Indian Territory. help, including secretary of Commission, five thousand six hundred dollars; for contingent expenses of the Commission, one thousand four hundred dollars; in all, fortytwo thousand dollars: Provided, That out of the appropriations for salaries and expenses of said commissioners for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and prior years, there shall be paid for services heretofore performed, to F. E. Willie, twenty-seven dollars; A. W. Dickey, thirty-nine dollars; W. H. McClendon, thirty-three dollars; Henry Stroup, five hundred dollars; N. L. Steele, one hundred dollars: And provided further, The disbursing agent of said Commission may reimburse A. S. McKennon out of said fund fifty dollars heretofore paid by him to W. S. Olive for services. That the commission appointed to negotiate with the 1896, June 10, Five Civilized Tribes in the Indian Territory shall examJune 28, c. 517; ine and report to Congress whether the Mississippi Choc1899, Mar. 1, c. taws under their treaties are not entitled to all the rights of Choctaw citizenship except an interest in the Choctaw 324. of U. S. courts annuities: jurisdiction Provided further, That on and after January first, and commis- eighteen hundred and ninety-eight, the United States 1890, May 2, courts in said Territory shall have original and exclusive 182, s. 29, jurisdiction and authority to try and determine all civil sioners. 30. -laws applicable, irrespective causes in law and equity thereafter instituted and all criminal causes for the punishment of any offense committed after January first, eighteen hundred and ninetyeight, by any person in said Territory, and the United States commissioners in said Territory shall have and exercise the powers and jurisdiction already conferred upon them by existing laws of the United States as respects all persons and property in said Territory; and the laws of the United States and the State of of race. Arkansas in force in the Territory shall apply to all per1895, Mar. 1, sons therein, irrespective of race, said courts exercising jurisdiction thereof as now conferred upon them in the trial of like causes; c. 145, s. 4. tribe may be juror. -citizen of and any citizen of any one of said tribes otherwise qualified who can speak and understand the English language may serve as a juror in any of said courts. Authority of commission That said commission shall continue to exercise all aucontinued. thority heretofore conferred on it by law to negotiate with the Five Tribes, and any agreement made by it with any one of said tribes, when ratified, shall operate to suspend any provisions of this Act if it conflict therewith as to said nation. "Rolls of citi fined. c. 398. Provided, That the words "rolls of citizenship," as zenship" de- used in the Act of June tenth, eighteen hundred and 1896, June 10, ninety-six, making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and thenticated ninety-seven, shall be construed to mean the last authenti-approved aucated rolls of each tribe which have been approved by roll. the council of the nation, and the descendants of those appearing on such rolls, and such additional names and their descendants as have been subsequently added, either by the council of such nation, the duly authorized courts thereof, or the commission under the Act of June tenth, eighteen hundred and ninety-six. And all other names appearing upon such rolls shall be open to investigation by such commission for a period of six months after the passage of this Act. And any name appearing on such investigation rolls and not confirmed by the act of June tenth, eighteen hundred and ninety-six, as herein construed, may be stricken therefrom by such commission where the party affected shall have ten days previous notice that said en from rolls. commission will investigate and determine the right of such party to remain upon such roll as a citizen of such nation: of names. -names strick Right of ap peal. acts, etc., of Civilized Provided, also, That any one whose name shall be stricken from the roll by such commission shall have the right of appeal, as provided in the Act of June tenth, eighteen hundred and ninety-six. That on and after January first, eighteen hundred and Approval of ninety-eight, all acts, ordinances, and resolutions of the Five council of either of the aforesaid Five Tribes passed shall Tribes. be certified immediately upon their passage to the President of the United States and shall not take effect, if disapproved by him, or until thirty days after their passage: Provided, That this Act shall not apply to resolutions-adjournment for adjournment, or any acts, or resolutions, or ordinances etc., excepted." in relation to negotiations with commissioners heretofore appointed to treat with said tribes. resolutions, judge for Ter That there shall be appointed by the President, by