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Temporary seat of Government.

Delegate to Congress, how and when elected.

National
Banks

penses of the Territory. There shall also be appropriated annually a sufficient sum, to be expended by the secretary, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, of the courts, the printing of the laws, and other incidental expenses; and the secretary of the Territory shall annually account to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended.

SEC. 15. That the legislative assembly of the Territory of Oklahoma shall hold its first session at Guthrie, in said Territory, at such time as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said Territory, at such place as they may deem eligible, which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.

SEC. 16. That a delegate to the house of representatives of the United States, to serve during each congress of the United State, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States in the said house of representatives. The first election shall be held at such time and place, and be conducted in such manner as the governor shall appoint and direct, after at least sixty days' notice to be given by proclamation, and at all subsequent elections the time, place, and manner of holding elections, shall be prescribed by law. The person having the greatest number of votes of the qualified electors, as herein before provided, shall be declared by the governor elected, and a certificate thereof shall be accordingly given.

SEC. 17. That the provisions of title 62 of the revised statutes of the United States relating to national banks, and all amendments thereto, shall have the same

force and effect in the Territory of Oklahoma as elsewhere in the United States: Provided, That persons otherwise qualified to act as directors shall not be required to have resided in said Territory for more than three months immediately preceding their election as such.

of school land

are grants. Other

fand provisions.

SEC. 18. That sections numbered 16 and 36 in each Lands in lieu township in said Territory shall be, and the same hereby reserved for the purpose of being applied to public schools in the state or states hereafter to be erected out of the same. In all cases where sections 16 and 36 or either of them, are occupied by actual settlers prior to survey thereof the county commissioners of the counties in which such sections are so occupied are authorized to locate other lands, to an equal amount, in sections or fractional sections, as the case may be, within their respective counties, in lieu of the sections so occupied.

All the lands embraced in that portion of the Territory of Oklahoma heretofore known as the Public Land Strip, shall be open to settlement under the provisions of the homestead laws of the United States, except section 2301 of the revised statutes, which shall not apply; but all actual and bona fide settlers upon and occupants of the lands in said Public Land Strip at the time of the passage of this act, shall be entitled to have preference to and hold the lands upon which they have settled under the homestead laws of the United States, by virtue of their settlement and occupancy of said lands, and they shall be credited with the time they have actually occupied their homesteads, respectively, not exceeding two years, on the time required under said laws, to perfect title as homestead settlers.

The lands within said Territory of Oklahoma, acquired by cession of the Muskogee (or Creek) Nation of Indians, confirmed by act of congress approved March first, eighteen hundred and eighty-nine,and also the lands acquired in pursuance of an agreement with the Seminole Nation of Indians by release and conveyance, dated March sixteenth, eighteen hundred and eighty-nine, which may

hereafter be opened to settlement, shall be disposed of under the provisions of sections 12, 13, and 14 of the "Act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and ninety, and for other purposes," approved March second, eighteen hundred and eighty-nine, and under section 2 of an "Act to ratify and confirm an agreement with the Muskogee (or Creek) Nation of Indians in the Indian Territory, and for other purposes," approved March first, eighteen hundred and eighty-nine: Provided, however, That each settler under and in accordance with the provisions of said act shall, before receiving a patent for his homestead, on the land hereafter opened to settlement as aforesaid, pay to the United States for the land so taken by him, in addition to the fees provided by law, the sum of one dollar and twenty-five cents per acre.

Whenever any of the other lands within the Territory of Oklahoma, now occupied by any Indian tribe, shall by operation of law or proclamation of the president of the United States, be open to settlement, they shall be disposed of to actual settlers only, under the provisions of the homestead law, except section 2301 of the revised statutes of the United States which shall not apply: Provided, however, That each settler under and in accordancə with the provisions of said homestead laws, shall before receiving a patent for his homestead pay to the United States for the land so taken by him, in addition to the fees provided by law, a sum per acre equal to the amount which has been or may be paid by the United States to obtain a relinquishment of the Indian title or interest therein, but in no case shall such payment be less than one dollar and twenty-five cents per acre. The rights of honorably discharged soldiers and sailors in the late civil war, as defined and described in sections 2304 and 2305 of the revised statutes of the United States, shall not be abridged except as to such payment. All tracts of land in Oklahoma Territory which have been set apart for school purposes, to educa

tional societies, or missionary boards at work among the Indians, shall not be opened for settlement, but are hereby granted to the respective educational societies or missionary boards for whose use the same have been set apart. No part of the land embraced within the Territory hereby created shall inure to the use or benefit of any railroad corporation, except the rights of way and land for stations heretofore granted to certain railroad corporations. Nor shall any provision of this act or any act of any officer of the United States, done or performed under the provisions of this act or otherwise, invest any corporation owning or operating any railroad in the Indian Territory, or Territory created by this act, with any land or right to any land in either of said Territories, and this act shall not apply to or affect any land which, upon any condition on becoming a part of the public domain, would inure to the benefit of, or become the property of, any railroad corporation.

strip.

SEC. 19. That portion of the Territory of Oklahoma Public land heretofore known as the Public Land Strip is hereby declared a public land district, and the president of the United States is hereby empowered to locate a land office in said district, at such place as he shall select, and to appoint in conformity with existing law a register and receiver of said land office. He may also, whenever he shall deem it necessary, establish another additional land district within said Territory, locate a land office therein, and in like manner appoint a register and receiver thereof. And the commissioner of the general land office shall, when directed by the president, cause the lands within the Territory to be properly surveyed and subdivided, where the same has not already been done.

securing lands

SEC. 20. That the procedure in applications, entries, Procedure in contests and adjudications in the Territory of Oklahoma shall be in form and manner prescribed under the homestead laws of the United States, and the general priuciples and provisions of the homestead laws, except as modified by the provisions of this act, and the acts of congress approved March first and second, eighteen hundred

May secure patents in

and eighty-nine, heretofore mentioned, shall be applicable to all entries made in said Territory, but no patent shall be issued to any person who is not a citizen of the United States at the time of making final proof.

All persons who shall settle on land in said Territory, under the provisions of the homestead laws of the United States, and of this act, shall be required to select the same in square form as nearly as may be; and no person who shall at the time be seized in fee simple of a hundred and sixty acres of land in any state or territory, shall hereafter be entitled to enter land in said Territory of Oklahoma. The provisions of sections 2304 and 2305 of the revised statutes of the United States shall, except so far as modified by this act, apply to all homestead settlements in said Territory.

SEC. 21. That any person, entitled by law to take a twelve months homestead in said Territory of Oklahoma, who has already located and filed upon, or shall hereafter locate and file upon, a homestead within the limits described in the president's proclamation of April first, [March 23] eighteen hundred and eighty-nine, and under and in pursuance of the laws applicable to the settlement of the lands opened for settlement by such proclamation, and who has complied with all the laws relating to such homestead settlement, may receive a patent therefor at the expiration of twelve months from date of locating upon said homestead, upon payment to the United States of one dol lar and twenty-five cents per acre for land embraced in such homestead.

Townsites

may be ecured, when and how.

SEC. 22. That the provisions of title 32, chapter 8, of the revised statutes of the United States, relating to "Reservation and sale of townsites on the public lands," shall apply to the lands open, or to be opened to settlement in the Territory of Oklahoma, except those opened to settlement by the proclamation of the president on the twenty-second day of April, [March 23] eighteen hundred and eighty-nine: Provided, That hereafter all surveys of town sites in said Territory shall contain reservations for parks (of substantially equal area, if more

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