now conferred on justices of the peace under the general laws of the State of Oregon, so far as the same may be applicable in said district, and may not be in conflict with this act or the laws of the United States. They shall also have jurisdiction, subject to the supervision of the district judge, in all testamentary and probate matters, and for this purpose their courts shall be opened at stated terms and be courts of record, and be provided with a seal for the authentication of their official acts. They shall also have power to grant writs of habeas corpus for the purpose of inquiring into the cause of restraint of liberty, which writs shall be made returnable before the said district judge for said district; and like proceedings shall be had thereon as if the same had been granted by said judge under the general laws of the United States in such cases. Said commissioners shall also have the powers of notaries public, and shall keep a record of all deeds and other instruments of writing acknowledged before them and relating to the title to or transfer of property within said district, which record shall be subject to public inspection. Said commissioners shall also keep a record of all fines and forfeitures received by them, and shall pay over the same Governor to re-quarterly to the clerk of said district court. The governor operations of appointed under the provisions of this act shall, from time Alaska Seal and to time, inquire into the operations of the Alaska Seal and Fur Company. Fur Company, and shall annually report to Congress the

port to Congress

Marshal; authority.

result of such inquiries and any and all violations by said company of the agreement existing between the United States and said company.

SEC. 6. That the marshal for said district shall have the general authority and powers of the United States marshals of the States and Territories. He shall be the exec-· utive officer of said court, and charged with the execution of all process of said court and with the transportation and custody of prisoners, and he shall be ex officio keeper of Deputy Mar- the jail or penitentiary of said district. He shall appoint Residence of four deputies, who shall reside severally at the towns of deputy marshals. Sitka, Wrangel, Oonalashka, and Juneau City, and they

shals.

General laws of Oregon made applicable.

Imprisonment

shall respectively be ex officio constables and executive officers of the commissioners' courts herein provided, and shall have the powers and discharge the duties of United States deputy marshals, and those of constables under the laws of the State of Oregon now in force.

SEC. 7. That the general laws of the State of Oregon now in force are hereby declared to be the law in said district, so far as the same may be applicable and not in conflict with the provisions of this act or the laws of the United States; and the sentence of imprisonment in any in criminal cases. criminal case shall be carried out by confinement in the jail or penitentiary hereinafter provided for. But the said district court shall have exclusive jurisdiction in all cases in equity or those involving a question of title to land, or mining rights, or the constitutionality of a law, Civil cases, how and in all criminal offenses which are capital. In all civil

determined.

cases, at common law, any issue of fact shall be determined by a jury, at the instance of either party; and an appeal shall lie in any case, civil or criminal, from the Appeals. judgment of said commissioners to the said district court where the amount involved in any civil case is two hundred dollars or more, and in any criminal case where a fine of more than one hundred dollars or imprisonment is imposed, upon the filing of a sufficient appeal bond by the party appealing, to be approved by the court or commissioner. Writs of error in criminal cases shall issue to the said dis- Writs of error. trict court from the United States circuit court for the district of Oregon in the cases provided in chapter one hundred and seventy-six of the laws of eighteen hundred and seventy-nine; and the jurisdiction thereby conferred Jurisdiction of upon circuit courts is hereby given to the circuit court of Oregon. Oregon. And the final judgments or decrees of said circuit Final judg and district court may be reviewed by the Supreme Court of the United States as in other cases.

circuit courts in

ment, etc.

and district.

U. S. land office

Sitka.