and Additional with the advice and consent of the Senate, one additional ritory. judge for said Territory;1 of and the appellate court of said Territory shall designate-terms the places in the several judicial districts therein at which court, etc. and the times when such judge shall hold court, and courts shall be held at the places now provided by law and at the town of Wagoner and at such other places as shall-at Wagoner. be designated by said appellate court; -member of and said judge shall be a member of the appellate court, appellate court. and shall have all authority, exercise all powers, perform like duties, and receive the same salary as other judges of said courts, and shall serve for a term of four years from the date of appointment: ineligible. Provided, That no one of said judges shall sit in the When judge hearing of any case in said appellate court which was decided by him. * * * The United States Court in the Indian Territory is provided for by the acts of 1889, cb. 333, ante p. 39; 1890, ch. 182, sec. 29-43, ante p. 47; 1895, ch. 145, ante p. 71; 1898, ch. 517, post p. 90. Indian Territory, comple For completion of the survey of the lands in the Intlon' of survey. dian Territory, one hundred thousand dollars, or so much thereof as may be necessary, to be immediately Providone available: Provided, That the surveys herein authorized, by Geologica. or any part of them in the Indian Territory, shall be Survey. made under the supervision of the Director of the Geo etc. To be logical Survey by such persons as may be employed by or under him for that purpose; and such surveys shall be executed under instructions to be issued by the Secretary of the Interior, and subdivisional surveys shall be executed under the rectangular system, as now provided by Filing plats, law: Provided further, That when any surveys shall have been so made and plats and field notes thereof prepared, they shall be approved and certified by the Director of the Geological Survey, and two copies thereof shall be returned, one for filing in the Indian Office and one in the General Land Office; and such surveys, field Force and ef notes, and plats shall have the same legal force and effect fect. [30 Stat., 86.] Chickasaw Provisos. vey. etc. as heretofore given to the acts of surveyors-general: Provided further, That all laws inconsistent with the provisions hereof are hereby declared to be inoperative as respects such surveys. For resurvey of the lands of the Chickasaw Nation, Nation, Ind. T., Indian Territory, one hundred and forty-one thousand resurvey. five hundred dollars, to be immediately available: ProTo be done by vided, That such resurveys shall be made under the superGeological Sur-vision of the Director of the Geological Survey by such persons as may be employed by or under him for that purpose; and such surveys shall be executed under instructions to be issued by the Secretary of the Interior, and subdivisional surveys shall be executed under the Filing plats, rectangular system, as now provided by law: Provided further, That when any surveys shall have been so made and plats and field notes thereof prepared they shall be approved and certified to by the Director of the Geological Survey, and two copies of the field notes shall be returned, one for filing in the Indian Office and one in the Photolitho General Land Office, and twenty photolithographic copies graphic coples. of the plats shall be returned, one for filing in the Office of Indian Affairs and one in the General Land Office, which shall be certified to by the Director of the Geological Survey, and the others filed in the General Land Office, with the facsimile of the signature of the Director of the Geological Survey; and the same provision shall also extend to the plats to be filed of the surveys already made or to be made under the supervision of the Director of the Geological Survey within the Indian Territory, and such surveys, field notes, and plats shall have the Force and same legal force and effect as heretofore given to the acts of surveyors-general: Provided further, That all laws inconsistent with the provisions hereof are hereby declared to be inoperative as respects such surveys, and in making the resurvey the former land survey is to be disregarded, effect. Inconsistent laws. monuments. the latter now being declared null and void: Provided Boundary further, That hereafter in the public-land surveys of the Indian Territory iron or stone posts shall be erected at each township corner, upon which shall be recorded the usual marks required to be placed on township corners by the laws and regulations governing public-land surveys. * ** * * * Settlers or etc. Payment for Vol. 28, p. 451. That the Secretary of the Interior be, and he is hereby, Claim of Old authorized and directed to pay to the following persons, Western Cherand not