United States by any party in interest feeling aggrieved at the decision of the Court of Claims, any claim which the Cherokee tribe, or any band thereof, arising under treaty stipulations may have against the United States, upon which suit shall be instituted within two years after the approval of this act; and also to examine, consider, and adjudicate any claim which the United States may Proceedings. have against said tribe, or any band thereof. The institution, prosecution, or defense, as the case may be, on the part of the tribe or any band, of any such suit, shall be through attorneys employed and to be compensated in the manner prescribed in sections twenty-one hundred and three to twenty-one hundred and six, both inclusive, R. S. secs. of the Revised Statutes of the United States, the tribe acting through its principal chief in the employment of such attorneys, and the band acting through a committee recognized by the Secretary of the Interior. The Court of Claims shall have full authority, by proper orders and process, to make parties to any such suit all persons whose presence in the litigation it may deem necessary or proper to the final determination of the matter in controversy, and any such suit shall, on motion of either party, be advanced on the docket of either of said courts and be determined at the earliest practicable time. 2103-2104. Contests. Selection of allotments for minors. ers, etc. SEC. 69. After the expiration of nine months after the date of the original selection of an allotment by or for any citizen of the Cherokee tribe as provided in this Act, no contest shall be instituted against such selection, and as early thereafter as practicable patent shall issue therefor. SEC. 70. Allotments may be selected and homesteads designated for minors by the father or mother, if citizens, or by a guardian, or curator, or the administrator having Forte, prison- charge of their estate, in the order named; and for prisoners, convicts, aged and infirm persons, and soldiers and sailors of the United States on duty outside of the Indian Territory, by duly appointed agents under power of attorney; and for incompetents by guardians, curators, or other suitable persons akin to them; but it shall be the duty of said Commission to see that said selections are made for the best interests of such parties. Payment of appraised provements. SEC. 71. Any allottee taking as his allotment lands value of im- located around the Cherokee National Male Seminary, the Cherokee National Female Seminary, or Cherokee Orphan Asylum which have not been reserved from allotment as herein provided, and upon which buildings, fences, or other property of the Cherokee Nation are located, such buildings, fences, or other property shall be appraised at the true value thereof and be paid for by Disposition of the allottee taking such lands as his allotment, and the money to be paid into the Treasury of the United States to the credit of the Cherokee Nation. proceeds. Leases vold. SEC. 72. Cherokee citizens may rent their allotments Grazing and agricultural when selected for a term not to exceed one year for graz- leases limited. ing purposes only, and for a period not to exceed five years for agricultural purposes, but without any stipulation or obligation to renew the same; but leases for a period longer than one year for grazing purposes and for a period longer than five years for agricultural purposes and for mineral purposes may also be made with the approval of the Secretary of the Interior and not. otherwise. Any agreement or lease of any kind or character violative of this section shall be absolutely void and not susceptible of ratification in any manner, and no rule of estoppel shall ever prevent the assertion of its invalidity. Cattle grazed upon leased allotments shall ing on leased not be liable to any tribal tax, but when cattle are in- allotments not troduced into the Cherokee Nation and grazed on lands Grazing on unnot selected as allotments by citizens the Secretary of allotted lands. the Interior shall collect from the owners thereof a reasonable grazing tax for the benefit of the tribe, and section twenty-one hundred and seventeen of the Revised R. S., sec. Statutes of the United States shall not hereafter apply to Cherokee lands. Cattle graz taxable. 