as such agent, it shall be the duty of such corporation to appoint immediately another agent in his place, as hereinbefore provided. SEC. 5. That if any foreign corporation shall fail to comply with the provisions of the foregoing sections, all its contracts with citizens and residents of the Indian Territory shall be void as to the corpora- contracts void for tion, and no United States court in the Indian Territory shall enforce requirements. the same in favor of the corporation. SEC. 6. That corporations doing business in the Indian Territory at the time of the passage of this Act are given ninety days in which to comply with section four in order to avoid the penalty of section five. SEC. 7. That the clerk of the United States court of appeals for the Indian Territory shall charge and receive for services imposed upon him by the provisions of this Act the same fees allowed officers of the State of Arkansas for like services under the laws of that State. failure to comply with Limit of time to designate agents, etc. Fees. Bank or trust companies may transact SEC. 8. That any bank or trust company now or hereafter organized under the laws of Arkansas or, any other State may transact such business, etc. business in the Indian Territory as is authorized by its charter, and that is not inconsistent with the laws in force in the Indian Territory, and may loan money and contract for the payment of the same at a rate of interest not to exceed the sum of eight per centum per annum, and a like rate for a period less than a year: Provided, That the lawful interest in said Territory shall be six per centum when no rate of interest is agreed upon, but in no case shall the interest exceed eight per centum per annum. Legal interest. U. S. courts to have jurisdiction over cor 1897, June 7, ch 3, ante, p. 88. SEC. 9. That the United States courts in the Indian Territory shall have and exercise, in reference to all corporations created under this porations. Act, the same powers and jurisdiction as may be exercised in the State of Arkansas by the courts of that State over corporations created therein under the provisions of any law in force in that State relating to corporations." [February 18, 1901.] CHAP. 832.-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 two, and for other purposes. * * Be it enacted, &c., * That the Indian inspector who may be assigned to duty in the Indian Territory shall be considered as actually employed on duty in the field;" Mar. 3, 1901. 31 Stat., 1058. [31 Stat., 1060.] Inspector to have and the accounting officers of the Treasury are hereby authorized to allow him per diem pay during the fiscal year nineteen hundred and per diem. one, and so long as he shall remain on duty in said Territory. * * * Clerks of district That hereafter the clerks of the district courts in the Indian Ter- [31 Stat., 1073.] ritory shall account to the United States for all fees earned and col- courts to account for lected by them in accordance with such rules and regulations as the fees. Attorney-General shall prescribe. They shall annually pay over to the Treasurer of the United States -to pay over excess. all such fees collected and earned by them in excess of the necessary a For the United States courts in Indian Territory and their jurisdiction, see 1897, June 7, ch. 3, ante, p. 88. R. S. 2043, 2044, provide for the appointment, salary, and traveling expenses of Indian inspectors. By 1898, June 28, ch. 517, s. 27, one inspector was authorized to be located in the Indian Territory. A similar but less comprehensive provision is made by the appropriation act of the preceding year, 1900, May 31, ch. 598 (31 Stat., 229). The clerks of court mentioned in the text were first authorized by 1890, May 2, ch. 182, s. 30, 38 (ante, p. 48). Their status and designation were changed by 1895, March 1, ch. 145, s. 3, ante (p. 72). By 1893, November 3, ch. 16 (28 Stat., 9), the provisions of which were reenacted by 1895, March 1, ch. 145, s. 3 (ante, p. 72), they were allowed to retain certain fees for their own use. For construction of the various acts relating to fees of clerks of court in the Indian Territory, see 35 C. Cls., 595. -to receive $1,000. Commission to Five Civilized Tribes. Statement of expenditures. [31 Stat., 1075.] Town-site commissioner. [31 Stat., 1077.] expenses incurred and paid by them for attendance on court, record books, stationery, and clerk hire subsequent to May thirty-first, nineteen hundred, such expenses to be allowed and retained by said clerks on accounts approved by the judge of the court when accompanied by proper vouchers. And such clerks shall hereafter be paid the sum of one thousand dollars each per annum for all extra services in addition to their regular salary. * * 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:" and said commissioners shall at once make an itemized