Rights of way for railroads, etc., affected. priated, out of any moneys in the Treasury not otherwise appropriated, the sum of one hundred thousand dollars, to be repaid proportionately out of the proceeds of the sales of such land as may be acquired from the Indians under the provisions of this act. SEC. 10. That nothing in this act contained shall be so construed as not to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the public use, or to condemn such lands to public uses, upon making just compensation. SEC. 11. That nothing in this act shall be so construed as to prevent ern Utes not affected the removal of the Southern Ute Indians from their present reservation in Southwestern Colorado to a new reservation by and with the consent of a majority of the adult male members of said tribe. [February 8, 1887.] Removal of South by act. Mar. 2, 1887. 24 Stat., 449. [24 Stat., 463.] Secretary of Interior may use for Indians Treasury from sales money covered into timber, etc. 1883, Mar. 3, ch. 141, nte, p. 31. [24 Stat.. 464.] CHAP. 320.-An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year ending June thirtieth, eighteen hundred and eightyeight, and for other purposes. * * Be it enacted, &c. * That the Secretary of the Interior is hereby authorized to use the money which has been or may hereafter of be covered into the Treasury under the provisions of the act approved March third, eighteen hundred and eighty-three, and which is carried or the books of that Department under the caption of "Indian moneys, proceeds of labor," for the benefit of the several tribes on whose account said money was covered in, in such way and for such purposes as in his discretion he may think best, and shall make annually à detailed report thereof to Congress. Crimes against In dian police or Indian tried in district courts. ante, p. 32. 1885, Mar. 3, ch. 341, 130 U. S., 343. * * * That immediately upon and after the passage of this act any Indians committing against the person of any Indian policeman appointed deputy marshal to be under the laws of the United States, or any Indian United States deputy marshal, while lawfully engaged in the execution of any United States process, or lawfully engaged in any other duty imposed upon such policeman or marshal by the laws of the United States, any of the following crimes, namely, murder, manslaughter, or assault with intent to kill, within the Indian Territory, shall be subject to the laws of the United States relating to such crimes, and shall be tried by the district court of the United States exercising criminal jurisdiction where said offense was committed, and shall be subject to the same penalties as are all other persons charged with the commission of said crimes, respectively; and the said courts are hereby given jurisdiction in all such cases." to [24 Stat., 465.] Secretary of Interior ture of Indian educa- For support of schools. * * * * * That the Secretary of the Interior report annually shall report annually, on or before the first Monday of December of manner of expendi- each year, in what manner and for what purposes the general education fund for the preceding fiscal year has been expended; and said report shall embrace the number and kind of school-houses erected, and their cost, as well as cost of repairs, names of every teacher employed, and compensation allowed, the location of each school, and the average attendance at each school." [March 2, 1887.] * * * Feb. 15, 1888. ACTS OF FIFTIETH CONGRESS-FIRST SESSION, 1888. CHAP. 10.-An act to punish robbery, burglary, and larceny, in the Indian Territory. Be it enacted, &c., That any person hereafter convicted in the United In Indian Territory, States courts having jurisdiction over the Indian Territory or parts thereof, of stealing any horse, mare, gelding, filly, foal, ass or mule, 25 Stat., 33. horse stealing, how punished. 153 U. S., 48. a The act of 1888, June 9, ch. 382 (post, p. 37), contains more extended provisions on this subject, and perhaps supersedes this paragraph. Similar provisions are contained in previous appropriation acts (23 Stat., 381; 24 Stat., 45). R. S., 5356. 1890, May 2, ch. 182, s. 33, post, p. 51. when said theft is committed in the Indian Territory, shall be punished by a fine of not more than one thousand dollars, or by imprison- ante, p. 32. ment not more than fifteen years, or by both such fine and imprisonment, at the discretion of the court. SEC. 2. That any person hereafter convicted of any robbery or robbery and burburglary in the Indian Territory shall be punished by a fine of not exceeding one thousand dollars, or imprisonment not exceeding fifteen years, or both, at the discretion of the court; Provided, That this act shall not be so construed as to apply to any offense committed by one Indian upon the person or property of another Indian, or so as to repeal any former act in relation to robbing the mails or robbing any person of property belonging to the United States:" And provided further, That this act shall not affect or apply to any prosecution now pending, or the prosecution of any offense already committed. glary, how punished. R. S., 2145, 5370, 5456, 5472. Act not to apply to offenses of one Indian upon another. 