2117, p. 370. and property fected. SEC. 73. The provisions of section thirteen of the Act, Other lands of Congress approved June twenty-eighth, eighteen hun- of tribe not af dred and ninety-eight, entitled "An Act for the protection of the people of the Indian Territory, and for other purposes," shall not apply to or in any manner affect the lands or other property of said tribe, and no Act of Congress or treaty provision inconsistent with this agreement shall be in force in said Nation except sections fourteen and twenty-seven of said last-mentioned Act, which shall continue in force as if this agreement had not been made. SEC. 74. This Act shall not take effect or be of any Ratification. validity until ratified by a majority of the whole number of votes cast by the legal voters of the Cherokee Nation in the manner following: Election. Agreement ratified by SEC. 75. The principal chief shall, within ten days after the passage of this Act by Congress, make public proclamation that the same shall be voted upon at a special election to be held for that purpose within thirty days thereafter, on a certain date therein named, and he shall appoint such officers and make such other provi- Cherokees Aug. sions as may be necessary for holding such election. The 7, 1902. votes cast at such election shall be forthwith duly certified as required by Cherokee law, and the votes shall be counted by the Cherokee national council, if then in session, and if not in session the principal chief shall convene an extraordinary session for the purpose, in the presence of a member of the Commission to the Five Civilized Tribes, and said member and the principal chief shall jointly make certificate thereof and proclama- Proclamation. tion of the result, and transmit the same to the President of the United States. Approved, July 1, 1902. May 27, 1902. 32 Stat., 742. priation act. [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. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Indian appro- That the Act entitled "An 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 purDate of effect. poses," shall take effect from and after July first, nineteen hundred and two, except as otherwise specially provided therein. Jan. 21, 1903. [Public, No. 32.1 32 Stat., 774. Approved, May 27, 1902. CHAP. 195.-An act to amend an act entitled "An act to provide for the use of timber and stone for domestic and industrial purposes in the Indian Territory," approved June sixth, nineteen hundred. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemIndian Terri- bled, That the act entitled "An act to provide for the use tory. Use of tim- of timber and stone for domestic and industrial purposes ber and stone in the Indian Territory," approved June sixth, nineteen purposes. hundred, be amended so as to read as follows: for industrial the Interior to etc. roads. Secretary of "That the Secretary of the Interior is authorized to prescribe rules, prescribe rules and regulations for the procurement of timber and stone for domestic and industrial purposes, including the construction, maintenance, and repairs of Use by rail- railroads and other highways, to be used only in the Indian Territory, or upon any railroad outside of the said Territory which is part of any continuous line of railroad extending into the said Territory, from lands belonging to either of the Five Civilized Tribes, and to fix the full value thereof to be paid therefor and collect the same for the benefit of said tribes: Provided, howlottees to dis- ever, That nothing herein contained shall be construed pose of timber, etc., not affect to prevent allottees from disposing of timber and stone on their allotments, as provided in section sixteen of an act entitled 'An act for the protection of the people of the Indian Territory, and for other purposes,' approved June twenty-eighth, eighteen hundred and ninety-eight, from and after the allotment by the Commission to the Five Civilized Tribes. ed. Proviso. Right of al Penalty for unlawfully cutting, etc. "SEC. 2. That every person who unlawfully cuts, or aids or is employed in unlawfully cutting, or wantonly destroys, or procures to be wantonly destroyed, any timber standing upon the lands of either of said tribes contrary to the provisions of this act and the regulations 32 Stat., 775 prescribed thereunder by the Secretary of the Interior, 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 trying the same." Approved, January 21, 1903. CHAP. 350.-An act fixing the punishment for the larceny of horses, cattle, and other live stock in the Indian Territory, and for other purposes. Feb. 2, 1903. [Public, No. 50.] 32 Stat., 792. Indian Terri tory. horse stealing, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem bled, That any person, whether an Indian or otherwise, who shall hereafter be convicted in the Indian Territory Penalty for of stealing any horse, mare, gelding, filly, foal, mule, ass, etc. or jenny, or of stealing, or marking, killing, or wounding 2156, and act with intent to steal, any kind of cattle, pigs, hogs, sheep, of Mar. 3, 1891. or goats, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than fifteen years, or by both such fine and imprisonment, at the discretion of the court. 