is fully paid he shall forthwith deliver possession of the land to the purchaser: Provided, however, that any crops then growing on the land shall be and remain the property of the vendor, and he may have access to the land so long as may be necessary to cultivate and gather such growing crops. Any such purchaser shall, without unreasonable delay, apply to select as an allotment the land upon which the improvements purchased by him are located, and shall submit with his application satisfactory proof that he has in good faith purchased such improvements. § 388. Court of Claims to determine rights of intermarried whites. That the act entitled, "An act to refer to the Court of Claims certain claims of the Shawnee and Delaware Indians and the freedmen of the Cherokee Nation, and for other purposes," approved October first, eighteen hundred and ninety, be, and the same is hereby, amended so as to confer upon the Court of Claims the same jurisdiction to determine the claims and rights of those alleged citizens of the Cherokee Nation known as intermarried whites, as is therein conferred upon said court relative to the rights and claims of the Shawnee and Delaware Indians and the freedmen of said Cherokee Nation, and said case shall be advanced on the calendar of said Court of Claims and the calendar of the Supreme Court, if the same is appealed.' § 389. Providing for additional judges. [1]. That there shall be appointed by the President, by and with the advice and consent of the Senate, four additional judges of the United States court in the Indian Territory, one for the Northern district, one for the Western district, one for the Central district, and one for the Southern district. And said judges shall have all the authority and exercise all the powers, perform like duties, and receive the same salary as other judges of said court, and shall each serve for a 6 From Act April 21, 1904, c. 1402, 33 Stat. 205. 7 From Act April 21, 1904, c. 1402, 33 Stat. 208. term of four years from date of appointment, unless said offices are sooner abolished by law. Neither the additional judges, nor their successors in office, shall be members of the court of appeals for the Indian Territory, but they shall hold such courts in their respective districts, as may be directed by the court of appeals of the Indian Territory, or majority of the judges thereof in vacation: Provided, that none of said judges shall have power to appoint clerks of courts, United States commissioners, or United States constables in said districts, and hereafter at least three terms of court shall be held in each year, at each place of holding court in the Indian Territory, the times to be fixed in the manner now provided by law. § 390. Investigation of leases of allotted lands authorized. It shall be the duty of the Secretary of the Interior to investigate, or cause to be investigated, any lease of allotted land in the Indian Territory which he has reason to believe has been obtained by fraud, or in violation of the terms of existing agreements with any of the Five Civilized Tribes, and he shall in any such case where in his opinion the evidence warrants it refer the matter to the Attorney General for suit in the proper United States court to cancel the same, and in all cases where it may appear to the court that any lease was obtained by fraud, or in violation of such agreements, judgment shall be rendered canceling the same upon such terms and conditions as equity may prescribe, and it shall be allowable in cases where all parties in interest consent thereto to modify any lease and to continue the same as modified: Provided, no lease made by any administrator, executor, guardian, or curator which has been investigated by and has received the approval of the United States court having jurisdiction of the proceeding shall be subject to suit or proceeding by the Secretary of the Interior or Attorney General: Provided further, no lease made by any administrator, executor, guardian, or cu 8 From Act April 28, 1904, c. 1824, 33 Stat. 573. rator shall be valid or enforcible without the approval of the court having jurisdiction of the proceeding." § 391. Delaware-Cherokee controversy. - That Delaware-Cherokee citizens who have made improvements, or were in rightful possession of such improvements upon lands in the Cherokee Nation on April twenty-first, nineteen hundred and four to which there is no valid adverse claim, shall have the right within six months from the date of the approval of this act to dispose of such improvements to other citizens of the Cherokee Nation entitled to select allotments at a valuation to be approved by an official to be designated by the President for that purpose and the amount for which said improvements are disposed of, if sold according to the provisions of this Act, shall be a lien upon the rents and profits of the land until paid, and such lien. may be enforced by the vendor in any court of competent jurisdiction: Provided, that the right of any DelawareCherokee citizen to dispose of such improvements shall, before the valuation at which the improvements may be sold, be determined under such regulations as the Secretary of the Interior may prescribe.10 § 392. Joint resolution extending tribal governments.— Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that the tribal existence and present tribal governments of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes or Nations of Indians in the Indian Territory are hereby continued in full force and effect for all purposes under existing laws until all property of such tribes, or the proceeds thereof, shall be distributed among the individual members of said tribes unless hereafter otherwise provided by law.11 From Act March 3, 1905, c. 1479, 33 Stat. 1060. 10 From Act March 3, 1905, c. 1479, 33 Stat. 1071. 11 From Act March 2, 1906, 34 Stat. 822. § 392a. Sale of land for schoolhouse locations authorized-Act May 29, 1908.-[10]. That the Secretary of the Interior is hereby authorized to sell for use for school purposes to school districts of the state of Oklahoma, from the unallotted lands of the Five Civilized Tribes, tracts of land not to exceed two acres in any one district, at prices and under regulations to be prescribed by him, and proper conveyances of such lands shall be executed in accordance with existing laws regarding the conveyance of tribal property; and the Secretary of the Interior also shall have authority to remove the restrictions on the sale of such lands, not to exceed two acres in each case, as allottees of the Five Civilized Tribes, including full-bloods and minors, may desire to sell for school purposes.12 12 35 Stat. 447, c. 216. CHAPTER 42 ACT JUNE 28, 1898, ENTITLED "AN ACT FOR THE PROTECTION OF THE PEOPLE OF THE INDIAN TERRITORY AND FOR OTHER PURPOSES," NOT INCLUD ING THE ATOKA AGREEMENT (CHAPTER 517, 30 STAT. 495) § 393. Certain crimes to be punished. 394. Authorizing making nations parties to suits. 395. Jurisdiction where tribal membership denied. 396. Authorizing sale of improvements where citizenship denied. 397. Making tribe party to suit. 398. Making tribe party to suit. Regulating continuances. 399. 400. Restitution-Judgments for. 401. Police jurisdiction conferred. 402. Limitation on right to bring certain actions. 406. Organization of municipalities. 407. Townsite commissions. 408. Excessive holdings. 409. Excessive holder guilty of misdemeanor. 410. Excessive holdings-Punishment for. 411. Payments to be made direct to Indians. 418. Laws of tribes not to be enforced. 419. Indian inspector located in Indian Territory. 420. Tribal courts abolished. § 393. Certain crimes to be punished.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that in all criminal prosecutions in the Indian Territory against officials for embezzlement, bribery, and embracery the word "officer," when the same appears in the criminal laws heretofore extended over and put in force in said territory, shall include |