153 U. S., 48. Pending trials. Repeal. Trial for prior of SEC. 3. That all acts and parts of acts inconsistent with this act are hereby repealed: Provided, however, That all such acts and parts of fenses. acts shall remain in force for the punishment of all persons who have heretofore been guilty of the crime of larceny in the Indian Territory. [February 15, 1888.] CHAP. 340.—Ân act to amend section fifty-three hundred and eighty-eight of the Be it enacted, dc., That section fifty-three hundred and eightyeight of the Revised Statutes of the United States be amended so as to read as follows: June 4, 1888. 25 Stat., 166. Timber depredaserved for military or tions on lands re other purposes, or on Indian reservations, Substitute for R. S. 1889, Feb. 16, ch. 172, Every person who unlawfully cuts, or aids or is employed in un- &c. punished. lawfully cutting, or wantonly destroys or procures to be wantonly 538. destroyed, any timber standing upon the land of the United States post, p. 39. which, in pursuance of law, may be reserved or purchased for mili-19 Opins., 183. tary or other purposes, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under authority of the United States, shall pay a fine of not more than five hundred dollars or be imprisoned not more than twelve months, or both, in the discretion of the court." [June 4, 1888.] CHAP. 382.—An act for the protection of the officials of the United States in the Be it enacted, dr., That any Indian hereafter committing against the person of any Indian agent or policeman appointed under the laws of the United States, or against any Indian United States deputy marshal, posse comitatus, or guard, while lawfully engaged in the execution of any of the United States process, or lawfully engaged in other duty imposed upon such agent, policeman, deputy marshal, posse comitatus, or guard by the laws of the United States, any of the following crimes, namely, murder, manslaughter, or assault with intent to murder, assault, or assault and battery, or who shall in any manner obstruct by threats or violence any person who is engaged in the service of the United States in the discharge of any of his duties as agent, policeman, or other officer aforesaid, within the Indian Territory, or who shall hereafter commit either of the crimes aforesaid, in said Indian Territory, against any person who, at the time of the commission of said crime, or at any time previous thereto, belonged to either of the classes of officials hereinbefore named, shall be subject to the laws of This act appears to supersede the act of March 2, 1887, ch. 320, par. 2 (ante, p. 36). June 9, 1888. 25 Stat., 178. Punishment of Indians for crimes against United States Territory officers, etc., in Indian 1889, Mar. 1, ch. 333, s. 1, 2, 5, and note (b), post. PP. 39, 40. 1890, May 2, ch. 182, s. 30, post, p. 48. the United States relating to such crimes, and shall be tried by the district court of the United States exercising criminal jurisdiction where such offense was committed, and shall be subject to the same penalties Jurisdiction of dis- as are all other persons charged with the commission of said crimes, respectively; and the said courts are hereby given jurisdiction in all such cases. [June 9, 1888.] trict court. June 29, 1888. 25 Stat., 217. [25 Stat., 239.] Bible may be taught CHAP. 503.-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 year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes. Be it enacted, &c. *** SEC. 10. That at day or industrial in Indian language. schools sustained wholly or in part by appropriations contained in this act, and at which school church organizations are assisting in the educational work, the christian bible may be taught in the native language of the Indians, if in the judgment of the persons in charge of the schools it may be deemed conducive to the moral welfare and instruction of the pupils in such schools. [June 29, 1888.] * * * Aug. 9, 1888. 25 Stat., 392. White men marry ing Indian women rights. CHAP. 818.-An act in relation to marriage between white men and Indian women. Be it enacted, &c., That no white man, not otherwise a member of not to acquire tribal any tribe of Indians, who may hereafter marry, an Indian woman, member of any Indian tribe in the United States, or any of its Territories except the five civilized tribes in the Indian Territory, shall by such marriage hereafter acquire any right to any tribal property, privilege, or interest whatever to which any member of such tribe is entitled. Indian women marrying white men become citizens SEC. 2. That every Indian woman, member of any such tribe of Indians, who may hereafter be married to any citizen of the United 1887, Feb., c. 119, States, is hereby declared to become by such marriage a citizen of the United States, with all the rights, privileges, and immunities of any such citizen, being a married woman: 8. 