to their assignees, immediately upon the passage okees. of this act, out of the balance remaining of the thirty-five legal services, per centum reserved for payment of legal services rendered and expenses incurred, under contract entered into by the Old Settlers or Western Cherokee Indians, through their authorized commissioners, in the prosecution of their claims, appropriated for by act of Congress approved August twenty-third, eighteen hundred and ninety-four (twenty-eighth Statutes at Large, page four hundred and fifty-one), entitled "An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninety-four, and for prior years and for other purposes, namely: William S. Peabody. Webb. To William S. Peabody, ten thousand dollars. To Charles A. Webb, administrator of the estate of Charles A. C. M. McLoud, two thousand five hundred dollars. To Marcus Erwin, administrator of the estate of Marcus Erwin, deceased, two thousand five hundred dollars. trator. To Theodore H. N. McPherson, two thousand five hun-,T. H. N. Mcdred dollars. Marcus Erwin, adminis Pherson. M. E. Carey, To Mary E. Carey, executrix of the estate of James J. executrix, etc. Newell, deceased, two thousand dollars. To John A. Sibbald, one thousand dollars. To Samuel W. Peel, two thousand five hundred dollars. To Reese H. Voorhees and John Paul Jones, three Reese thousand five hundred dollars. H. Voorhees and John Paul Jones. David A. McKnight. To David A. McKnight, two thousand dollars. and fifty cents. To Belva A. Lockwood, five hundred dollars. Belva A. To J. L. Baugh, two thousand five hundred dollars. To Stephen W. Parker, two thousand five hundred Stephen dollars. Parker. Joel To Joel M. Bryan, five thousand two hundred and fif- Bryan. teen dollars and six cents. W. M. Remainder to And the remainder of said sum of money after paying old Settlers, the foregoing specific sums shall be paid to the Old Set- etc. tlers or Western Cherokee Indians, on their requisition or requisitions made therefor by the national treasurer of the Cherokee Nation, or by such other person or persons as said Old Settlers or Western Cherokees may, in 26831-16- -14 Proviso. special council, appoint for that purpose: Provided, That the Secretary of the Interior shall take a receipt from the person so appointed to receive said money for the said Old Settlers or Cherokee Indians and every person receiving the sums of money herein specified shall receipt in full for all claims against the aforesaid fund, and such payment shall extinguish every right and claim of any kind, of any one of said parties to any part of said funds of seventy-eight thousand seven hundred and sixty-five dollars and thirteen cents. Feb. 14, 1898. 30 Stat., 241. CHAP. 18.--An act authorizing the Muscogee Coal and Railway Company to construct and operate a railway through the Indian Territory and Oklahoma Territory, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem& Ry. Co. may bled, That the Muscogee Coal and Railway Company, a construct, etc., corporation created under and by virtue of the laws of through Indian the Territory of Oklahoma, be, and the same is hereby, and Oklahoma authorized, invested and empowered with the right of Muscogee Coal railway Territories. Route. locating, constructing, owning, equipping, operating, using and maintaining a railway, telegraph and telephone line through the Indian and Oklahoma Territories, beginning at a point to be selected by said railway company at or near Red Fork, in the Creek Nation, Indian Territory, and running thence over the most practicable and feasible route, through the Creek Nation, Indian Territory, thence through the Territory of Oklahoma to Guthrie, in said Territory, with the right to construct, use, and maintain such tracks, turn-outs, sidings, and extensions as said company may deem to its interests to construct and maintain along and upon the right of way and depot grounds herein provided for: Provided, That nothing in this Act shall be so construed as to give said comfor land pany any right to use or occupy the lands herein granted, except land belonging to the United States, without paying the owner thereof a reasonable and just compensation therefor. Proviso. Compensa. tion taken. Right of way. tions. SEC. 2. That said corporation is authorized to take and use for all purposes of a railway, for its main line, and for no other purpose, a right of way one hundred feet in width through said Indian Territory and Territory of Land for sta- Oklahoma, and to take and use a strip of land one hundred feet in width, with a length of two thousand feet, in addition to right of way, for stations, for every ten miles of road, with the right to use such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of the roadbed, not exceeding fifty feet in width on each side of said right of way, or as much thereof as may be included in said cut |