U. S. mining

Lands owned

SEC. 8. That the said district of Alaska is hereby created a land district, and a United States land-office for said dis- at trict is hereby located at Sitka. The commissioner provided for by this act to reside at Sitka shall be ex officio register of said land-office, and the clerk provided for by Register. this act shall be ex officio receiver of public moneys and Receiver. the marshal provided for by this act shall be ex officio surveyor-general of said district and the laws of the United States relating to mining claims, and the rights laws made appliincident thereto, shall, from and after the passage of this cable. act, be in full force and effect in said district, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, approved by the President: Provided, That the Indi- Proviso. ans or other persons in said district shall not be disturbed by Indians. in the possession of any lands actually in their use or occupation or now claimed by them but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress: And provided further, That parties who have located mines or mineral privileges Mines and therein under the laws of the United States applicable to mining claims. the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid: And provided Proviso. also, That the land not exceeding six hundred and forty acres at any station now occupied as missionary stations Missionary staamong the Indian tribes in said section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of the several religious societies to which said missionary stations respectively belong until action by Congress. But nothing contained in this weneral land act shall be construed to put in force in said district the applicable. general land laws of the United States.

Proviso.

tions.

Appointment

SEC. 9. That the governor, attorney, judge, marshal, of governor, etc., clerk, and commissioners provided for in this act shall be to be made by

the President.

Fees.

Salaries.

Traveling ex

penses.

Fees of com

appointed by the President of the United States, by and with the advice and consent of the Senate, and shall hold Term of office. their respective offices for the term of four years, and until their successors are appointed and qualified. They shall severally receive the fees of office established by law for the several offices the duties of which have been hereby conferred upon them, as the same are determined and allowed in respect of similar offices under the laws of the United States, which fees shall be reported to the AttorneyGeneral and paid into the Treasury of the United States. They shall receive respectively the following annual salaries. The governor, the sum of three thousand dollars; the attorney, the sum of two thousand five hundred dollars; the marshal, the sum of two thousand five hundred dollars; the judge, the sum of three thousand dollars; and the clerk, the sum of two thousand five hundred dollars, payable to them quarterly from the Treasury of the United States. The District Judge, Marshal, and District Attorney shall be paid their actual, necessary expenses when traveling in the discharge of their official duties. A detailed account shall be rendered of such expenses under oath and as to the marshal and district attorney such account shall be approved by the judge, and as to his missioners, etc. expenses by the Attorney General. The commissioners shall receive the usual fees of United States commissioners and of justices of the peace for Oregon, and such fees for recording instruments as are allowed by the laws of Oregon for similar services, and in addition a salary of one thousand dollars each. The deputy marshals, in addition to the usual fees of constables in Oregon, shall receive each a salary of seven hundred and fifty dollars, which salaries shall also be payable quarterly out of the Treasury of the United States. Each of said officials shall, before entering on the duties of his office, take and subscribe an oath that he will faithfully execute the same, which said oath may be taken before the judge of said district or any United States district or circuit judge. That all officers appointed for said district, before entering upon the duties of their offices, shall take the oaths required by law and the laws of the United States, not locally inapplicable to said district and not inconsistent sembly and Dele- with the provisions of this act are hereby extended thereto; gate to Congress but there shall be no legislative assembly in said district, nor shall any Delegate be sent to Congress therefrom. And the said clerk shall execute a bond, with sufficient sureties, in the penalty of ten thousand dollars, for the faithful performance of his duties, and file the same with the Secretary of the Treasury before entering on the duties Bond of com- of his office; and the commissioners shall each execute a bond, with sufficient sureties, in the penalty of three thousand dollars, for the faithful performance of their duties, and file the same with the clerk before entering on the duties of their office.

Oath of office.

Legislative as

prohibited.

missioners, etc.

ings.

SEC. 10. That any of the public buildings in said dis-, Public buildtrict not required for the customs service or military purposes shall be used for court-rooms and offices of the civil government; and the Secretary of the Treasury is hereby directed to instruct and authorize the custodian of said buildings forthwith to make such repairs to the jail in Jail in Sitka, the town of Sitka, in said district, as will render it suitable for a jail and penitentiary for the purposes of the civil government hereby provided, and to surrender to the marshal the custody of said jail and the other public buildings, or such parts of said buildings as may be selected for court-rooms, offices, and officials.

repairs.

appli

SEC. 11. That the Attorney-General is directed forth- Laws cable, etc., printwith to compile and cause to be printed, in the English ing of. language, in pamphlet form, so much of the general laws of the United States as is applicable to the duties of the governor, attorney, judge, clerk, marshals, and commissioners appointed for said district, and shall furnish for the use of the officers of said Territory so many copies as may be needed of the laws of Oregon applicable to said district.

to examine and

dians, lands, etc.

