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CONSTITUTIONOP 71-laCHOCTAW NATION.We, the representatives of the people inhabitatingthe Choctaw nation, contained within the followinglimits, to wit : Beginning at a point on the Arkansasriver, one hundred paces east of old Fort Smith, wherethe western boundary line of the State of Arkansascrosses the said river, and running thence due south toRed river ; thence up Red river to the point where themeridian of one hundred degrees west longitude crossesthe same ; thence north along said meridian to the mainCanadian river ; thence down said river to its junctionwith the Arkansas river ; thence down said river to theplace of beginning, except the territory bounded as follows,to-wit : Beginning on the north bank of Red river,at the mouth of Island Bayou, where it empties into Redriver, about twenty-six miles on a straight line belowthe mouth of False Washita ; thence running a northwesterlycourse along the main channel of said bayou,to the junction of the three prongs of said bayou, nearestthe dividing ridge between Washita and Low Bluerivers, as laid down on Capt. R. L. Hunter's map; thencenortherly along the eastern prong of Island Bayou' toits source ; thence due north to the Canadian river ;thence west along the main Canadian to the ninety eighth

6 CONSTITUTION OF THEdegree of west longitude thence south to Red river, andthence down Red river to the place of beginning ; Provided,however, if the line running due north from theeastern source of Island Bayou, to the main Canadianshall not include Allen's or Wa-pa-nacka Academywithin the Chickasaw district then an offset shall bemade from said line, so as to leave said academytwo miles within the Chickasaw district, north, west andsouth from the lines of boundary, said boundaries beingthe limits of the Chickasaw district—assembled in conventionat the town of Doaksville, on Wednesday, theeleventh day of January, one thousand eight hundredand sixty, in pursuance of an act of the general council,approved October 24, 1859, in order to secure to the citizensthereof the right of life, liberty and property, doordain and establish the following constitution and formof government, and do mutually agree with each otherto form ourselves into a free and independent nation, notinconsistent with the constitution, treaties and laws ofthe United States, by the name of the Choctaw Nation.DISTRICT BOUNDARIES.For the convenience and good government of thepeople of the Choctaw nation, we do make, ordain andestablish four districts in this nation, to be known bythe following names and boundaries, viz: Mosholatubbeedistrict, Pushamataha district,Apuckshunnubbee districtand Hotubbee district.The boundary line of Mosholatubbee district shallbegin near old Fort Smith, where the Arkansas boundaryline crosses the Arkansas river; thence up said river to theCanadian fork ; thence up said Canadian to where theChickasaw district boundary strikes the same, as defined by the treaty of 1855; thence along the said boundaryto where it strikes the dividing ridge between the-NIP

CHOCTAW NATION.Canadian and Red rivers ; thence easterly along saiddividing ridge to the western boundary of the state ofArkansas ; thence along said Arkansas line to the beginning.The boundary of Apuckshunnubbee district shallbegin on Red river, where the Arkansas state line strikesthe same ; thence running up said river to the mouth ofKiamichi ; thence up said river to the mouth of Jack'sfork ; thence up said Jack's fork to the old militaryroad ; thence along said road to the boundary line ofMosholatubbee district, on the top of the dividing ridge,between the Arkansas and Red rivers ; thence easterlyalong said boundary to the western boundary line of thestate of Arkansas ; thence along the said state line tothe beginning.The boundary of Pushamataha district shall beginon Red river at the mouth of Kiamichi ; thence runningup said Red river to the _mouth of Island Bayou, towhere the eastern boundary line of the Chickasaw districtstrikes said river, as defined by the treaty of 1855;thence along said boundary line to the dividing ridgebetween the Canadian and Red rivers ; thence easterlyalong said ridge to the line of Mosholatubbee district,on the top of the dividing ridge, to where the districtline of Apuckshunnubbee district intersects Mosholatubbeedisirict ; thence southerly along said line to thebeginning.The boundaries of Hotubbee district shall be embracedwithin the limits of the ninety-eighth and onehundredth degree of west longitude, and between Redriver and Canadian river, known as the "Lease Land."ARTICLE I.DECLARATION OF RIGHTS.That the general, greqt and essential principles of

8 CONSTITUTION OF THEliberty and free government may be recognized and established,we declare:SECTION 1. That all free men, when they form a socialcompact, are equal in rights, and that no man or setof men are entitled to exclusive, separate public emolumentor privileges from the community, but in considerationof public services.SEC. 2. That all political power is inherent in thepeople, and all free governments are founded on their authorityand established for their benefit, and thereforethey have at all times an inalienable and indefeasibleright to alter, reform or abolish their form of governmentin such manner as they may think proper or expedient.SEC. 3. There shall be no establishment of religionby law. No preference shall ever be given by law toany religious sects, society, denomination or mode ofworship, and no religious test shall ever be allowed as aqualification to any public trust under this government.SEC. 4. No human authority ought in any casewhatever to control or interfere with the rights of consciencein matters of religion.SEC. 5. No person shall for the same offence betwice put in jeopardy of life or limb, nor shall any person'sproperty be taken or applied to public use withoutthe consent of the general council, and without just compensationbeing first made therefor.SEC. 6. No person shAll ever be appointed or electedto any office in this nation for life or during good behavior,but the tenure of all offices shall be for somelimited period of time, if the person appointed or electedthereto so long behave well.SEC. 7. The right of trial by jury shall remain inviolate.

CHOCTAW NATION.SEC. 8. Every citizen has a right to bear arms indefence of himself and his country.SEC. 9. That the printing-press shall be free to everyperson, and no law shall ever be made to restrainthe rights thereof. The free communication of opinionis one of the inviolable rights of man, and every citizenmay freely speak, write and print on any subject, beingresponsible for abuse of that liberty.SEC. 10. That the people shall be secure in theirpersons, houses, papers and possessions from unreasonvbleseizures and searches, and that no warrant to searchany place or to seize any person or thing shall issue,without describing the place to be searched and the personor thing to be siezed as nearly as may be, nor withoutprobable cause supported by oath or affirmation.But in all cases where suspicion rests on any person orpersons of conveying or secreting whisky or other intoxicatingliquors, the same shall be liable to search orseizure as may be hereafter provided by law.SEc. 11. That no free man shall be taken, or imprisoned,or disseized of his freehold liberties or privileges,or outlawed, or exiled, or in any manner destroyedor deprived of his life, liberty, and property, but by thejudgment of his peers or the law of the land.SEc. 12. No person shall ever be imprisoned fordebt.SEC. 13. That excessive bail shall not be required,nor excessive fines imposed, nor cruel or unusual punishmentsinflicted.SEC. 14. That all courts shall be open and everyperson for an injury done him in his lands, goods, personor reputation,. shall have remedy by due course oflaw, and right and justice administered without sale, denialor delay.

