
Chap. 888 Provisos. Powers continued. Children added to Creek roll.
   1901, Mar. 1, ch. 676, post, p. 729.
Chap. 888 Rules for descent, etc.
   June 30, 1902,
   c. 1323; post, p. 761.
   Post, p. 729.
Chap. 888 Lawful possessors of town sites.
   [32 Stat., 259.]
Chap. 888 Allotment to members of civilized tribes.
   Ante. p. 90.
Sec. 7 Lands inherited from Indians may be conveyed in fee.
   [32 Stat., 275.]
Sec. 7 Minors.
Sec. 7 Taxation.
Sec. 7 Proviso. Restriction.
Sec. 8 Indian Territory western judicial district created.
Sec. 8 Boundaries.
   Ante. p. 71.
Sec. 8 Terms.
Sec. 8 Judge.
   Ante, p. 88.
Sec. 8 Commissioners and constables.
Sec. 8 Recorder’s office, northern district.
   29 Stat., 330.
Sec. 8 Marshals and district attorney.
Sec. 8 Pending causes.
Sec. 8 Terms northern district.
   Ante, p. 71.
Sec. 8 Terms southern and central districts.
Sec. 8 Constable at Durant.

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Chapter 888
    May 27, 1902. | 32 Stat., 245.
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An Act Making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes.

Be it enacted, etc., * * * that the following sums be and they are hereby appropriated * * *.

For salaries of four commissioners appointed under Acts of Congress, approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars: Provided, That said commission shall exercise all the powers heretofore conferred upon it by Congress: Provided further, That all children born to duly enrolled and recognized citizens of the Creek Nation up to and including the twenty-fifth day of May, nineteen hundred and one, and then living, shall be added to the rolls of citizenship of said nation made under the provisions of an Act entitled “An Act to ratify and confirm an agreement with the Muscogee or Creek tribe of Indians and for other purposes,” approved March first, nineteen hundred and one, and if any such child has died since the twenty- fifth day of May, nineteen hundred and one, or may hereafter die, before receiving his allotment of land and distributive share of the funds of the tribe, the lands and moneys to which he would be entitled if living shall

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descend to his heirs and be allotted and distributed to them accordingly: And provided further, That the Act entitled “An Act to ratify and confirm an agreement with the Muscogee or Creek tribe of Indians, and for other purposes,” approved March first, nineteen hundred and one, in so far as it provides for descent and distribution according to the laws of the Creek Nation, is hereby repealed and the descent and distribution of lands and moneys provided for in said Act shall be in accordance with the provisions of chapter forty-nine of Mansfield’s Digest of the Statutes of Arkansas in force in Indian Territory. * * *

That it shall hereafter be unlawful to remove or deport any person from the Indian Territory who is in lawful possession of any lots or parcels of land in any town or city in the Indian Territory which has been designated as a town site under existing laws and treaties, and no part of this appropriation shall be used for the deportation or removal of any such person from the Indian Territory: Provided, That the just and reasonable share of each member of the Chickasaw, Choctaw, Creek, and Cherokee nations of Indians, in the lands belonging to the said tribes, which each member is entitled to hold in his possession until allotments are made, as provided in the Act entitled “An Act for the protection of the people of the Indian Territory, and for other purposes,” approved June twenty-eighth, eighteen hundred and ninety-eight, be, and the same is hereby, declared to be three hundred and twenty acres for each member of the Chickasaw Nation, three hundred and twenty acres for each member of the Choctaw Nation, one hundred and sixty acres for each member of the Creek Nation, and one hundred acres for each member of the Cherokee Nation. * * *

SEC. 7

That the adult heirs of any deceased Indian to whom a trust or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands inherited from such decedent, but in case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian, but all such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. All allotted land so alienated by the heirs of an Indian allottee and all lands so patented to a white allottee shall thereupon be subject to taxation under the laws of the State or Territory where the same is situate: Provided, That the sale herein provided for shall not apply to the homestead during the life of the father, mother or the minority of any child or children.

SEC. 8

That the part of the northern district of the Indian Territory consisting of the Creek country, the Seminole country, and all that portion of the Cherokee and Choctaw nations included in the following -described boundaries, to wit: Commencing at the northeast corner of the Creek Nation and running east on the line between townships nineteen and twenty, to its intersection with the dividing line between ranges twenty and twenty-one, east, thence south on said line to its intersection with the Arkansas River, thence down the Arkansas River to its intersection with the Canadian River, thence up the Canadian River to its intersection with the dividing line between ranges twenty and twenty-one, east, thence south to the intersecting line between townships seven and eight to the Creek Nation, be, and the same is hereby, made the western district in said Territory, and the places of holding courts in said western district shall be Muscogee, Wagoner, Sapulpa, Wewoka, Eufaula and Okmulgee. The judge appointed under the Act entitled “An Act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes for the fiscal

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year ending June thirtieth, eighteen hundred and ninety- eight, and for other purposes,” approved June seventh, eighteen hundred and ninety-seven, shall be the judge of said western district, and he is hereby authorized to appoint a clerk who shall reside and keep his office at one of the places of holding court in said western district. That each of the three commissioners with headquarters at Muscogee, Eufaula, and Wewoka, respectively, shall be United States commissioners for said western district for a period of four years from the date of their appointment and until their respective successors shall be appointed and qualified, and the two constables now in office whose headquarters are at Muscogee and Eufaula, respectively, shall be constables in said western district until their successors shall be appointed and qualified; and said judge may appoint a constable for the commissioner at Wewoka, and the said judge may appoint an additional commissioner to be located at Checotah, and an additional constable for said commissioner's court. Each of the United States commissioners and each of the four constables now located in the northern district as constituted by this Act shall continue to be United States commissioners and constables, respectively, for said district until their successors shall be appointed and qualified. That the clerk’s office at Vinita shall also be the recorder’s office for the northern district, except that the clerk’s office at Miami shall continue to be the recording office for the Quapaw Indian Agency as now provided by law. The United States marshal of the present northern district shall be marshal of the western district, and there shall be appointed by the President, by and with the advice and consent of the Senate, a district attorney for said western district, and a United States marshal for the northern district. The said officers shall be appointed and shall hold office for the period of four years, and shall receive the same salary and fees and discharge like duties as other similar officers in said Territory. The cases now pending in that part of the northern district which is hereby made the western district shall be tried the same as if brought in said western district. Terms of court shall continue to be held within the territory remaining in said northern district at the places now provided by law for the holding of courts therein, and in addition thereto at the towns of Sallisaw, Claremore, Nowata, and Pryor Creck, in the Cherokee country. All laws now applicable to the existing judicial districts in the Indian Territory, and to attorneys, marshals, clerks, and their assistants or deputies therein, not inconsistent herewith, are hereby made applicable to the western district. In addition to the places now provided by law for holding courts in the southern and central districts, courts in the southern district shall also be held at Tishomingo and Ada, and in the central district at Durant. The United States judge for the central district of the Indian Territory, after the approval of this Act, may appoint a constable for the commissioner located at Durant. * * *[May 27, 1902.]


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