Survey, etc., of Indian ap etc. okees, etc. town sites heretofore set aside and reserved from allotment: And provided further, That nothing herein con- town sites by tained shall prevent the survey and platting, at their own private parties. expense, of town sites by private parties where stations. are located along the lines of railroads, nor the unrestricted alienation of lands for such purposes, when recommended by the Commission to the Five Civilized Tribes and approved by the Secretary of the Interior. Appointment That hereafter the Secretary of the Interior whenmay, of commissionever the chief executive of the Choctaw or Chickasaw er on failure nations fails or refuses to appoint a town-site commis- pointee to act, sioner for any town, or to fill any vacancy caused by the neglect or refusal of the town-site commissioner appointed by the chief executive of the Choctaw or Chickasaw nations to qualify or act, in his discretion, appoint a commissioner to fill the vacancy thus created. Section sixty-eight of the act of Congress entitled "An Eastern Cheract to provide for the allotment of the lands of the Cherokee Nation, for the disposition of town sites therein, and for other purposes," approved July first, nineteen hundred and two, shall be so construed as to give the Eastern Cherokees, so called, including those in the Cherokee Nation and those who remained east of the Mississippi River, acting together or as two bodies, as they may be advised, the status of a band or bands, as the case may be, for all the purposes of said section: Provided, That the prosecution of such suit on the part of Compensation the Eastern Cherokees shall be through attorneys employed by their proper authorities, their compensation for expenses and services rendered in relation to such claim to be fixed by the Court of Claims upon the termination of such suit; and said section shall be further so construed as to require that both the Cherokee Nation and said Eastern Cherokees, so called, shall be made. parties to any suit which may be instituted against the United States under said section upon the claim mentioned in House of Representatives Executive Document Numbered Three hundred and nine of the second session of the Fifty-seventh Congress; and if said claim shall Judgment. be sustained in whole or in part the Court of Claims, subject to the right of appeal named in said section, shall be authorized to render a judgment in favor of the rightful claimant, and also to determine as between the different claimants, to whom the judgment so rendered, equitably belongs either wholly or in part, and shall be required to determine whether, for the purpose of participating in said claim, the Cherokee Indians who remained east of the Mississippi River constitute a part of the Cherokee Nation, or of the Eastern Cherokees, so called, as the case may be. Proviso. of attorneys. Parties to suit. Seminole Na tion. Mar. 4, 1906. Deeds to In SEC. 8. That the tribal government of the Seminole Tribal govern- Nation shall not continue longer than March fourth, ment to cease nineteen hundred and six: Provided, That the Secretary Proviso. of the Interior shall at the proper time furnish the prindian allottees. cipal chief with blank deeds necessary for all conveyances mentioned in the agreement with the Seminole Nation contained in the act of July first, eighteen hundred and 30 Stat., 568. ninety-eight (Thirtieth Statutes, page five hundred and sixty-seven), and said principal chief shall execute and deliver said deeds to the Indian allottees as required by said act, and the deeds for allotment, when duly executed and approved, shall be recorded in the office of the Dawes Commission prior to delivery and without expense to the allottee until further legislation by Congress, and such records shall have like effect as other public records: Homesteads Provided further, That the homestead referred to in 21 years. said act shall be inalienable during the lifetime of the allottee, not exceeding twenty-one years from the date of the deed for the allotment. A separate deed shall be issued for said homestead, and during the time the same is held by the allottee it shall not be liable for any debt contracted by the owner thereof. alienable after Non liability for debt. Feb. 18, 1904. CHAP. 160.-An act making appropriations to supply urgent defiH. R. 10954.] ciencies in the appropriations for the fiscal year ending June 30, 1904, and for prior years, and for other purposes. [Public, No. 22.] 33 Stat., 15. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: Clerk to sign deeds. * DEPARTMENT OF THE INTERIOR. Pay of one clerk, to be appointed by the Secretary of 1904, ch. 716. the Interior, to sign, under the direction of the Secretary, 333 Stat., 30. in his name and for him, his approval of all tribal deeds to allottees and deeds for town lots made and executed according to law for any of the Five Civilized Tribes of Indians in the Indian Territory, salary from March tenth to June thirtieth, nineteen hundred and four, three hundred and seventy-three dollars and thirty-five cents. Commission, To supply deficiencies in the appropriations for "Com- Five Civilized mission, Five Civilized Tribes," fiscal years nineteen hun- Tribes. dred and three and nineteen hundred and four, including all objects mentioned under this title of appropriation in the Indian appropriation act for the fiscal year nineteen hundred and four, forty-two thousand seven hundred and forty-eight dollars and nine cents. Indian Terri Town site Expenses. Town-site commissioners, Indian Territory: To pay tory. all expenses incident to the survey, platting, and ap-commissioners. praisement of town sites in the Choctaw, Chickasaw, Creek, and Cherokee Nations, Indian Territory, as required by sections fifteen and twenty-nine of the act of Congress approved June twenty-eighth, eighteen hundred and ninety-eight, and all acts amendatory thereto, thirty thousand dollars. Five Civilized Tribes: For the purpose of placing Allotments. allottees in unrestricted possession of their allotments, fifteen thousand dollars. CHAP. 405.