10 CONSTITUTION OF THESEC. 15. That the citizens have a right in a peaceablemanner, to assemble together for their commongood, to instruct their representatives, and apply tothose invested with the powers of the government for redressof grievances, or other proper purposes, by petition,address or remonstrance.SEC. 16. That no power of suspending laws shallbe exercised except by the general council or its authority.SEC. 17. That in all criminal prosecutions,the accusedbath a right to be heard by himself or counsel, or both,to demand the nature and cause of the accusation, to beconfronted by the witnesses against him, to have a compulsoryprocess for obtaining witnesses in his favor; andin all prosecutions by indictment or information, a speedyand public trial by an impartial jury of the countyor district where the offence was committed; that he cannotbe compelled to give evidence against himself, norcan he be deprived of his life, liberty, or property, butby due course of law.SEC. 18. That all prisoners shall, before conviction,be bailable by sufficient securities, except for capital offenses,where the proof is evident or the presumptiongreat, and the privilege of the writ of habeas corpusshall not be suspended, unless when in case of rebellionor invasion, the public safety may require it.SEC. 19. That the general council shall have powerto pass general laws in regard to the collection of fines,bonds, forfeitures, and court fees, and direct the mannerof such collection.SEC. O. No property qualification for eligibility tooffice, or for the right of suffrage, shall ever be requiredby law in this nation.SEC. 21. No conviction for any offense shall work

CHOCTAW NATION. 1 1corruption of blood and forfeiture of estate. The generalcouncil shall pass no bill of attainder, retrospectivelaw, nor law impairing the obligation of contracts.ARTICLE II.DISTRIBUTION OF POWER.SECTION 1. The powers of government of the Choctawnation shall be divided into three distinct departments,and each of them confined to a separate body ofmagistracy, to wit: Those which are legislative to one,those which are executive to another, and those whichare judicial to another.SEC. 2. No person or collection of persons, beingof one of those departments, shall exercise any powerproperly belonging to either of the others, except in theinstances hereafter expressly directed or permitted bythe general council.ARTICLE III.LEGISLATIVE DEPARTMENT.SECTION 1. The legislative power of this nationshall be vested in a general council which shall consistof a senate and house of representatives, and the styleof their laws shall be, "Be it enacted by the generalcouncil of the Choctaw nation assembled."SEC. 2. The senate of the Choctaw nation shall becomposed of four senators from each district, chosen bythe qualified electors thereof, for the term of two years.SEC. 3. No person shall be a senator who shalt nothave attained the age of thirty years and been one yeara citizen of this nation, and who shall not, when elected,be an inhabitant of that district at least six months preceding his election for which he shall be chosen.

12 CONSTITUTION OF THESEC. 4. The house of representatives shall be composedof members chosen every year by the qualifiedelectors in the several counties of each district, at theratio of one representative to every one thousand citizens;nevertheless when there is a fractional number offive hundred or more citizens in any county. they shallbe entitled to (-Ale additional representative; but whenthe population of any one of the counties shall not reachthe ratio of one thousand, they shall still be allowed onerepresen tative.SEC. 5. In case of death, resignation, or inability ofany of the senators or representatives, the principalchief shall have the power to make temporary appointmentsand fill, vacancies that may occur in any of thecounties.SEC. 6. No person shall be a representative, unless,he be a citizen of this nation, and shall have been an inhabitantthereof six months next preceding his election,and the last month thereof a resident of the county forwhich he shall be chosen, and shall have attained theage of twenty-one years.SEC. 7. The house of representatives, when assembledshall choose a speaker and its other officers,and the senateshall choose a president and its officers, and each shalljudge of the qualifications and elections of its own members,but a contested election shall be determined insuch manner as shall he directed by law. A majorityof each house shall constitute a quorum to do business,but a smaller number may adjourn from day to day andmay compel the attendance of absent members in suchmanner and under such penalties as each house mayprovide.SEC. 8: Every bill which shall have passed bothhouses of the legislature shall be presented to theprincipal chief ; if he approve he shall sign it, but if not

CHOCTAW NATION. 13he shall return it, with his objections, to the house inwhich it shall have originated, who shall enter the objectionsat large upon the journal and proceed to reconsiderit ; if, after such reconsideration, two-thirds of themembers present shall agree to pass the bill, it shall besent with the objections to the other house, by which itshall likewise be reconsidered ; if approved by twothirdsof the members present of that house it shall become'a law, but in such case the vote of both housesshall be determined by the yeas and nays, and the namesof the members voting for and against the bill be enteredon the journals of each house respectively ; if anybill shall not be - returned by the principal chief withinthree days (Sundays excepted) after it shall have beenpresented to him, the same shall become a law in likemanner as if he had signed it. Every bill presented tothe principal chief one day previous to the adjournmentof the legislature, and not returned to the house in whichit originated before its adjournment, shall become a lawand have the same force and effect as if signed by theprincipal chief.SEC. 9. Each house may determine the rules of itsown proceedings, punish members for disorderly behavior,and with the consent of two-thirds, expel a mem -• ber, but not a second time for the same cause.SEC. 10. Each house shall keep a journal of itsproceedings and publish the same, and the yeasand nays of the members of either house, on any question,shall, at the desire of any three members present,be entered on the journal.SEc. 11. Each house may punish by imprisonment,during the session, any person not a member, fordisrespectful or disorderly behavior in its presence, orfor obstructing any of its proceedings, provided such

CHOCTAW NATION. 17be commissioned by the principal chief, and shall holdtheir office for the term of two years.SEC. 13. No judge shall preside on the trial of anycause in the event of which he may be interested, orwhere either of the parties shall be connected to him byaffinity or consanguinity within such degrees as may beprescribed by law, or in which he may have been ofcouncil, or have presided in any circuit or county courts,except by consent of all parties. In case any or all ofthe judges of the supreme court shall be thus disqualifiedfrom presiding on any cause, or causes, the court orjudges thereof shall certify the same to the principalchief of the nation, who shall imm ediately commissionthe requisite number of men learned in the law for thetrial and determination thereof. But in case such disqualificationshould take place in any of the circuit orcounty judges, the circuit or county judge shall havethe power to appoint a substitute for that particularcase for which he may be disqualified.SEC. 14. Judges shall not charge juries with regardto matter of fact, but may state the testimony and declarethe law.SEC. 15. There shall be a prosecuting attorneyelected in each district by the qualified electors of theirrespective districts, whose compensation and term ofservice shall be prescribed by law.SEC., 16. The general council shall have power bylaw to prescribe the manner of holding and determiningsuits in the circuit and county courts and the manner ofgranting appeals.SEC. 17. The 'county judges in addition to their respectiveduties that may be required of them by law, shallbe judges of the courts of probate and have such julisdictionin matters relative to the estate of deceased persons,2

18 CONSTITUTION OF THEexecutors, administrators and guardians as may be prescribedby law, until otherwise directed by the generalcouncil.SEC. 18. Writs and other process shall run in thename of the Choctaw nation and bear test and be signedby the clerks of their respective courts from which theyissue, and all indictments shall conclude against thepeace and dignity of the Choctaw nation.SEC. 19. The general council shall provide by lawfor decermining contested elections of county judges.SEC. 20. The supreme court shall be held twice ineach year at the seat . of government of the Choctaw nation.SEC. 21. The county judges shall appoint their ownclerks, who shall act as treasurer of the county.ARTICLE V.EXECUTIVE DEPARTMENT.SECTION 1. The supreme executive power of theChoctaw nation shall be vested in one principal chief,assisted by three subordinate district chiefs, who shallhold their respective offices for the term of two yearsfrom the time of their installation. But they shall not beeligible for the same office for more than two terms insuccession.SEC. 2. The principal chief of the Choctaw nationshall be elected by the qualified electors of the Choctawnation, and the subordinate chiefs of the Choctawnation shall be elected by the qualified electors of theirrespective districts on the first Wednesday in August,eighteen hundred and sixty, and every two years thereafter.

