all such cases, civil and criminal, be allowed from the district courts to the supreme court in like manner, and be proceeded with in like maner as in cases arising within the limits of said Territory. For all judicial purposes as herein defined, such portion of the Cherokee Outlet not embraced within the boundaries of the Territory of Oklahoma, shall be attached to, and be a part of one of the judicial districts of said Territory, as may be designated by the supreme court. All acts and parts of acts heretofore enacted, conferring jurisdiction upon United States courts held beyond and outside the limits of the Territory of Oklahoma as herein defined, as to all causes of action or offenses in said Territory, and in that portion of the Cherokee Outlet hereinbefore referred to, are hereby repealed, and such jurisdiction is hereby given to the supreme and district courts in said Territory, but al actions commenced in such courts, and crimes committed in said Territory and in the Cherokee Outlet, prior to the passage of this act, shall be tried and prosecuted, and proceeded with until finally disposed of, in the courts now having jurisdiction thereof, as if this act had not district courts been passed. The said supreme and district courts of writs of mansaid Territory, and the respective judges thereof, shall and may grant writs of mandamus and habeas corpus in all cases authorized by law; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under said constitution and laws; and writs of error and appeals in all cases shall be made to the supreme court of said Territory, as in other cases. Supreme and may issue damus. to make SEC. 10. Persons charged with any offense or crime U. S. Marshals in the Territory of Oklahoma, and for whose arrest a arrests. warrant has been issued, may be arrested by the United States marshal or any of his deputies, wherever found in said Territory, but in all cases the accused shall be taken, for preliminary examination, before a United States commissioner, or a justice of the peace of the county, whose office is nearest to the place where the offense or crime was committed. All offenses committed in said Terri All offenses triable in County where committed. Sections of force in Okla tory. tory, if committed within any organized county, shall be prosecuted and tried within said county, and if committed within territory not embraced in any organized county, shall be prosecuted and tried in the county to which such territory shall be attached for judicial purposes. And all civil actions shall be instituted in the county in which the defendant, or either of them, resides or may be found; and when such actions arise within any portion of said Territory, not organized as a county, such actions shall be instituted in the county to which such territory is attached for judicial purposes; but any case, civil or criminal, may be removed by change of venue, to another county. SEC. 11. That the following chapters and provisions temporarily in of the compiled laws of the state of Nebraska, in force homa Terri- November first, eighteen hunderd and eighty-nine, in so far as they are locally applicable, and not in conflict with the laws of the United States or with this act, are hereby extended to and put in force in the Territory of Oklahoma, until after the adjournment of the first session of the legislative assembly of said Territory, namely: The provisions of articles 2, 3 and 4, of chapter 2, entitled "Agriculture;" of chapter 4, entitled "Animals;" of chapter 6, entitled "Assignments;" of chapter 7, entitled "Attorneys;" of chapter 10, entitled "Bonds and OathsOfficial;" of chapter 12, entitled "Chattel Mortgages;" of chapter 14, entitled "Cities of the Second Class and Villages;" of chapter 15, entitled "Common Law;" of chapter 16, entitled "Corporations;" of chapter 18, entitled "Counties and County Officers;" of sections 15 and 16, of article 6, of the constitution of said state, and of chapter 20 of said laws, entitled "Courts-Probate;" of chapter 23, entitled "Decedents;" of chapter 24, entitled "Deputies;" of chapter 25, entitled "Divorce and Alimony;" of chapter 26, entitled "Elections;" of chapter 28, entitled "Fees;" of chapter 32, entitled "Frauds;" of chapter 34, entitled "Guardians and Wards;" of chapter 36, entitled "Homesteads;" of chapter 41, entitled "Instruments-Negotiable;" of chapter 44, entitled "Interest:" of chapter 46, entitled "Jails;" of chapter 50, entitled "Liquors," but no licenses shall be issued under this chapter; of chapter 52, entitled, "Marriage;" of chapter 53, entitled "Married Women;" of chapter 54, entitled "Mechanics' and Laborers' Liens;" of chapter 61, entitled "Oath and Affirmations;" of chapter 63, entitled "Occupying Claimants;" of article 1, of chapter 72, entitled "Railroads;" of chapter 73, entitled "Real Estate;" and the provisions of part two of said laws, entitled "Code of Civil Procedure," and of part three thereof, entitled "Criminal Code." The Governor to establish cincts The governor of said Territory is authorized to divide each county into election precincts and into such political voting presub-divisions other than school districts as may be required by the laws