32 Stat., 793. Provisos. of SEC. 2. That all acts and parts of acts inconsistent with this act are hereby repealed: Provided, however, That all such acts and parts of acts shall remain in force for fenses. the punishment of all persons who have heretofore been guilty in the Indian Territory of the offense or offenses herein mentioned: And provided further, That this act Pending cases shall not affect or apply to any prosecution now pending or the prosecution of any offense already committed. Approved, February 2, 1903. not affected. CHAP. 707.-An act providing for record of deeds and other con- Feb. 19, 1903. veyances and instruments of writing in Indian Territory, and for other purposes. 1 [Public, No. Indian Terri tory. Laws of Ar ed to. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter twenty-seven of the Digest of the Statutes of Arkansas, known as Mansfield's Digest of Recording of eighteen hundred and eighty-four, is hereby extended to deeds, etc., in. the Indian Territory, so far as the same may be appli- kansas extend cable and not inconsistent with any law of Congress: Provided, That the clerk or deputy clerk of the United 2 Stat., 842. States court of each of the courts of said Territory shall to be ex officio be ex officio recorder for his district and perform the recorders. duties required of recorder in the chapter aforesaid, and use the seal of such court in cases requiring a seal, and keep the records of such office at the office of said clerk or deputy clerk. Clerks, etc., Duties of clerks. 1905, ch. 1077. It shall be the duty of each clerk or deputy clerk of such court to record in the books provided for his office all deeds, mortgages, deeds of trust, bonds, leases, covenants, defeasances, bills of sale, and other instruments 1479, 33 Stat., of writing of or concerning lands, tenements, goods, or chattles; and where such instruments are for a period of time limited on the face of the instrument they shall be filed and indexed, if desired by the holder thereof, and 1 Schultis r. McDougal, 170 Fed., 1529; same, 225 U. S., 561. ing, etc. such filing for the period of twelve months from the filing thereof shall have the same effect in law as if recorded at Fees for fil-length. The fees for filing, indexing, and cross indexing such instruments shall be twenty-five cents, and for recording shall be as set forth in section thirty-two hundred and forty-three of Mansfield's Digest of eighteen hundred and eighty-four. in fees. 1402. sec. 24, Limit. Compensation That the said clerk or deputy clerk of such court shall 1904, ch. receive as compensation as such ex officio recorder for 33 Sat., 224.' his district all fees received by him for recording instruments provided for in this act, amounting to one thousand eight hundred dollars per annum or less; and all fees so received by him as aforesaid amounting to more Disposition of than the sum of one thousand eight hundred dollars per annum shall be accounted to the Department of Justice, to be applied to the permanent school fund of the district in which said court is located. surplus fees. Prior records transferred Such instruments heretofore recorded with the clerk of without cost. any United States court in Indian Territory shall not be required to be again recorded under this provision, but shall be transferred to the indexes without further cost, and such records heretofore made shall be of full force and effect, the same as if made under this statute. Word substitutions. Acknowledgment of deeds. etc. cording. That wherever in said chapter the word "county" occurs there shall be substituted therefor the word "district," and wherever the words "State" 66 or State of Arkansas" occur there shall be substituted therefor the words "Indian Territory," and wherever the words. "clerk" or "recorder" occur there shall be substituted the words "clerk or deputy clerk of the United States. court." All acknowledgements of deeds of conveyance taken within the Indian Territory shall be taken before a clerk or deputy clerk of any of the courts in said Territory, a United States commissioner, or a notary public appointed in and for said Territory. Places of re- All instruments of writing the filing of which is provided for by law shall be recorded or filed in the office of the clerk or deputy clerk at the place of holding court in the recording district where said property may be located, and which said recording districts are bounded as follows: District No. 1. District No. 2. Vinita. District numbered one shall comprise all of the reservations heretofore existing under the Quapaw Agency, and the place of record shall be at Miami, as provided in the Indian appropriation act for the fiscal year ending June thirtieth, nineteen hundred and three. District numbered two shall begin at a point where the northern boundary line of the Indian Territory intersects with the western boundary line of the Quapaw Agency, thence in a southerly and easterly direction, following the western and southern boundaries of the Quapaw Agency to the west line of the State of Missouri; thence |