CHOCTAW NATION. 19Sm. 3. The returns of every election for principalchief shall be made out, sealed up and transmitted to thesupreme judges of each district, to be forwarded by himto the national secretary who shall deliver them to thespeaker of the house of representatives during the firstweek of its organization, who shall proceed to open andcount the votes in the presence of both houses of thegeneral council, and the person having the highest numberof votes shall be declared principal chief by thespeaker. But if two or more shall be equal or highestin votes, then one of them shall be chosen principalchief by the joint ballot of both houses of the generalcouncil; but the returns of every election for district andcounty officers shall be made out, sealed and transmittedto the supreme judge of each district who shall proceedto open, take an abstract, and declare what candidatesfor district and county offices are elected, and forwarda true copy of the same to the national secretarywho shall file them in his office for safe keeping.SEC. 4. In case of death, resignation or removal ofthe principal chief, the president of the senate shall exercisethe duties of principal chief until the next regularelection for that office ; but should the vacancy be onaccount of the inability of the principal chief to dischargehis duties, the president of the senate shall exercisethe said duties until such inability shall be removed.SEC, 5. In case of any vacancy occurring in theoffice of district chiefs, the principal chief shall have thepower to appoint a chief pro tem, in the district wheresuch vacancy may occur until the next regular electionfor that office.SEC. 6. No person shall be eligible to the office ofprincipal or district chief unless he shall have attainedthe age of thirty years, and have been an inhabitant of

k20 CONSTITUTION OF THEthe Choctaw nation at least five years next precedinghis election.SEC. 7. The principal chief shall from time to timegive to the general council information of the state ofthe government, and recommend to their considerationsuch measures as he may deem expedient.SEC. 8. The principal chief shall take care that thelaws he faithfully executed.SEC. 9. The principal chief may, by proclamation,on extraordinary occasions, convene the general councilat the seat of government, or at a different place if thathave become, since their last adjournment, dangerousfrom an enemy or from contagious disease.SEC. 10. In case of disagreement between the twohouses with respect to the time of adjournment, theprincipal chief may adjourn them to such a time as heshall think best', not beyond the day of the next meetingof the general council.SEC. 11. All vacancies which may occur in officesthat are elective by the people or general council, theprincipal chief shall have the power to fill such vacanciesby appointment until the next regular election.SEC. 12. No person shall hold the office of principalor district chief, and any other office or commission,either in this nation, or under any state, or in the UnitedStates or any power, at one and the same time.SEC. 13. The district chiefs shall have such superintendingcontrol over the altairs of their respective districtsas may be prescribed by the general council. Itshall be their duty to have the laws properly enforcedwithin their respective limits. They shall from time totime report to the principal chief such information respectingthe affairs of their districts, and recommend forhis consideration such measures as they may deem ex -pedient.CHOCTAW NATION. 21SEC. 14. A sheriff and rangers shall be elected ineach county by th€ . qualified electors thereof, who shallhold their office for the term of two years unless soonerremoved. And it shall be the duty of the district chiefsto appoint a competent number of light horsemen in theirrespective districts as may hereafter be provided by law,who shall hold their offices for the term of two yearsunless sooner removed.SEC. 15. The principal chief, national secretary,national treasurer, national auditor, and national attorney,shall reside at or near the seat of government.SEC. 16. The principal chief shall be head commanderof the militia of this nation.ARTICLE VI.IMPEACHMENTS.SECTION 1. The house of representatives shall havethe sole power of impeaching.SEc. 2. All impeachments shall be tried by thesenate. When sitting for that purpose, the senatorsshall be on oath or affirmation. No person shall be convictedwithout the concurrence of two-thirds of the memberspresent.SEc. 3. The chiefs and all civil officers shall beliable to impeachment for any misdemeanor in office, butjudgment in such case shall not extend further than removalfrom office and disqualification to bold any officeof honor, trust or profit under this nation, but the partyconvicted shall nevertheless be liable, and subject toindictment. trial, and punishment according to law as inother cases.

CONSTITUTION OF THEARTICLE VII.GENERAL PROVISIONS.SECTION 1. Until Hotub bee district shall be dulyorganized, the principal chief of the Choctaw nationshall exercise such authority over the citizens of thisnation, living in that district, as he may deem expedientfor the protection of person, life and property.SEC. 2. No person shall be principal chief, or subordinatechief, senator, or representative, unless he be afree male citizen of the Choctaw nation, and a lineal descendantof the Choctaw or Chickasaw race.SEC. 3. The general council shall have the power todetermine what county or counties shall be entitled toelect one or more senators in the several districts of thisnation.SEc. 4. Members of the general council and otherofficers, both executive and judicial. before they enterupon the duties of their respective offices shall take thefollowing oath or affirmation, to-wit: "I do solmenly.- swear (or affirm, as the case may be.) that I will supportC1 the constitution of the Choctaw nalion, and that I willfaithfully and impartially discharge, to the best of myabilities, the duties of the office ofaccord-A, to law. So help me God."SEC. 5. The general council shall have the power todetermine the compensation of the principal chief, districtchiefs and other officers of the nation, which compensationshall not be increased or diminished for 1 he term ofyears they are elected or appointed.SEC. 6. The general council shall have power bylaw to specify the manner in which offenders against thelaws of this nation, who may escape into the UnitedStates or into any Indian nation, or from one districtinto another in this nation, shall be demanded, apprehended,and arraigned for trial in the several courts ofthis nation, having original jurisdiction thereof.SEC. 7. Every free male citizen of this nation whoshall have attained to the age of eighteen years, and whoshall have been a citizen of the nation six months, shallbe deemed a qualified elector, and shall be entitled tovote in the county or district' where he may have actuallyresided at least one month preceding the election for eachand every office made elective in this nation.SEC. 8. All general elections shall be by ballot; andthe electors in all cases, except in cases of treason, felony,and breach of the peace, shall be privileged from ar -rest during their attendance at elections and on going toand returning therefrom.SEC. 9. The general council shall have the powerby law to establish one or more precincts in each countyin the several districts of this nation, and prescribe themode arid manner of holding and conducting elections.SEC. 10. The oath of office may be administered byany of the judges of this nation until the general councilshall otherwise direct.SEC. 11. The general council shall have the powerto pass such laws and measures as they shall deem expedientfor the general good of the Choctaw people, providedno law be passed or adopted contrary to the provisionsof this constitution.SEC. 12. The mode of declaring war in this nationshall be by at least two-thirds of the members of the generalcouncil in full council, with the approval of theprincipal chief, unless in case of actual invasion by anenemy. in which case the people shall have the right todefend themselves until the council is convened by proclamationof the principal chief, and measures of defenseprescribed.ikW

