towns.

seem proper, nor with the marketing and vending of proprietary and patent medicines in towns of one thousand inhabitants or less, nor with the exclusive wholesale business of any dealers, except as hereinafter provided: Sales in small Provided also, That nothing in this act shall in any manner interfere with the business of merchants in towns having less than one thousand inhabitants or in which there is no licensed pharmacy or with country merchants to sell or vend such medicines, compounds, and chemicals as are required by the general public and in form and manner prescribed by the board of pharmacy.

Restriction on liquor habit.

Poisons. Regulation of sales of.

SEC. 13. That no one who habitually uses intoxicating liquor as a beverage, or is addicted to the habitual use of any drug, shall be appointed on the board of pharmacy nor be licensed as a pharmacist or assistant pharmacist. The examining board shall in all cases require each applicant to file his written declaration, duly sworn to, to the effect that he does not habitually use vinous, malt, or alcoholic liquors, morphine, cocaine, or other like preparations as a beverage or otherwise. Anyone swearing falsely in the affidavit so filed shall be guilty of perjury, and same to apply to persons getting permits, as provided for in section twelve.

SEC. 14. That it shall be unlawful for any person, from and after the passage of this act, to retail any of the following poisons, except as follows: Arsenic and its preparations, corrosive sublimate, white precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnine, and all other poisonous vegetable alkaloids and their salts: essential oil of bitter almonds, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce; aconite, belladonna, colchicum, conium, nux vomica, henbane, savine, ergot, cotton root, cantharides, creosote, digitalis, and their phaarmaceutical preparations, croton oil, chloroform, choral hydrate, sulphate of zinc, mineral acids, carbolic acid and oxalic acid, without distinctly labeling the box, vessel, or paper in which the said poison is contained with the name of the article, the word 'poison," and the name and the place of business of the seller. Nor shall it be lawful for any registered pharmacist or other person to sell any of the poisons above enumerated without, before delivering the same to the purchaser, causing an entry to be made in a book kept for that purpose, stating the date of sale, the name and address of the purchaser, the name of the poison sold, the purpose for which it is represented by the purchaser to 33 Stat., 554. be required, and the name of the dispenser, such a book to be always open for inspection by the proper authoriPrescriptions. ties and to be preserved for at least five years. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities, or doses, upon the prescription of practitioners of medicine. Any violation

Registry.

Penalty.

of the provisions of this section shall make the offender liable to a fine of not less than twenty-five dollars and not 'more than one hundred dollars, and upon conviction for the second offense, in addition to the fine he shall have his name stricken from the register.

Patent medicines, etc. Annual license to ped

SEC. 15. That any itinerant vender of any drug, nostrum, ointment, or appliance of any kind, intended for the treatment of diseases or injury, who shall, by writing, diers. or printing, or any other method, publicly profess to cure or treat any diseases, or injury, or deformity, by any drug, nostrum, or manipulation, or other expedient, shall pay a license of one hundred dollars for the term of one year or less, to be paid to the treasurer of the board of pharmacy, and by him paid to the Territorial treasurer; whereupon the secretary of the board shall issue a license for one year. Any person violating this section shall be Penalty. deemed guilty of a misdemeanor, and shall upon conviction be fined in any sum not less than one hundred nor more than two hundred dollars.

SEC. 16. That all persons registered under the provi- toury exemp sions of this act and actively engaged in the practice of pharmacy shall be exempt from serving as jurors.

for embezzling

SEC. 17. That should the secretary or treasurer of said Punishment board willfully misappropriate or convert to their own funds of pharuse any money coming into their hands by virtue of their macy board. official capacity such officer shall upon conviction be adjudged guilty of embezzlement and punished by imprisonment not exceeding two years and by fine not less than double the amount so misappropriated or embezzled. Approved, April 28, 1904.

CHAP. 1822.-An act authorizing the payment of the Choctaw and Apr. 28, 1904. Chickasaw town-site fund, and for other purposes.

[H. R. 12382.]
[Public, No.
254.]
33 Stat., 571.

to Choctaw and

dians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the money now accumulated and which may be Indian Terrihereafter accumulated in the United States Treasury to torayment of the credit of the Choctaw and Chickasaw Nations, de- town-site funds rived from the sale of town lots in the said Choctaw and Chickasaw InChickasaw Nations, shall be paid to the members of the Choctaw and Chickasaw Tribes (freedmen excepted) in the manner following: That, beginning the first day of May, nineteen hundred and four, or as soon as practicable thereafter, the said town-site money so accumulated shall be divided and paid to the Choctaws and Chickasaws (freedmen excepted), each member to receive an equal portion thereof.

SEC. 2. That no person claiming to be a member of the Choctaw or Chickasaw Tribes shall be paid any portion of this fund until he or she has been enrolled as such member and the enrollment has been approved by the

Payments.
Date of.

Enrollment.

Reserved

Proviso. Secretary of the Interior: Provided, That there shall be funds for reserved from payment of the town-site fund an amount pending claims. equal to the sum of the pro rata shares of all persons

claiming to be members of the Choctaw or Chickasaw Tribes, entitled to share in this fund, whose claims are pending at the time said fund is divided for payment; and the money reserved shall be paid to such persons, if they be finally enrolled and their enrollment approved, in the same manner as other payments of town-site fund Disposal of are made hereunder. That if the fund thus reserved, or any part of it, should not become payable by reason of the failure of the persons claiming citizenship to be enrolled or of their enrollment to be approved as herein provided, said reserved funds shall go back to the general town-site fund to be divided and paid to the members of said tribes of approved enrollment as other townsite funds.

unused reserve funds.

