Recorder's office, northern district. 29 Stat., 330. 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, commissioners and Eufaula, and Wewoka, respectively, shall be United States commis- constables. sioners 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 Creek, 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 Terms southern and 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. 27, 1902.] * * * May CHAP. 946.-An act providing that the statute of limitations of the several States shall apply as a defense to actions brought in the United States courts for the recovery of lands patented in severalty to members of any tribe of Indians under any treaty between it and the United States of America. Be it enacted, dc., That in all actions brought in any State court or United States court by any patentee, his heirs, grantees, or any person claiming under such patentee, for the possession or rents or profits of lands patented in severalty to the members of any tribe of Indians under any treaty between it and the United States of America, where Marshals and district attorney. Pending causes. Terms northern district. Ante, p. 71. central districts. Constable at Durant. May 31, 1902. 32 Stat., 284. Lands in severalty to Indians. State statutes of lim a deed has been approved by the Secretary of the Interior to the land itations applicable in sought to be recovered, the statutes of limitations of the States in suits against. which said land is situate shall be held to apply, and it shall be a com Limitation. plete defense to such action that the same has not been brought within the time prescribed by the statutes of said State the same as if such action had been brought for the recovery of land patented to others than members of any tribe of Indians. SEC. 2. That this Act shall not apply to any suits brought within one year from and after its passage. [May 31, 1902.] June 21, 1902. 32 Stat., 395. Indian Territory. Fees of marshalsand deputies. R. S., 829 CHAP. 1137.-An act to fix the fees of United States marshals in the Indian Territory, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in felony cases before United States commissioners for preliminary examination, and in all cases in the district courts, whether arising under the laws of the United States or under the statutes of Arkansas, as made applicable to the Indian Territory, section eight hundred and twenty-nine of the Revised Statutes of the United States shall be applicable to the services rendered by United States marshals and their respective depuDeductions, etc., al- ties in said Territory, and all deductions and disallowances made by the accounting officers under the decision of the Comptroller of the Treasury of the United States shall be allowed, except so far as the marshals have been reimbursed for the amounts of such deductions and Submission of proof disallowances; but before any item of such deductions or disallowances shall be allowed, proof satisfactory to the Auditor for the State and other Departments shall be made that the amount of such item has not been 'reimbursed to the marshal. lowed. Witnesses' fees. R. S., 848. R. S., 850. Repeal. SEC. 2. That all witnesses in felony cases before United States commissioners, and all witnesses in civil and criminal cases in the district courts of said Territory, shall be entitled to the fees provided in section eight hundred and forty-eight of the Revised Statutes of the United States, except that clerks and other officers of the United States shall be entitled to the compensation provided in section eight hundred and fifty of the Revised Statutes of the United States. SEC. 3. That all Acts and parts of Acts in conflict with this Act are hereby repealed. [June 21, 1902.] June 27, 1902. 32 Stat., 399. Pensions. Indian war service, extended. 27 Stat., 281. CHAP. 1156.-An act to extend the provisions, limitations, and benefits of an act entitled "An act granting pensions to the survivors of the Indian wars of eighteen hundred and thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk war, Creek war, Cherokee disturbances, and the Seminole war," approved July twenty-seventh, eighteen hundred and ninety-two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions, limitations, and benefits of the Act entitled "An Act granting pensions to survivors of the Indian wars of eighteen hundred and thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk war, Creek war, Cherokee disturbances, and Seminole war." approved July twenty-seventh, eighteen hundred and ninety-two, be, and the same are hereby, extended, from the date of the passage of this Act, to the surviving officers and enlisted men, including marines, militia, and volunteers of the military and naval service of the United States who served for thirty days or more and were honorably discharged under the United States military, State, Territorial, or provisional authorities in the Florida and Georgia Seminole Indian war of eighteen hundred and seventeen and eighteen hundred and eighteen; the Fevre River Indian war of Illinois of eighteen hundred and twenty-seven; the Sac and Fox Indian war of eighteen hundred and thirty-one; the Sabine Indian disturbances of eighteen hundred and thirty-six and eighteen hundred and thirty-seven; the Cayuse Indian war of eighteen hundred and forty-seven and eighteen hundred and forty-eight, on the Pacific coast; the Florida wars with the Seminole Indians, from eighteen hundred