24 CONSTITUTION OF THE CHOCTAW NATION. 25SEC. 13. The principal chief shall have the power,by and with the advice and consent of the senate, to appointcommissioners, or delegates, to transact such businessas may become expedient to the Choctaw nation,and all other officers whose appointments are not hereinor otherwise provided for.SEC. 14. The general council of the Choctaw nationshall have the power to pass such laws as they maydeem expedient to punish rebellion, treason, and otherhigh crimes against the nation.SEC. 15. All contested elections for principal chiefand other officers shall be determined as the law mayprescribe.SEC. 16. The general council shall have the powerto create by law such regulations and commissions, andappoint superintendents and such other officers, as thecase may be, required for the promotion and advancementof all the schools of this nation.SEC. 17. Eighteen thousand dollars of the interestmoney arising from the Chickasaw fund, granted to theChoctaws by convention held and concluded at Doaksville,shall be set apart annually for educational purposes,and the remaining seven thousand dollars be setapart, annually, to be expended as the law may hereafterdirect.SEC. 18. Any citizen of this nation who may findany mine or mines, or mineral waters, shall have exclusiveright and privilege to work the same, so long as hemay choose, within one mile in any direction from hisworks or improvements; provided, however, lie does notinterfere with the rights of the former settler.SEC. 19. No person who denies the being of a God,or a future state of rewards and punishments, shall holdany office in the civil department of this nation, nor shallhe be allowed his oath in any court of justice.Sm. 20. The treasurer of this nation, together withall other persons who may be intrusted with publicmoney, shall be required to give such bond and securityas may be prescribed by law.SEC. 21. No laws of a general nature, unless otherwiseprovided for, shall be eniorced until sixty daysafter the passage thereof,SEC. 22. No money shall be drawn from the treasurybut in consequence of an appropriation made bylaw; an accurate statement of the receipts and expendituresof public moneys shall be attached to and publishedwith the laws, at every regular session of the generalcouncil.SEC. 23. That all the provisions in the constitution,now in existence, and not revised or adopted by thisconstitution are hereby declared null and void; and thatany law which may be passed contrary to the provisionsherein specified shall be null and void; and all rightsand powers not herein granted or expressed shall bereserved unto the people.SEC. 24. Divorces from the bond of matrimony shallnot be granted but in cases provided for by law.ARTICLE VIII.MILITIA.SEcTioN 1. The general council shall provide bylaw for organizing and disciplining the militia of thisnation, in such manner as they shall deem expedient,not incompatible with the constitution, treaties and lawsof the United States, in relation thereto.SEC. 2. Officers of the militia shall be elected or

9 6 CONSTITUTION OF THEappointed in such manner as the general council shallfrom time to time direct, and shall be commissioned bythe principal chief.SEC. 3. The principal chief shall have power to callforth the militia to execute -the laws of the nation, tosuppress insurrections and repel invasions.ARTICLE IX.MODE OF AMENDING AND REVISING THE CONSTITUTION.SEcnoN 1. Whenever a majority of the membersof the general council assembled shall deem it necessary,they may propose an amendment or amendments to this.constitution ; which amendment shall be submitted bythe national secretary, at least four months precedingthe next regular election, at which the qualified votersshall vote directly for and against such proposed amendment,or amendments ; and if it shall appear that amajority of the qualified voters shall have voted in favorof such amendment, or amendments, then the same maybe incorporated as a part of this constitution at the nextsucceeding general council.SEC. 2. And if at any time two-thirds of the senateand the house of representatives shall think it necessaryto revise and change this entire constitution, they shallrecommend to the electórs, at the next election for membersof the general council, to vote for or against theconvention, and it shall appear that a majority of theelectors voting at such election, have voted in favor ofcalling a convention, the general council shall, at its nextsession, provide by law for calling a convention, to beholden within six months after the passage of such law;and such convention shall consist of delegates equal tothe number of members in the house of representativesof the general council:CHOCTAW NATION. 27SCHEDULE.SECTION 1. All matters now pending in the severalcourts of this nation shall be transferred to such courtsas may have proper jurisdiction-thereof under this con -stitution.SEc. 2. All rights, prosecutions, claims on contracts,as well of individuals as bodies corporate, andlaws now in force at the time of the adoption of thisconstitution, and not inconsistent therewith, until alteredor repealed by the general council, shall remain infull force.SEC. 3. Any special appointments or contracts heretoforemade and approved under existing laws or resolutionsof the general council, shall be approved by theprincipal chief of this nation, and the appointees commissioned,and contracts so made ratified by him.SEC. 4. In order that no inconvenience may resultto the public service, from the taking effect of this constitution,no office shall. be suspended, nor any lawsrelative to the duties thereof be changed or abrogated,until the officers elected and appointed under this constitutionshall be duly qualified and enter upon theirrespective duties.SEC. 5. Immediately after the governor of this nationshall make proclamation that this constitution isratified by the people, then it shall be the duty of thepresident of this convention to give notice forthwith toall the probate judges in this nation, directing them tohold an election on the first Wednesday in August A.'D. 1860, for a principal chief and all other officers, districtand county, provided for in this constitution, to beconducted in the manner prescribed by the existingelection laws; should there be any vacancy, however,in the office of probate judge, then it shall be the duty

28 CONSTITUTION OF THEof any of the county officers to order the said elections.SEC. 6. The returns for the elections above directedshall be sent sealed to the president of this convention,who shall open and publish the same, giving certificatesto those whom the returns show to be chosen for the variousoffices; the returns for principal chief shall betransmitted as the constitution directs.SEC. 7. The president of this convention shall callto his assistance two or more competent persons to aidhim in making out the returns of the said elections.SEC. 8. In the event the president of this conventionshould die then the returns of the elections forprincipal chief and other officers, shall be transmitted tothe national secretary, who shall proceed as in mannerabove directed.SEC. 9. Until apportionment shall be made by law,in pursuance of this constitution, for the election of senators,the counties of three districts, singly and severally,shall elect a senator or senators for members to thegeneral council as follows :IN APUKSH ANUBBEE DISTRICT.Towson County,Cedar County, tWade County, 1Red River County,Boktucklo County, fEagle County, tNashoba County, 1IN PUSFIA MATA II AKiamichi County,Blue County, - -Atoka County, - -Jack's Fork County, -One Senator.One Senator.One Senator.One Senator.DISTRICT.One Senator.One Senator.- One Senator.- One Senator.CHOCTAW NATION. 29IN MOSFIOLATUBBEESugar-Loaf County, -Skullyville County, -Sans Bois County -Gaines County,Tobucksy County, }DISTRICT.- One Senator.- One Senator.- One SenatorOne Senator.SEC. 10. The first election for members to the Houseof Representatives, under this constitution, shall consistof a number of members equal to the apportionmentunder the existing laws.GEORGE HUDSON,President of the Convention.W. A. DIBRELL, Clerk.DELEGATES OF THE CONVENTION:FORBIS LEFLORE,L. P. PITCHLYNN,ELLIS W. FOLSOM,WM. McCOY,JOSEPH DUKES, -WM. S. PATTO.N,EDMOND GARDNER,JOSEPH P. FOLSOM,'JOHN PICKEN (his X mark),STEPHEN HOLSON,S. P. WILLIS,ALFRED SHONG,PLINY FISK,SIMON CONKLIL,PISTAMBEE,PETER WATSON (his X mark),DANIEL MILLER,ADAM NAIL,DAVIS KING.