statement to the Secretary of the Interior of all their expenditures up to January first, nineteen hundred and one, and annually thereafter. *** That hereafter the Secretary of the Interior may, whenever the chief executive of the Choctaw or Chickasaw Nation fails or refuses to appoint a town-site commissioner for any town, or to fill any vacancy caused by the neglect or refusal of the town-site commissioner appointed by the chief executive of the Choctaw or Chickasaw Nation to qualify or act, in his discretion, appoint a commissioner to fill the vacancy thus created." The rolls made by the Commission to the Five Civilized Tribes, ized Tribes to be final. when approved by the Secretary of the Interior, shall be final, and the persons whose names are found thereon shall alone constitute the several tribes which they represent; -time for closing, Acts of Creeks and Cherokee to be ap and the Secretary of the Interior is authorized and directed to fix a time by agreement with said tribes or either of them for closing said rolls, but upon failure or refusal of said tribes or either of them to agree thereto, then the Secretary of the Interior shall fix a time for closing said rolls, after which no name shall be added thereto." That no act, ordinance, or resolution of the Creek or Cherokee proved by the Presi- tribes, except resolutions for adjournment, shall be of any validity until approved by the President of the United States. dent. proved acts. When such acts, ordinances, or resolutions passed by the council of either of said tribes shall be approved by the principal chief thereof, then it shall be the duty of the national secretary of said tribe to forward them to the President of the United States, duly certified and sealed, who shall, within thirty days after their reception, approve or disapprove the same. Publication of ap- Said acts, ordinances, or resolutions, when so approved, shall be Return of disap- published in at least two newspapers having a bona fide circulation in the tribe to be affected thereby, and when disapproved shall be returned to the tribe enacting the same. * * * proved acts. [31 Stat., 1083.] Supplies, purchase exigency. SEC. 2. That no purchase of supplies for which appropriations are after advertisement. herein made, exceeding in the aggregate five hundred dollars in value at any one time, shall be made without giving at least three weeks' -except in case of public notice by advertisement, except in case of exigency, when, in the discretion of the Secretary of the Interior, who shall make official record of the facts constituting the exigency, and shall report the same to Congress at its next session, he may direct that purchases may be made in open market in amount not exceeding three thousand dollars in any one purchase: a For previous legislation in regard to this commission, see 1896, June 10, ch. 398, and note (c) thereto (ante, p. 79); 1897, June 7, ch. 3, (ante, p. 87); 1899, March 1, ch. 324, (ante, p. 102), and 1900, May 31, ch. 598, ante, p. 105. See the provisions here referred to, 1898, June 28, ch. 517, s. 15, 29 (ante, p. 95), and other legislation relative to the commission to the Five Civilized Tribes as referred to in the next preceding note. See the legislation referred to in the two preceding notes. d Similar provisions occur in prior appropriation acts. See 1899, March 1, ch. 324, s. 3 (30 Stat., 946), and 1900, May 31, ch. 598, s. 2 (31 Stat., 246). Provided, That supplies may be purchased, contracts let, and labor or for irrigation. employed for the construction of artesian wells, ditches, and other works for irrigation, in the discretion of the Secretary of the Interior, without advertising as herein before provided: in purchases and Provided further, That as far as practicable Indian labor shall be Indians preferred employed and purchase in the open market made from Indians, under labor. the direction of the Secretary of the Interior: Provided further, That the Secretary of the Interior may, when practicable, arrange for the manufacture, by Indians upon the reservations, or at industrial schools, of shoes, clothing, leather, harness, and wagons, and such other articles as the Secretary of the Interior may deem advisable, and the sum of ten thousand dollars is hereby appropriated to enable the Secretary of the Interior to carry this provision into effect. Manufactures by Indians. telephones and tele SEC. 3. That the Secretary of the Interior is hereby authorized and Rights of way for empowered to grant a right of way, in the nature of an easement, for graph through Inthe construction, operation, and maintenance of telephone and tele- dian lands. graph lines and offices for general telephone and telegraph business through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines. shall be subject to his approval. No lines until approval. Damages, how as The