Payment of amounts due

sons.

SEC. 3. That if any person whose name appears upon deceased per the rolls as herein provided shall have died subsequent to the twenty-fifth day of September, nineteen hundred and two, and before receiving his pro rata share of the accumulated town-site fund, the money to which such person would have been entitled if living shall be paid in his name to his legal representative.

Subsequent payments.

SEC. 4. That following the payment to be made beginning the first day of May, nineteen hundred and four, as provided in this act, payments shall be made each year 33 Stat., 572. thereafter in like manner to the members of the Choctaw and Chickasaw Tribes of approved enrollment of the fund accumulated from the sale of town lots in the Choctaw and Chickasaw Nations, as aforesaid.

Mode of payment.

sec. 19.

30

SEC. 5. That the payment of the town-site fund shall be under the direction of the Secretary of the Interior, 1898, ch. 517, as provided in section nineteen of an act approved June twenty-eighth, eighteen hundred and ninety-eight, being "An act for the protection of the people of the Indian Territory, and for other purposes."

Stat., 502.

Deposit of accumulated

funds.

SEC. 6. That the Secretary of the Treasury be, and he town site is hereby, authorized, upon the request of the Secretary of the Interior, to deposit in the United States subtreasury at Saint Louis, Missouri, to the credit of the proper officer or person, to be designated by the Secretary of the Interior and charged with the duty of paying out the town-site fund as herein provided, the accumulated town-site funds belonging to the Choctaw and Chickasaw Nations at that time on deposit in the United States Treasury, or a sufficient amount thereof to carry out the purposes of this act.

Repeal.

SEC. 7. That all acts or parts of acts in conflict herewith are hereby repealed, and this act shall be in force from and after its passage.

Approved, April 28, 1904.

[H. R. 12647.]

[Public, No. 256.]

33 Stat., 573.

Indian Terri

tory.

Additional

ized.

CHAP. 1824.-An act to provide for additional United States Apr. 28, 1904. judges in the Indian Territory, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 judges authorTerritory, 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 Powers, term, authority and exercise all the powers, perform like du- etc. ties, and receive the same salary as other judges of said court, and shall each serve for a term of four years from date of appointment, unless said offices are sooner abolished by law. Neither the additional judges, nor their Not members successors in office, shall be members of the court of peals. 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, Proviso. That none of said judges shall have power to appoint clerks of courts, United States commissioners, or Ünited 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.

of court of ap

Limit power.

Terms.

on

Extension of laws to all

tates.

SEC. 2. All the laws of Arkansas heretofore put in force in the Indian Territory are hereby continued and persons and es extended in their operation, so as to embrace all persons and estates in said Territory, whether Indian, freedmen, or otherwise, and full and complete jurisdiction is hereby conferred upon the district courts in said Territory in the settlements of all estates of decedents, the guardianships of minors and incompetents, whether Indians, freedmen, or otherwise. That the sum of twenty thou- Appropriasand dollars is hereby appropriated, out of any money in salaries. tion for judges' the Treasury not otherwise appropriated, for the payment of salaries of the judges hereby authorized, the same to be immediately available.

Approved, April 28, 1904.

CHAP. 571.-An act to extend the western boundary line of the Feb. 10, 1905.

State of Arkansas.

{H. R. 18280.]

[Public, No. 67.]

33 Stat., 714.

Western

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of the United States is hereby given for the State of Arkansas to extend her western Arkansas. boundary line so as to include all that strip of land in boundary line the Indian Territory lying and being situate between the of extended to Arkansas State line adjacent to the city of Fort Smith, Indian TerriArkansas, and the Arkansas and Poteau Rivers, de

include part of

tory.

5 Stat., 50.

Boundary scribed as follows, namely: Beginning at a point on the south bank of the Arkansas River one hundred paces east of old Fort Smith, where the western boundary line of the State of Arkansas crosses the said river, and running southwesterly along the south bank of the Arkansas River to the mouth of the Poteau; thence at right angles with the Poteau River to the center of the current of said river; thence southerly up the middle of the current of the Poteau River (except where the Arkansas State line intersects the Poteau River) to a point in the middle of the current of the Poteau River opposite the mouth of Mill Creek, and where it is intersected by the middle of the current of Mill Creek; thence up the middle of Mill Creek to the Arkansas State line; thence northerly along the Arkansas State line to the point of beginning: Provided, That nothing in this act shall be dians. etc., not construed to impair any right now pertaining to any Indian tribe or tribes in said part of said Indian Territory under the laws, agreements, or treaties of the United States, or to affect the authority of the Government of the United States to make any regulations or to make any law respecting said Indians or their lands which it would have been competent to make or enact if this act had not been passed.

33 Stat., 715. Proviso.

Rights of In

affected.

Approved, February 10, 1905.

Mar. 1, 1905. [33 Stat L., 821.]

CHAP. 1298.-An act legalizing a certain ordinance of the city of
Purcell, Indian Territory.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That ordinance numbered one hundred and twenty of the city of Purcell, Indian Territory, the same being an ordinance providing for the assessment, equalization, levy, and collection annually of a tax upon all property subject to taxation within the corporate limits of the city of Purcell, Indian Territory, passed and approved on the sixth day of July, nineteen hundred and three, by the council of the said city of Purcell, Indian Territory, be, and the same is hereby, legalized and made valid: Provided, That this act shall not be construed so as to affect any litigation now pending or arising out of any illegality in said ordinance prior to the date hereof: And provided further, That nothing herein contained shall apply to the nontaxable property of Indians. Approved, March 1, 1905.