AMENDMENTSTREATY OF 1830.TO THECONSTITUTIONOF THECHOCTAW NATION.SECTION 1. The national secretary, national treasurer,national auditor, and national attorney shall beelected by the qualified electors of this nation, who shallhold their offices for the term of two years and until theirsuccessor are elected and qualified, unless sooner removed;and they shall perform such duties as may be prescribedby law.SEC. 2. The seat of government shall be permanentlyfixed at or about two and one half miles east ofthe old Nanih Waiya, and shall be called and known asTushkahumma, and the first and all future sessions ofthe general council shall commence on the first Mondayin October, 1884, and each and every year thereafterand shall be held at the Tushkahumma aforesaid.THE UNITED STATES OF AMERICA.To all to whom these presents shall come, Greeting :WHEREAS, By the second article of the treaty, beganand held at Dancing Rabbit creek, on the fifteenthday of September, in the year of our Lord One Thousandeight hundred and thirty, (as ratified by the senate ofthe United States, on the 24th of February, 1831) by thecommissioners on the part of the United States, and theMingoes, chiefs, captains, and warriors of the Choctawnation, on the part of said nation, it is provided that"The United States, under a grant specially to be madeb-y the president ot the United States, shall cause to beconveyed to the Choctaw ration," a tract of country west.of the Mississippi river, in fee simple, to them and theirdescendants, to inure to them while they shall exist as anation, and live on it: Beginning near Fort Smith,where the Arkansas boundary crosses the Arkansasriver, running thence to the source of the Canadian fork,if in the limits of the United States, or to those limits;thence due south to Red river, and down Red river tothe west boundary of the territory of Arkansas; thencenorth along that line to the beginning. The boundaryof the same to be agreeably to the treaty made and concludedat Washington City in the year 1825.Now Know Ye, That the United States of America,in consideration of the premises, and in execution of theagreement and stipulation in the aforesaid treaty, havegiven and granted, and by these presents do give, and

32 TREATY OF 1830.grant, unto the said Choctaw nation, the aforesaid "Tractof country west of the Mississippi," to have and to holdthe same, with all the rights, privileges, immunities, andappurtenances of whatsoever nature thereunto belonging,as intended "to be conveyed" by the aforesaid article,"in fee simple to them and their descendants, to inureto them, while they shall exist as a nation and liveon it" liable to no transfer or alienation, except to theUnited States, or with their consent.In testimony whereof, I. John Tyler, president ofthe United States of America, have caused these lettersto be made patent, and seal of the General Land Officeto be hereunto affixed. Given under my hand at theCity of Washington, the twenty-third day of March, inthe year of our Lord one thousand eight hundred andforty-two, and of the Independence of the United Statesthe Sixty Sixth.TREATY OF 1830. 33Returned to the war department for the Choctawnation March '24, 1842.[L. s.]E. M. HUNTINGTON,Commissioner of the General Land Office.I hereby certify that the foregoing and above trans-.,script is a true and correct copy from the original patentnow on tile in my office.In witness hereto I have affixed the seal of the Choctawnation, this January 26th, 1886.[L. s.]THOMPSON McKINNEY,National Secretary, Choctaw Nation.By the president—JOHN TYLER.DAN'L WEBSTER,Secretary of State.JOHN C. SPENCER,Secretary of War.T. HARTLEY CRAWFORD,Commissioner of Indian Affairs.Recorded. Volume 1, Page 43.J. WILLIAMSON,Recorder of the General Land Office.Executed in the Bureau of Typographical Engineers.JOHN J. ALBERT,Col. Corps T. Engineers.3

TREATY OF 1837.35TREATY OF 1837.Al tides of Convention and Agreement Made on theSeventeenth, day of January, 1837, Between theUndersigned Chiefs and Commissioners duly Appointedand Empowered by the Ch,oclaw Tribe ofRed People, and John McLish, Pitman Colbert,James Brown and James Perry, Delegates of theChickasaw 'Jr/be of Indians, Duly Authorizedby the Chiefs and Head Men of said People forthat Purpose, at Doaksville, near Fort lowson,in the Choctaw Country.ARTICLE I.It is agreed by the Choctaws that the Chickasawsshall have the privilege of forming a district within thelimits of their country, to be held on the same terms thatthe Choctaws now hold it, except the right of disposingof it, (which is held in common w ith the Choctaws andChickasaws) to be called the Chickasaw district of theChoctaw nation ; to have an equal representation intheir general council, and to be placed on an equal footingin every other respect with any of the other districtsof said nation, except a voice in the management of theconsideration which is given for these rights and privileges;and the Chickasaw people to be entitled to allthe rights and privileges of Choctaws, with the exception of participting in the Choctaw annuities and theconsideration to be paid for these rights and privileges,and to be subject to the same laws to which the Choctawsare ; but the Chickasaws reserve to themselves thesole right and privilege of controlling and managing theresidue of their funds as far as is consistent with thelate treaty between the said people and the governmentof the United States, and of making such regulationsand electing officers for that purpose as they may thinkproper.ARTICLE II.The Chickasaw district shall be bourided as follows,viz : Beginning on the north bank of Red river, at themouth of Island Bayou, about eight or ten miles belowthe mouth of False Washita; thence running north alongthe main channel of said bayou to its source ; thencealong the dividing ridge between the Washita and LowBlue rivers to the road leading from Fort Gibson to FortWashita ; thence along said road to the line dividingMosholatubbee and Pushamataha districts ; thence eastwardlyalong said district line to the source of Brushycreek ; thence down said creek to where it flows into theCanadian river, ten or twelve miles above the mouth ofthe south fork of the Canadian ; thence west along themain Canadian river to its source, if in the limits of theUnited States, or to those limits ; and thence due southto Red river, and down Red river to the beginning.ARTICLE III.The Chickasaws agree to pay to the Choctaws as aconsideration for these rights and privileges, the sum offive hundred and thirty thousand dollars—thirty thousandof which shall be paid at the time and in the mannerthat the Choctaw annuity of 1837 is paid, and theremaining five hundred thousand dollars to be investedin some safe and secure stocks, under the direction ofthe government of the United States, redeemable within

36 TREATY OF 1837.a period of not less than twenty years—and the governmentof the United States shall cause the interest arisingtherefrom to be paid annually to the Choctaws in thefollowing manner : twenty thousand of which to be paidas the present Choctaw annuity is paid, for four years,and the residue to be subjected to the control of thegeneral council of the Choctaws ; and after the expirationof the four years the whole of said interest to besubject to the entire control of the said council.ARTICLE IVTo provide for the future adjustment of all complaintsor dissatisfaction which may arise to interruptthe peace and harmony which have so long and so happilyexisted between the Choctaws and Chickasaws, itis hereby agreed by the parties that all questions relativeto the construction of this agreement shall be referredto the Choctaw agent to be by him decided; reserving,however, to either party, should it feel itself aggrievedthereby, the rights of appealing to the president of theUnited States, whose decision shall be final and binding.But as considerable time might elapse before the decisionof the president could be had, in the mean time thedecision of the said agent shall remain binding.ARTICLE V.It is hereby declared to be the intention of the partieshereto, that equal rights and privileges shall per-,tain to both Choctaws and Chickasaws to settle in whateverdistrict they may think proper, and to be eligibleto all the different offices of the Choctaw nation, and tovote on the same terms in whatever district they maysettle, except that the Choctaws are not to vote in anywisefor officers in relation to the residue of the Chickasawfund.Proclaimed March 24, 1837.TREATY OF 1855.Article of Agreement and Convention Between theUnited States and the Choctaw and ChickasawTribe of Indians, made and Concluded at the Cityof Washington, the twenty-second day ot June, A.D. One Thousand Eight Hundred and Fifty-Five,by George W. Illanypenny, Commissioner on thePart of the United States; Peter P. Pitchlynn,Israel Fulsom, Samuel Garland, and Dixon W.Lewis, Commissioners on the Part of the Choctaws;and Edmund Pickens and Sampson Folsom, Commissionerson the part of the Chickasaws.WHEREAS, the political connection heretofore existingbetween the Choctaw and Chickasaw tribes of Indianshas given rise to unhappy and injurious dissensionsand controversies among them, which render necessarya readjustment of their relations to each other andto the United States; and, whereas, the United States desirethat the Choctaw Indians shall relinquish all claimto any territory west of the one hundreth degree of westlongitude, and also to make provision for the permanentsettlement within the Choctaw country of the Wichitaand certain other tribes or bands of Indians, for .whichpurpose the Choctaws and Chickasaws are willing tolease, on reasonable terms, to the United States, thatportion of their common territory which is west of theninety-eighth degree of west longitude; and, whereas, theChoctaws contend that, by a just and fair constructionof the treaty of September 27,1830, they are, of right, en-