compensation to be paid the tribes in their tribal capacity and certained. the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained;" and all such lines shall be constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority; and Congress hereby expressly reserves the right to regulate the tolls or charges for the transmission of messages over any lines constructed under the provisions of this Act: Annual tax. Rules for construction and maintenance. No exemption from State tax. Regulating tolls reserved. Rights of towns on Provided, That incorporated cities and towns into or through which line of construction. such telephone or telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities. Condemnation for That lands allotted in severalty to Indians may be condemned for public use of lands any public purpose under the laws of the State or Territory where allotted in severalty. located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee." a For general acts providing for the allotment of lands in severalty to Indians, see 1887, February 8, ch. 119 (ante, p. 33); 1891, February 28, ch. 383 (ante, p. 56); 1894, August 15, ch. 290 (ante, p. 68); 1895, January 26, ch. 50 (ante, p. 70); 1897, June 7, ch. 3 (ante, p. 87); 1900, May 31, ch. 598, and note (ante, p. 105); and 1901, February 6, ch. 217 (ante, p. 109). S. Doc. 452. pt 1 Secretary of Inte rior may grant per lands. SEC. 4. That the Secretary of the Interior is hereby authorized to mission to open high grant permission, upon compliance with such requirements as he may way through Indian deem necessary, to the proper State or local authorities for the opening and establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been" allotted in severalty to any individual Indians under any laws or treaties but which have not been conveyed to the allottees with full power of alienation. [ March 3, 1901.] Mar. 3, 1901. 31 Stat., 1447. Citizenshipaccorded Indians in Indian Territory. 1887, Feb. 8, c. 119, * * CHAP. 868.-An act to amend section six, chapter one hundred and nineteen, United Be it enacted, de., That section six of chapter one hundred and nineteen of the United States Statutes at Large numbered twenty-four, page three hundred and ninety, is hereby amended as follows, to-wit: After 1888, Aug. 9, c. 818, the words "civilized life," in line thirteen of said section six, insert the words "and every Indian in Indian Territory." [March 3, 1901.] s. 6 ante, p. 35. R. S., 2119. s. 2, ante, p. 38. 71 Fed. Rep., 576. February 28, 1902. 32 Stat., 43. [32 Stat., 43.] Indian Territory. Post, p. 744. ACTS OF FIFTY-SEVENTH CONGRESS FIRST SESSION, 1902. CHAP. 134.-An act to grant the right of way through the Oklahoma Territory and the Indian Territory to the Enid and Anadarko Railway Company, and for other purposes. * * * Be it enacted, &c. SEC. 13. That the right to locate, conGeneral right of way struct, own, equip, operate, use, and maintain a railway and telegraph to railroads through and telephone line or lines into, in, or through the Indian Territory, together with the right to take and condemn lands for right of way, depot grounds, terminals, and other railway purposes, in or through any lands held by any Indian tribe or nation, person, individual, or municipality in said Territory, or in or through any lands in said Territory which have been or may hereafter be allotted in severalty to any individual Indian or other person under any law or treaty, whether the same have or have not been conveyed to the allottee, with full power of alienation, is hereby granted to any railway company organized under the laws of the United States, or of any State or Territory, which shall comply with this Act. Width. Stations, etc. Yards, etc. Water supply. Changes. Damages to individuals, etc. SEC. 14. That the right of way of any railway company shall not exceed one hundred feet in width except where there are heavy cuts and fills, when one hundred feet additional may be taken on each side of said right of way; but lands additional and adjacent to said right of way may be taken and condemned by any railway company for station grounds, buildings, depots, side tracks, turnouts, or other railroad purposes not exceeding two hundred feet in width by a length of two thousand feet. That additional lands not exceeding forty acres at any one place may be taken by any railway company when necessary for yards, roundhouses, turntables, machine shops, water stations, and other railroad purposes. And when necessary for a good and sufficient water supply in the operation of any railroad, any such railway company shall have the right to take and condemn additional lands for reservoirs for water stations, and for such purpose shall have the right to impound surface water or build dams across any creek, draw, canyon, or stream, and shall have the right to connect the same by pipe line with