6, ante, p. 35. 1897, June 7, c. 3, post, p. 88. Evidence of mar with Indian women. Provided, That nothing in this act contained shall impair or in any way affect the right or title of such married woman to any tribal property or any interest therein. SEC. 3. That whenever the marriage of any white man with any riage of white men Indian woman, a member of any such tribe of Indians, is required or offered to be proved in any judicial proceeding, evidence of the admission of such fact by the party against whom the proceeding is had, or evidence of general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence from which the fact may be inferred, shall be competent. [August 9, 1888.] Oct. 19, 1888. 25 Stat., 611. Acceptance of surrender of land patents from Indians. ante, p. 33. CHAP. 1214.—An act authorizing the Secretary of the Interior to accept the surrender of and cancel land patents to Indians in certain cases. * * Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized to accept the surrender of and to cancel patents 17, Feb. 8, c. 119, conveying the land therein described and issued to the following-named * Indians, ** and to allot and patent to said Indians, under the act of February eighth, eighteen hundred and eighty seven, such lands as they would be thereby entitled to had no previous patents to them severally been made. a Section 1 of this act is special, and only so much is here retained as is necessary to an understanding of section 2, which contains the only general legislation in the act. der patents, and re 1875, Mar. 3, c. 131 SEC. 2. The Secretary of the Interior is hereby authorized, in his Indians may surrendiscretion, and whenever for good and sufficient reason he shall con- ceive allotments in sider it to be for the best interest of the Indians, in making allotments severalty, under the statute aforesaid, to permit any Indian to whom a patent 8.15.ante, p. 23. has been issued for land on the reservation to which such Indian belongs, under treaty or existing law, to surrender such patent with formal relinquishment by such Indian to the United States of all his or her right, title, and interest in the land conveyed thereby, properly indorsed thereon, and to cancel such surrendered patent: Provided, That the Indian so surrendering the same shall make a selection, in lieu thereof, of other land and receive patent therefor, under the provisions of the act of February eighth, eighteen hundred and eighty-seven. [October 19, 1888.] 1884, July 4, c. 180, ante, p. 31. ACTS OF FIFTIETH CONGRESS-SECOND SESSION, 1889. CHAP. 172.-An act in relation to dead and fallen timber on Indian lands. Be it enacted, &c., That the President of the United States may from year to year in his discretion under such regulations as he may prescribe authorize the Indians residing on reservations or allotments, the fee to which remains in the United States, to fell, cut, remove, sell or otherwise dispose of the dead timber standing or fallen, on such reservation or allotment for the sole benefit of such Indian or Indians. But whenever there is reasonable cause to believe that such timber has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this act then in that case such authority shall not be granted. [February 16, 1889.] CHAP. 333.—An act to establish a United States court in the Indian Territory, and for other purposes. “ a Mar. 1, 1889. Be it enacted, &c., That a United States court is hereby established, whose jurisdiction shall extend over the Indian Territory, bounded as established in. follows, to wit: 40 Fed. Rep., 372; 153 U. S., 48; 47 Fed. Rep., 488; 66 Fed. Rep., 372; North by the State of Kansas, east by the States of Missouri and Arkansas, south by the State of Texas, and west by the State of Texas and the Territory of New Mexico. 25 Stat., 783. Indian Territory United States court 1895, Mar. 1, c. 145, 69 Fed. Rep., 68. post, p.-. Boundary of district. R. S., 533. 1890, May 2, c. 182, s. 29, post, p. 47. term of office, salary. And a judge shall be appointed for said court by the President of Judge, appointment, the United States, by and with the advice and consent of the Senate, who shall hold his office for a term of four years, and until his successor is appointed and qualified, and receive a salary of three thousand five hundred dollars per annum, to be paid from the Treasury of the United States in like manner as the salaries of judges of the United States district courts. Attorney and mar shal. R. S.,771-776, 787–792, 824-827, 829, 830. SEC. 2. That there shall be appointed by the President, by and with the advice and consent of the Senate, an attorney and marshal for said court, who shall continue in office for four years, and until their suc- 1888, June 9, c. 382, cessors be duly appointed and qualified, and they shall discharge the ante. p. 37. like duties and receive the same fees and salary as now received by post, p. 70. the United States attorney and marshal for the western district of