38 TREATY OF 1855. TREATY OF 1855. 39titled to the net proceeds of the land ceded by them tothe United States, under said treaty, and have proposedthat the question of their right to the same, togetherwith the whole subject-matter of their unsettled claims,whether national or individual, against the United States,arising under the various provisions of said treaty, shallbe referred to the senate of the United States for finaladjudication and adjustment; and, whereas, it is necessaryfor the simplification and better understanding ofthe relations between the United States and the ChoctawIndians, that all their subsisting treaty stipulations beembodied in one comprehensive instrument:Now, therefore, the United States of America, bytheir commissioner, George W. Manypenny; the Choctawsby their commissioners, Peter P. Pitchlynn, IsraelFulsom, Samuel Garland, and Dixon W. Lewis; and theChickasaws, by their commissioners, Edmund Pickensand Sampson Folsom, do hereby agree and stipulate asfollows, viz:ARTICLE I.The following shall constitute and remain the boundaries of the Choctaw and Chickasaw country, viz; Beginningat a point on the Arkansas river, one hundredpaces east of old Fort Smith, where the western boundaryline of the state of Arkansas crosses the said river,and running thence due south to Red river; thence upRed river to the point where the meridian of one hundreddegrees west longitude crosses the same; thencenorth and along said meridian to the main Canadianriver; thence down said river to its junction with theArkansas river; thence down said river to the place ofbeginning.And pursuant to an act of congress, approved May28, 1830, the United States do hereby forever secure andguarantee the lands embraced within the said limits tothe members of the Choctaw and Chickasaw tribes, theirheirs and successors, to be held in common; so that eachand every member of either tribe shall have an equal,undivided interest in the whole: Provided, however, nopart thereof shall ever be sold without the consent ofboth tribes; and that said land shall revert to the UnitedStates if said Indians and their heirs become extinct orabandon the same.ARTICLE II.A district for the Chickasaws is hereby established,bounded as follows, to-wit : Beginning on the northbank of Red river, at the mouth of Island bayou, whereit empties into Red river, about twenty-six miles on astraight line, below the mouth of False Washita; thencerunning a northwesterly course along the main channelof said bayou to the junction of the three prongs of saidbayou, nearest the dividing ridge between Washita andLow Blue rivers, as laid down on Captain R. L. Hunter'smap; thence northerly along the eastern prong of Islandbayou to its source; thence due north to t he Canadianriver ; thence west along the main Canadian to theninety-eighth degree of west longitude ; thence south toRed river ; and thence down Red river to the beginning:Provided, however, if the line running due north fromthe eastern source of Island bayou, to the main :Canadian,shall not include Allen's or Wa-pa-nacka academywithin the Chickasaw district, then an offset shall bemade from said line, so as to leave said academy twomiles within the Chickasaw district, north, west andsouth from the lines of boundary.ARTICLE HI.The remainder of the country held in common bythe Choctaws and Chickasaws, shall constitute the Choc-

40 TREATY OF 1855. TREATY OF 1855. 41taw district, and their officers and people shall at alltimes have the right of safe conduct and free passagethrough the Chickasaw district.ARTICLE IV.The government and laws now in operation and notincompatable with this ins trument, shall be and remainin full force and effect within the limits of the Chickasawdistrict, until the Chickasaws shall adopt a constitution,and enact laws, superseding. abrog ating orchanging the same. And all judicial proceedings withinsaid district, commenced prior to the adoption of a constitutionand laws by the Chickasaws, shall be conductedand determined according to existing laws.ARTICLE V.The members of either the Choctaw or Chickasawtribe shall have the right, freely, to settle within the jurisdictionof the other, and shall thereupon be entitled to allthe rights, privilege and immunities of citizens thereof;but no member of either tribe s hall be entitled to participatein the funds belonging to any other tribe. Citizensof both tribes shall have t he right to institute andprosecute suits in the courts of either, under such regulationsas may, from time to time, be prescribed by theirrespective legislatures.ARTICLE VI.Any person duly charged with a criminal offenseagainst the laws of either the Choctaw or the Chickasawtribes, and escaping into the jurisdiction of the other,shall be promptly surrendered, upon the demand of theproper authorities of the tribe within whose jurisdictionthe offense shall be alleged to have been committed.ARTICLE VII.So far as may be compatible with the constitutionof the United States and the laws made in pursuancethereof, regulating trade and intercourse with the Indiantribes, the Choctaws and the Chickasaws shall be securedin the unrestricted right of self-government andfull jurisdiction over persons and property, within theirrespective limits; excepting, however, all persons withtheir property, who are not by birth, adoption or otherwise,citizens or members of either the Choctaw or Chickasawtribe; and all persons not being citizens or membersof either tribe, found within their limits, shall beconsidered intruders, and be removed from, and keptout of the same, by the United States agent, assisted ifnecessary by the military, with the following exceptions,viz: Such individuals as are now, or may be in the employmentof the government and their families, thosepeacefully traveling, or temporarily sojourning in thecountry, or trading therein, under license from the prop -er authority of the United States; and such as may bepermitted by the Choctaws or Chickasaws, with the assentof the United States agent,to reside within theirlimits, without becoming citizens or members of eitherof said tribes.ARTICL E VIII.In consideration of the foregoing stipulations, andimmediately upon the ratification of this convention,there shall be paid to the Choctaws, in such manner astheir national council shall direct, out of the nationalfund of the Chickasaws, held in trust by the UnitedStates, the sum of one hundred and fifty thousand dollars.

42 TREATY OF 1855. TREATY OF 1855. 43ARTICLE IX.The Choctaw Indians do hereby absolutely and foreverquit claim and relinquish to the United States alltheir rights, title and interest in, and to any and alllands, west of the one hundredth degree of west longitude,and the Choctaws and Chickasaws do hereby leaseto the United States all that portion of their common territorywest of the ninety.eighth degree of west longitudefor the permanent. settlement of the Wichita and suchother tribes or bands of Indians as the government maydesire to locate therein; excluding, however, all theIndians of New Mexico, and also those whose usualranges at present are north of the Arkansas river, whosepermanent locations are north of the Canadian river, butincluding those bands whose permanent ranges are southof the Canadian, or between it and the Arkansas; whichIndians shall be subject+ -,o the exclusive control of theUnited States, under such rules and regulations, not inconsistentwith the rights and interests of the Choctawsand Chickasaws, as may from time to time be prescribedby the president for their government. Prov ided, however,the territory so leased shall remain open to settlementby Choctaws and Chickasaws as herebefore.ARTICLE X.In consideration of the foregoing relinquishment andlease, and as soon as practicable after the ratification ofthis convention, the United States will pay to the Choctawsthe sum of six hundred thousand dollars, and tothe Chickasaws the sum of two hundred thousand dollars,in such manner as their general councils shallrespectively direct.ARTICLE XI.The government of the United States not being prepare.dto assent to the claim set up under the treaty ofSeptember the twenty-seventh, eighteen hundred andthirty, and so earnestly contended for by the Choctawsas a rule of settlement, but justly appreciating the sacrifices,faithful services, and general conduct of the Choc• taw people, and being desirous that their rights andclaims against the United States shall receive a just. fairand liberal consideration ; it is therefore stipulated thatthe following questions be submitted for adjudication tothe senate of the Lnited States:First—Whether the Choctaws are entitled to, orshall be allowed, the proceeds of the sale of the landsceded by them to the United States, by the treaty ofSeptember the twenty-seventh, eighteen hundred andthirty, deducting therefrom the cost of their survey andsale, and all just and proper expenditures and paymentsunder the provisions of said treaty ; and, if so, whatprice per acre shall be allowed to the Choctaws to thelands remaining unsold, in order that a final settlementwith them may be promptly effected. Or.Second—Whether the Choctaws shall be allowed agross sum, in further and full satisfaction of all theirclaims, national and individual, against the UnitedStates ; and, if so, how much.ARTICLE XII.In case the senate shall award the Choctaws the netproceeds of the lands, ceded as aforesaid, the same shallbe received by them in full satisfaction of all their claimsagainst the United States, whether national or individual,arising under any former treaty ; and the Choctawsshall thereupon become liable and bound to pay allsuch individual claims as may be adjudged by theproper authorities of the tribe to be equitable and just-