of the state of Nebraska; and is hereby authorized to appoint all officers of such counties and sub-divisions thereof as he shall deem necessary, and all election officers until their election or appointment shall be provided for by the legislative assembly, but not more than two of the judges or inspectors of election in any election precinct shall be members of the same political party, and the candidates of each political party who may be voted for at such election may designate one person who shall be present at the counting and canvassing of the vote cast in each precinct. District Courts Nebraska laws this Act. Ju County Courts The supreme and district courts of said Territory Supreme and shall have the same power to enforce the laws of the state may enforce of Nebraska hereby extended to and put in force in said applying by Territory as courts of like jurisdiction have in said state; risdiction of but county courts and justices of the peace shall have and and Justices. exercise the jurisdiction which is authorized by said laws of Nebraska: Provided, That the jurisdiction of justices of the peace in said Territory shall not exceed the sum of one hundred dollars, and county courts shall have juris diction in all cases where the sum or matter in demand exceeds the sum of one hundred dollars. jurisdiction of SEC. 12. That jurisdiction is hereby conferred upon Extending the district courts in the Territory of Oklahoma over all District Courts controversies arising between members or citizens of one in Oklahoma. over Indians Duties and qualifications of United States attorneys. Marshal. Territorial officers, oath tribe or nation of Indians and the members or citizens of other tribes or nations in the Territory of Oklahoma, and any citizen or member of one tribe or nation who may commit any offense or crime in said Territory against the person or property of a citizen or member of another tribe or nation shall be subject to the same punishment in the Territory of Oklahoma as he would be if both parties were citizens of the United States; and any person residing in the Territory of Oklahoma, in whom there is Indian blood, shall have the right to invoke the aid of courts therein for the protection of his person or property, as though he were a citizen of the United States: Provided. That nothing in this act contained shall be construed as to give jurisdiction to the courts established in said Territory in controversies arising between Indians of the same tribe, while sustaining their tribal relation. SEC. 13. That there shall be appointed for said Territory a person learned in the law, who shall act as attorney for the United States, and shall continue in office for four years, and until his successor is appointed and qualified, unless sooner removed by the president. Said attorney shall receive a salary at the rate of two hundred and fifty dollars annually. There shall be appointed a marshal for said Territory, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the president, and who shall execute all process issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall have the power and perform the duties and be subject to the same regulations and penalties imposed by law on the marshal of the United States, and be entitled to a salary at the rate of two hundred dollars a year. There shall be allowed to the attorney, marshal, clerks of the supreme and district courts the same fees as are prescribed for similar services by such persons in chapter 16, title Judiciary, of the revised statutes of the United States. SEC. 14. That the governor, secretary, chief justice of office, etc. and associate justices, attorney, and marshal shall be nominated and by and with the advice and consent of the senate, appointed by the president of the United States. The governor and the secretary to be appointed as aforesaid shall, before they act as such, respectively take an oath or affirmation before the district judge, or some justice of the peace, or other officer in the limits of said Territory duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the secretary, among the executive proceedings, and the chief justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the Territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same, to the secretary, to be recorded by him as aforesaid, and afterwards the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. The governor shall receive an annual salary of two thous- Salarics. and six hundred dollars as governor; the chief justice and associate justices shall receive an annual salary of three thousand dollars, and the secretary shall receive an annual salary of one thousand eight hundred dollars. The said salaries shall be payable quarter-yearly at the treasury of the United States. The members of the legislative assembly shall be entitled to receive four dollars each per day during their attendance at the sessions, and four dollars for each and every twenty miles traveled in going to and returning from said sessions, estimating the distanco by the nearest traveled route. There shall be appropri ated annually the sum of one thousand dollars, to be expended by the governor to defray the contingent ex |