Arkansas. a The jurisdiction of courts and the punishment of offenses in the Indian Territory have been the subject of numerous statutes. Revised Statutes, 533, makes the Indian Territory a part of the western district of Arkansas. Chapter 4 of Title XXVIII, Revised Statutes (2127-2157), relating to the government of Indian country, contains sections defining offenses or imposing penalties as follows: 2133, trading in the Indian country without a license; 2134, 1895, Mar. 1, c. 145, Deputy marshals. Clerk. R. S., 795,797-799,828. The said marshal may appoint one or more deputies, who shall have the same powers, perform the like duties, and be removable in like manner as other deputy United States marshals; and said marshal shall give bond, with two or more sureties, to be approved by the judge of said court, in the sum of ten thousand dollars, conditioned as by law required in regard to the bonds of other United States marshals. SEC. 3. That a clerk of said court shall be appointed by the judge 1895, Mar. 1, c. 145, thereof, who shall reside and keep his office at the place of holding said court. Said clerk shall perform the same duties, be subject to the same liabilities, and shall receive the same fees and compensation as the clerk of the United States court of the western district of Arkansas; and before entering upon his duties he shall give bond in the sum of ten thousand dollars, with two or more sureties, to be approved by the judge of said court, conditioned that he will discharge his duties as required by law. post, p. 70. 1901, Mar. 3, c. 832, post, p. 111. Official oaths. R. S., 712, 782, 794. Jurisdiction of of fenses. S. 27, post, p. 43. 135 U.S., 263. - of civil cases. 1890, May 2, c. 182, s. 29, post, p. 47. 66 Fed. Rep., 843. SEC. 4. That the judge appointed under the provision of this act shall take [the same] oath, required by law to be taken by the judges of the districts courts of the United States; and the oath, when taken as in such cases provided, shall be duly certified by the officer before whom the same shall have been taken to the clerk of the court herein established, to be by him recorded in the records of said court. The clerk, marshal, and deputy marshals shall take before the judge of said court the oath required by law of the clerk, marshal, and deputy marshals of the United States district courts, the same to be entered of record in said court as provided by law in like cases. SEC. 5. That the court hereby established shall have exclusive original jurisdiction over all offenses against the laws of the United States committed within the Indian Territory as in this act defined, not punishable by death or by imprisonment at hard labor. SEC. 6. That the court hereby established shall have jurisdiction in all civil cases between citizens of the United States who are residents of the Indian Territory, or between citizens of the United States, or of any State or Territory therein, and any citizen of or person or persons foreigner entering the country without passport; 2135, receiving certain articles from Indians; 2136, selling arms or ammunition to Indians; 2137, hunting in Indian country; 2138, removing stock; 2139, 2141, spirituous liquors in the Indian country: 2142, assault with intent to kill or maim by a white person upon anyone, or by an Indian upon white person; 2143, arson by a white person on any property, or by an Indian on property belonging to a white person; 2144, laws of United States for forgery and mail depredations extended to Indian country; 2145, 2146, general laws of United States for punishment of crimes within its exclusive jurisdiction extended to the Indian country, except to crimes by one Indian against another, or to any Indian who has been punished by the tribal law, or where exclusive jurisdiction is secured to the Indian tribes. By 1883, January 6, chapter 13 (22 Stat. 400), portions of the Indian Territory are annexed to the district of Kansas and the northern district of Texas. By 1885, March 3, chapter 341, section 9 (ante, p. 32), Indians committing against an Indian or other person certain major offenses in any Territory, either within or without an Indian reservation, are subject to the Territorial laws, and if within a reservation in a State, are subject to the laws relating to the same crimes within the exclusive jurisdiction of the United States. By 1888, February 15, chapter 10 (ante, p. 36), punishment is provided for horse stealing, robbery, and burglary in the Indian Territory; and by 1888, June 9, chapter 382 (ante, p. 37), for offenses against United States officers. By 1888, June 4, chapter 343 (25 Stat., 167), United States marshals are empowered to enter the Indian Territory and execute process. As to what constitutes Indian country, see 95 U. S., 204. By 1889, March 1, chapter 333, above, a United States court is established in the Indian Territory with jurisdiction (sec. 5) over all offenses against United States laws not punishable by death or imprisonment at hard labor, and (sec. 6) with cer |