-An act establishing a United States court at Marietta, Mar. 7, 1904. Indian Territory. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the places now provided by law for holding courts in the southern judicial district of Indian Territory court shall be held in the town of Marietta, and all laws regulating the holding of courts in the Indian Territory shall be applicable to the said court hereby created in the said town of Marietta. SEC. 2. That the territory described in this section shall be known as recording district numbered twenty-six. "Beginning at a point where range line between ranges two and three west reaches Red River, being the corner of district numbered twenty; thence down Red River with all of its meanderings to the range line between ranges three and four east, being corner of district numbered twenty-one; thence north on said range line to township line between numbers five and six south; thence west on said township line to where it intersects township line between townships two and three west, same being east line of district numbered twenty; thence south on said township line to Red River." The place of recording in such district shall be at the town of Marietta, and the provisions of the act of Congress approved February nineteenth, nineteen hundred and three, shall apply to this district where applicable. SEC. 3. That all laws and parts of laws in conflict with the provisions of this act are hereby repealed. Approved, March 7, 1904. 33 Stat., 60. Mar. 11, 1904. CHAP. 505.—An act authorizing the Secretary of the Interior to [S. 3317.] grant right of way for pipe lines through Indian lands. [Public, No. 45. 33 Stat., 65. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemIndian lands. bled, That the Secretary of the Interior is hereby auRight of way thorized and empowered to grant a right of way in the etc.. pipe lines nature of an easement for the construction, operation, through. Interior to ap Provisos. lines. Pipe lines laid under railroads. and maintenance of pipe lines for the conveyance of oil and gas through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purposes in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, Secretary of upon the terms and conditions herein expressed. No prove location. Such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from, and the maps of definite location of said lines approved by, the Secretary of the Interior: ProLateral pipe vided, That the construction of lateral lines from the main pipe line establishing connection with oil and gas wells on the individual allotments of citizens may be constructed without securing authority from the Secretary of the Interior and without filing maps of definite location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has been obtained by the pipe line company: Provided further, That in case it is desired to run a pipe line under the line of any railroad, and satisfactory arrangements can not be made with the railroad company, then the question shall be referred to the Secretary of the Interior, who shall prescribe the terms and conditions under which the pipe line company shall be permitted to Compensa-lay its lines under said railroad. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final apAnnual tax. proval. And where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line No exemption SO Constructed and maintained under such rules and regfrom State, ulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Rights of in- Territorial, or municipal authority. And incorporated cities and towns into and through which such pipe lines may be constructed shall have the power to regulate the tion. etc., taxes. corporated cities. Use of right of way restrict manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities, and nothing herein shall authorize the use of such right of way ed. except for pipe line, and then only so far as may be necessary for its construction, maintenance, and care: Provided, That the rights herein granted shall not extend beyond a period of twenty years: Provided further, That the Secretary of the Interior, at the expiration of said twenty years, may extend the right to maintain any pipe line constructed under this act for another period not to exceed twenty years from the expiration of the first right, upon such terms and conditions as he may deem proper. SEC. 2. The right to alter, amend, or repeal this act is expressly reserved. Approved, March 11, 1904. Time limit. Amendment. CHAP. 544.-An act authorizing bail in criminal cases upon ap- Mar. 14, 1904. peal in the courts of Indian Territory. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That upon appeals in all criminal cases from inferior courts to the United States district courts, and from the district courts to the court of appeals, in the Indian Territory, the defendants shall be admitted to bail pending the final determination of the cases upon appeal except in capital cases. The amount of bail shall be fixed and the bond shall be approved by the court trying the case or by one of the judges of the court of appeals. Such bond shall be conditional for the appearance of the defendant at all times, when required in the prosecution of said appeal, and that he will surrender himself in execution of the final judgment therein. SEC. 2. That the provisions of this act shall apply to all cases now pending upon appeal in the courts of the Indian Territory. 33 Stat.. 80. Approved, March 14, 1904. CHAP. 1402.-An act making appropriations for the current and Apr. 21, 1904, contingent expenses of the Indian Department and for ful- H. R. 12684.] filling treaty stipulations with various Indian tribes for the [Public, No. fiscal year ending June thirtieth, nineteen hundred and five, and 125.] for other purposes. 33 Stat.. 189. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, Indian Deappropriated, out of any money in the Treasury not other-propriations. wise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department, and in full compensation for all offices the salaries for which partment ap are specially provided for herein, for the service of the 33 Stat., 190. |