and forty-two to eighteen hundred and fifty-eight, inclusive; the Texas and New Mexico Indian war of eighteen hundred and forty-nine to eighteen hundred and fifty-six; the California Indian disturbances of eighteen hundred and fifty-one and eighteen hundred and fifty-two; the Utah Indian disturbances of eighteen hundred and fifty to eighteen hundred and fifty-three, inclusive, and the Oregon and Washington Territory Indian wars from eighteen hundred and fifty-one to eighteen hundred and fifty-six, inclusive; and also to include the surviving widows of such officers and enlisted men: Provided, That such widows have not remarried: And provided further, That where there is no record of enlistment or muster into the service of the United States in any of the wars mentioned in this Act the record of pay by the United States shall be accepted as full and satisfactory proof of such enlistment and service: And provided further, That all contracts heretofore made between the beneficiaries under this Act and pension attorneys and claim agents are hereby declared null and void. [June 27, 1902.] Provisos. Remarriage of wid OWS. Proof of service. Contracts. [No. 24.] Joint resolution fixing the time when certain provisions of the Indian appropriation act for the year ending June thirtieth, nineteen hundred and three, shall take effect. May 27, 1902. 32 Stat, 742. Indian Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled “An tion act. Act making appropriations for the current and contingent expenses of the Indian Department and fulfilling treaty stipulations with the various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes," shall take effect from and after July first, nineteen hundred and two, except as otherwise spe cially provided therein. [May 27, 1902.] appropria Date of effect. Ante, p. 119. PART II. PERMANENT ACTS RELATING TO PARTICULAR TRIBES. ACTS OF THIRTY-SEVENTH CONGRESS-FIRST SESSION, 1863. CHAP. 53.-An act for the removal of the Winnebago Indians, and for the sale of their reservation in Minnesota for their benefit. a Feb. 21, 1868. 12 Stat., 658. President may set 65 Fed. Rep., 30; 79 See treaty of Apr. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized to assign to and set apart for the for the Winnebago Winnebago Indians a tract of unoccupied land beyond the limits of Indians, any State, in extent at least equal to their diminished reservation, the Fed. Rep., 86. same to be well adapted for agricultural purposes. And it shall be 15, 1859. See treaty lawful for the President to take such steps as he may deem proper to effect the peaceful and quiet removal of the said Indians from the State of Minnesota, and to settle them upon the lands which may be assigned to them under the provisions of this act. of Mar. 8, 1865. May remove them from Minnesota. 1870, c. 296, post, p. 127: 1872, c. 233, post, p. 132. Subdivisions of pres ent reservation to be 1874, c. 389, post, p. 153; 1888, c. 519, post, p. 286. SEC. 2. And be it further enacted, That upon the removal of the said Indians from the reservation where they now reside, it shall be the duty of the Secretary of the Interior to cause each legal subdivision of the said lands to be appraised by discreet persons to be appointed by him for that purpose. And in each instance where there are improvements upon any legal subdivision of said lands, the improvements shall be separately appraised. But no portion of the said lands shall be subject to pre-emption settlement, entry, or location under any act of Congress, unless the party pre-empting, settling to preemption. upon or locating any portion of said lands shall pay therefor the full appraised value thereof, including the value of the said improvements, under such regulations as hereinafter provided. When to be subject After appraisal to be opened to preemp SEC. 3. And be it further enacted, That after the appraisal of the said reservation the same shall be opened to pre-emption, entry and tion, etc. settlement in the same manner as other public lands: Provided, That before any person shall be entitled to enter any portion of the said lands, by pre-emption or otherwise, previous to their exposure to sale to the highest bidder, at public outcry, he shall become an actual bona fide settler thereon, and shall conform to all the regulations now provided by law in cases of pre-emption, and shall pay, within the term of one year from the date of his settlement, the full appraised value of the land, and the improvements thereon, to the land officers of a Legislation relating to the Winnebago in Wisconsin, Minnesota, and Nebraska is principally to be found in the foregoing act and in the act of July 15, 1870, post p. 127, as explained by the act of May 29, 1872, post p. 132, and the act of January 18, 1881, post p. 187. By the act of June 22, 1874, the purchase of a part of the Omaha reservation in Nebraska for the use of the Winnebago was authorized, and the act of 1881, supra, adjusted money matters between the Wisconsin and Nebraska divisions of the tribe, and by the 5th section provided that the land allotted in Wisconsin should be inalienable for twenty years. This restriction was removed by the act of February 20, 1895, post p. 557. Railroad rights of way through Winnebago lands have been specially provided for in the acts of 1894, ch. 117, post p. 513, as amended by 1897, ch. 170, post p. 616; 1898, ch. 100, post p. 634, and 1899, ch. 225, post p. 682. Who may preempt 125 |