44 TREATY OF 1855. TREATY OF 1855. 457-the settlement and payment to be made with the adviceand under the direction of the United States agent forthe tribe ; and so much of the fund awarded by the senateto the Choctaws, as the proper authorities thereofshall ascertain and determine to be necessary for thepayment of the just liabilities of the tribe, shall ontheir requisition, he paid over to them by the UnitedStates. But should the senate allow a gross sum, in furtherfull satisfaction of all their claims, whether nationalor individual, against the United States, the sameshall be accepted by the Choctaws, and they shall thereuponbecome liable for, and bound to pay, all the indiual claims as aforesaid ; it being expressly understoodthat the adjudication and decision of the senate shall befinal.ARTICLE XIII.The amounts secured by existing treaty stipulations—viz:permanent annuity of three thousand dollars,under the second article of the treaty of eighteen hundredand five; six hundred dollars per annum for thesupport of light-horsemen, under the thirteenth articleof the treaty of eighteen hundred and twenty; permanentannuity of six thousand dollars for education, under thesecond article of the treaty of eighteen hundred andtwenty-five; six hundred dollars per annum permanentprovision for the support of a blacksmith, under thesixth article of the treaty of eighteen hundred and twen -ty; and three hundred and tWenty dollars permanentprovision for iron and steel, under the ninth article ofthe treaty of eighteen hundred and twenty five, shallcontinue to be paid to, or expended for the benefit of,the Choctaws as heretofore; or the same may be appliedto such objects of general utility as may, from time totime, be designated by the general council of the tribe,with the approbation of the government of the UnitedStates. And the funds now held in trust by the UnitedStates for the benefit of the Choctaws under former treaties,or otherwise, shall continue to be so held; togetherwith the sum of five hundred thousand dollars out ofthe amount payable to them under articles eighth andtenth of this agreement, and also whatever balance shallremain, if any, of the amount that shall be allowed theChoctaws, by the senate, under the twelfth article hereof,after satisfying the just liabilities of the tribe, Thesums so to be held in trust shall constitute a generalChoctaw fund, yielding an annual interest of not lessthan five per centum; no part of which shall be paid outas annuity, but shall be regularly and judiciously applied,under the direction of the general council of theChoctaws, to the support of their government, for purposesof education, and such other objects as may bebest calculated to promote and advance the improvement,welfare and happiness of the Choctaw people andtheir descendants.ARTICLE XIV.The United States shall protect the Choctaws andChickasaws from domestic strife, from hostile invasion,and from aggression by other Indians and whitepersons not subject to their jurisdiction and laws;and from all injuries resulting from such invasionor aggression, full indemnity is hereby guaranteedto the party or parties injured, out of the treasuryof the United States, upon the same principle and accordingto the same rules upon which white persons are entitledto indemnity for injuries or aggressions upon them,committed by Indians.

46 TREATY OF 1855.ARTICLE XV.The Choctaws and Chickasaws shall promptly apprehendand deliver up all persons accused of any crime oroffense against the laws of the United States, or any statethereof. who may be found within their limits, on demandof any proper officer of a state or of the UnitedStates.ARTICLE XVI.All persons licensed by the United States to tradewith the Choctaws and Chickasaws, shall be required topay to the respective tribes a moderate annual compen -sation for the land and timber used by them; the amountof such compensation, in each case, to be assessed by theproper authorities of said tribe, subject to the approvalof the United States agent.ARTICLE XVII.The United States shall have the right to establishand maintain such military posts, post roads and Indianagencies as may be deemed necessary within the Choc.taw and Chickasaw country, but no greater quantity ofland or timber shall be used for said purposes than shallbe actually requisite, and if in the establishment or maintenanceof such posts, post roads and agencies, the propertyof any Choctaw or Chickasaw shall be taken, injuredor destroyed, just and adequate compensationshall be made by the United States. Only such personsas are, or may be, in the employment of the UnitedStates, or subject to the jurisdiction of the laws of theChoctaws or Chickasaws, shall be permitted to farm orraise stock within the limits of any of said militaryposts or Indian agencies. And no offender against thelaws of either tribe shall be permitted to take refugetherein.TREATY OF 1855. 47ARTICLE XVIII.The United States, or any incorporated companyshall have the right of way for railroads, or lines of telegraphy,through the Choctaw or Chickasaw country ;but for any property taken or destroyed in the construe_tion thereof, full compensation shall be made to theparty or parties injured, to be ascertained and determinedin such manner as the president of the UnitedStates shall direct.ARTICLE XIX.The United States shall, as soon as practicable,cause the eastern and western boundary lines of thetract of country described in the first article of this convention,and the western boundary of the Chickasawdistrict, as herein defined, to be run and permanentlymarked.ARTICLE XX.That this convention may conduct, as far as possible,to the restoration and preservation of kind and friendlyfeeling among the Choctaws and Chickasaws, a generalamnesty of all past offenses, committed within theircountry, is hereby declared. And in order that theirrelations to each other and to the United States mayhereafter be conducted in a harmonious and satisfactorymanner, there shall be but one agent for the two tribes.ARTICLE XXI.This convention shall supersede and take the placeof' all former treaties between the United States and theChoctaws, and, also, of all treaty stipulations betweenthe United States and the Chickasaws, and between theChoctaws and Chickasaws, inconsistent with this agree-

48 TREATY OF 1855.ment, and shall take effect and be obligatory upon thecontracting parties, from the date hereof, whenever thesame shall be ratified by the respective councils of theChoctaw and Chickasaw tribes, and by the presidentand senate of the United States.TREATY OF 1866.ARTICLE XXII.It is understood and agreed that the expenses of therespective commissioners of the two tribes, signing thesearticles of agreement and convention, in coming to andreturning from this city, and while here, shall be paidby the United States.CHOCTAWS AND CHICKASAWS.Articles of Agreement and Convention Between theUnited States and the Choctaw and ChickasawNations of Indians, Made and Concluded at theCity of Washington the 928th day of April, in theYear 1866, by Dennis 1V. Cooley, Elijah Sells, andE. S. Parke?, Special Commissioners on the part ofthe United States, and Alfred Wade, Allen Wright,James Riley and John Page, Commissioners on thePart of the Choctaws, and Winchester Colbert, EdmundPickens, Hoems Colbert, Colbert Carter andRobert H. Love, Commissioners on the Part ofthe Chickasaws.ARTICLE I.Permanent peace and friendship are hereby establishedbetween the United States and said nations; andthe Choctaws and Chickasaws do hereby bind themselvesrespectively to use their influence and to makeevery exertion to induce Indians of the plains to maintainpeaceful relations with each other. with other Indians,and with the United States.ARTICLE II.The Choctaws and Chickasaws hereby covenant andagree that henceforth neither slavery nor involuntaryservitude, otherwise than in punishment of crime whereofthe parties shall have been duly convicted in accordance4