the railroad and take the necessary grounds for such purposes; and any railway company shall have the right to change or straighten its line, reduce its grades or curves, and locate new stations and to take the lands and right of way necessary therefor under the provisions of this Act. SEC. 15. That before any railroad shall be constructed or any lands taken or condemned for any of the purposes set forth in the preceding section, full compensation for such right of way and all land taken and all damage done or to be done by the construction of the railroad, or the taking of any lands for railroad purposes, shall be made to the individual owner, occupant, or allottee of such lands, and to the tribe or nation through or in which the same is situated: Provided, That correct maps of the said line of railroad in sections of twenty-five miles each and of any lands taken under this Act, shall be filed in the Department of the Interior, and shall also be filed with the United States Indian agent for Indian Territory, and with the principal chief or governor of any tribe or nation through which the lines of railroad may be located or in which said lines are situated. Proviso. Maps to be filed. Appraisement by referees on failure of amicable settlement. Award. Publication. In case of the failure of any railway company to make amicable settlement with any individual owner, occupant, allottee, tribe, or nation for any right of way or lands or improvements sought to be appropriated or condemned under this Act, all compensation and damages to be paid to the dissenting individual owner, occupant, allottee, tribe or nation by reason of the appropriation and condemnation of said right of way, lands, or improvements shall be determined by the appraisement of three disinterested referees, to be appointed by the judge of the United States court, or other court of jurisdiction in the district where such lands are situated, on application of the corporation or other person or party in interest. Such referees, before entering Oath, upon the duties of their appointment, shall each take and subscribe, before competent authority, an oath that he will faithfully and impartially discharge the duties of his appointment, which oaths, duly certified, shall be returned with the award of the referees to the clerk of the court by which they were appointed. The referees shall also find in their report the names of the person and persons, tribe, or nation to whom the damages are payable and the interest of each person, tribe, or nation in the award of damages. Before such referees shall proceed with the assessment of damages for any right of way or other lands condemned under this act, twenty days' notice of the time when the same shall be condemned shall be given to all persons interested, by publication in some newspaper in general circulation nearest said property in the district where said right of way or said lands are situated, or by ten days' personal notice to each person owning or having any interest in said lands or right of way: Provided, That such notice to any tribe or nation may be served on the principal chief or governor of the tribe. If the referees can not agree, then any two of them are authorized to and shall make the award. Any party to the proceedings who is dissatisfied with the award of the referees shall have the right, within ten days after the making of the award, to appeal, by original petition, to the United States court, or other court of competent jurisdiction, sitting at the place nearest and most convenient to the property sought to be taken, where the question of the damages occasioned by the taking of the lands in controversy shall be tried de novo, and the judgment rendered by the court shall be final and conclusive, subject, however, to appeal as in other cases. Proviso. Appeal. Work to begin on Proviso. Abandonment When the award of damages is filed with the clerk of the court by the referees, the railway company shall deposit the amount of such deposit of award. award with the clerk of the court, to abide the judgment thereof, and shall then have the right to enter upon and take possession of the property sought to be condemned: Provided, That when the said railway company is not satisfied with the award, it shall have the right, don before commencing construction, to abandon any portion of said right of way and adopt a new location, subject, however, as to such new location, to all the provisions of this Act. Each of the referees shall receive for his compensation the sum of four dollars per day while actually engaged in the appraisement of the property and the hearing of any matter submitted to them under this Act. Witnesses shall receive the fees and mileage allowed by law to witness[es] in courts of record within the districts where such lands are located. Costs, Pay of referees. Witness fees. of |