SEC. 12. That the Secretary of the Interior shall select, Commissioners two of the officers to be appointed under this act, who, report on the together with the governor, shall constitute a commission condition of Into examine into and report upon the condition of the Indians residing in said Territory, what lands, if any, should be reserved for their use, what provision shall be made for their education what rights by occupation of settlers should be recognized, and all other facts that may be necessary to enable Congress to determine what limitations or conditions should be imposed when the land laws of the United States shall be extended to said district; and to defray the expenses of said commission the sum of Appropriation two thousand dollars is hereby appropriated out of any commission. moneys in the Treasury not otherwise appropriated.

for expenses of

SEC. 13. That the Secretary of the Interior shall make Education of needful and proper provision for the education of the chil-children. dren of school age in the Territory of Alaska, without reference to race, until such time as permanent provision shall

be made for the same, and the sum of twenty-five thou- Appropriation. sand dollars, or so much thereof as may be necessary is

hereby appropriated for this purpose.

liquors, except

SEC. 14. That the provisions of chapter three, title R. S., p. 343. twenty-three, of the Revised Statutes of the United States, relating to the unorganized Territory of Alaska, shall remain in full force, except as herein specially otherwise provided; and the importation manufacture and sale of, Intoxicating intoxicating liquors in said district except for medicinal for medicinal mechanical and scientific purposes is hereby prohibited purposes, etc, under the penalties which are provided in section nine- R. S. p. 343. teen hundred and fifty-five of the Revised Statutes for the wrongful importation of distilled spirits. And the Presi- President to dent of the United States shall make such regulations as regulations, etc. are necessary to carry out the provisions of this section.

Approved, May 17, 1884,

prohibited.

make necessary

TERRITORY OF OKLAHOMA.

Act of May 2, 1890; 26 Stats., 81.

May 2, 1890.

Oklahoma.

CHAP. 182.—An act to provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States Court in the Indian Territory, and for other purposes.

Be it enacted by the Senate and House of Representatives Territory of of the United States of America in Congress assembled, Erected in In- SEC. 1. That all that portion of the United States now dian Territory known as the Indian Territory, except so much of the same

etc.

government.

Boundaries.

as is actually occupied by the five civilized tribes, and the Indian tribes within the Quapaw Indian Agency, and except the unoccupied part of the Cherokee outlet, together with that portion of the United States known as the Public Temporary Land Strip, is hereby erected into a temporary government by the name of the Territory of Oklahoma. The portion of the Indian Territory included in said Territory of Oklahoma is bounded by a line drawn as follows: Commencing at a point where the ninety-eighth meridian crosses the Red River, thence by said meridian to the point where it crosses the Canadian River, thence along said river to the west line of the Seminole country, thence along said line to the north fork of the Canadian River, thence down said river to the west line of the Creek country, thence along said line to the northwest corner of the Creek country, thence along the north line of the Creek country, to the ninety-sixth meridian, thence northward by said meridian to the southern boundary line of Kansas, thence west along said line to the Arkansas River, thence down said river to the north line of the land occupied by the Ponca tribe of Indians from which point the line runs so as to include all the lands occupied by the Ponca, Tonkawa, Otoe and Missouria, and the Pawnee tribes of Indians until it strikes the south line of the Cherokee outlet which it follows westward to the east line of the State of Texas, thence by the boundary line of the State of Texas to the point of beginPublic Landning; the Public Land Strip which is included in said Territory of Oklahoma is bounded east by the one hundredth meridian, south by Texas, west by New Mexico, north by When Chero- Colorado and Kansas. Whenever the interest of the Cherokee Indians in the land known as the Cherokee outlet shall have been extinguished and the President shall make proclamation thereof, said outlet shall thereupon and without further legislation, become a part of the Territory of Okla

Strip included.

kee outlet included.