50TREATY OF 1866.with laws applicable to all members of the particularnation, shall ever exist in said nations.ARTICLE III.The Choctaws and Chickasaws, in consideration ofthe sum of three hundred thousand dollars, hereby cedeto the United States the territory west of the ninetyeighthdegree west longitude, known as the leased district,provided that the said sum shall be invested andheld by the United States, at an interest not less thanfive per cent., in trust for the said nations, until the legislaturesof the Choctaw arid Chickasaw nations respectivelyshall have made such laws, rules, and regulationsas may be necessary to give all persons of African descent,resident in the said nations at the date of thetreaty of Fort smith, and their descendants, heretoforeheld in slavery among said nations, all the rights, privileges,and immunities, including the right of suffrage,of citizens of said nations, except in the annuities, moneys,and public domain claimed by, or belonging to, saidnations respectively; and also to give to such personswho were residents as aforesaid, and their descendants,forty acres each of the land of said nations on the sameterms as the Choctaws and Chickasaws, to be selected onthe survey of said land, after the Choctaws and Chickasawsand Kansas Indians have made their selections, asherein provided; and immediately on the enactment ofsuch laws, rules, and regulations, the said sum of threehundred thousand dollars shall be paid to the said Choctawand Chickasaw nations in the proportion of threefourthsto the former and one fourth to the latter—lesssuch sum, at the rate of one hundred dollars per capita,as shall be sufficient to pay such persons of African descentbefore referred to as within ninety days after thepassage of such laws, rudes, and regulations shall electTREATY OF 1866.51to remove and actually remove from the said nations respectively.And should the said laws, rules, and regu-lotions not be made by the legislatures of the said nationsrespectively, within two years from the ratificationof this treaty, then the said sum of three hundred thousanddollars shall cease to be held in trust for the saidChoctaw and Chickasaw nations, and be held for the useand benefit of such of said persons of African descent asthe United States shall remove from the said territoryin such manner as the United States shall deem proper—the United States agreeing, within ninety days fromthe expiration of said two years, to remove from saidnations all such persons of African descent as may bewilling to move; those remtlining or returning after havingbeen removed from said nations to have no benefitof said sum of three hundred thousand dollars, or anyPart thereof, but shall be upon the same footing as othercitizens of the United States in the said nations.ARTICLE IV.The said nations further agree that all negroes, nototherwise disqualified or disabled, shall be competentwitnesses in all civil and criminal suits and proceedingsin the Choctaw and Chickasaw courts, any law to thecontrary, notwithstanding, and they fully recognize theright of the freemen to a fair remuneration on reasonableand equitable contracts for their labor, which thelaw should aid them to enforce. And they agree, on thepart of their respective nations, that all laws shall beequal in their operation upon Choctaws, Chickasawsand negroes, and that no distinction affecting the lattershall at any time be made, and that they shall be treatedwith kindness and be protected against injury ; andthey further agree, that while the said freemen, now inthe Choctaw and Chickasaw nations, remain in said na-

TREATY OF 1866.tions, respectively; they Shall be entitled to as much landas they may cultivate for the support of themselves andfamilies, in cases where they do not support themselvesand families by hiring, not interfering with existing improvementswithout the consent of the occupant, it beingunderstood that in the event of the making of thelaws, rules and regulations aforesaid, the forty acresaforesaid shall stand in place of the land cultivated aslazt aforesaid.ARTICLE V.A general amnesty of all past offenses against thelaws of the United States, committed before the signingof this treaty by any member of the Choctaw or Chickasawnations, is hereby declared ; and the United Stateswill especially request the States of Missouri, Kansas,Arkansas and Texas to grant the like amnesty as to alloffenses committed by any member of the Choctaw orChickasaw nation. And the Choctaws and Chickasaws,anxious for the restoration of kind and friendly feelingsamong themselves, do hereby declare an amnesty for alloffenses against their respective governments, andpastno Indian or Indians shall be prescribed, or any act offorfeiture or confiscation passed against those who mayhave remained friendly to the United States, but theyshall enjoy equal privileges with other members of saidtribes, and all laws - heretofore passed inconsistent herewithare hereby declared inoperative. The people of theChoctaw and Chickasaw nations stipulate and agree todeliver up to any authorized agent of the United Statesall public property in their possesion which belong tothe late "so-called Confederate States of America," orthe United States, without any reservation whatever,particularly ordinance, ordinance stores and arms ofkinds.is oaarij,•p.znoq aro ..fq paxt4 aq ims dottim jo p.mngs aril 'uotmuturt:xa unguatir n osin pun 'sloops Jo quairipadns aril A'q pagootas untorsifrid gualadtuooq rri:Ignutturxii inotsiCrid. ofqngtpato n ssnd og paJrnb OTTIOStings Jnrotios 'Ilona TIOIRRIETIpt: ■4.ropg't . oxs.troirgoaras [Ions Jo agroup.loo I?The Gl.ti JO SlITIR(i 11.1 JO SIT./ '0) JO`pagoaras os uosJadof way thrc.' PIT?SIOOTTOR poorpoqtar, aril Wayiimis a.pni nionb s ‘ .ifqif -111110o rgona :og paigtiva'4174suaritilol") J0 s If d ti.C1 ALIVUI MOT! `JnaS opsniitihieeslewghisiclahṭt'llialtlshall, with ti JO 2utlifiT2,4q alit a.tojaq sift:psecretary of Jo ,--4-t1Purifturroofg.rttig gsnai- qnWO iCJI101.1 finds p.moq atuqo uo p n i1001105d Iiiolaednotiri trrtogl 7s od1001105at ig 01 tropiodoJdjo p.unoq 94] ifq trolinu rat:good° aril uf saltwest side tile iaril .-Irrottrit pattop.roddt: aq fivtis xas tiaraethe ,e iognleitetehnoti 1 II j ........ourioa rnitse3-Togri° arilulc osodo aq [Inds III .&lipfROJ SAMIX95 tfal? JO 0110 'Sill,provides that, fxrarratas .adoll raaN gn pun `sdoq aqconstruction t Jaouads gn fpaipunig frnfi9,4t10 4(i IRIIISthe party or p 't? slniotios jo Jogruntr atiI stompstermined .8 .oxsin SU 10A. JOCIOJCI IllIM pilIMILII0031:States shall dit,uotu rin jo guatuagt:gs poztruagt `papuadxaun tigtmpanics, with a1be subject to ti,tagallt103 jo auudtostp inu.laguI ato pun ssaj.intercourse witka illSJOaRtti J3I:00 pun `aounpueg■4*1)11.40J0d Jpillregulations as 1tigtraaril Xpoquto` SIVEOffOR HUthe interior for ffrIfR sg.zoda.t'TIOITti `JVI_Cpua aril gn pinoq wig oland agreed that totivonpo Jo p.tvoq uoistAJacinsSIJ0CL4J ffnJroads aforesaid si anpuoaatig jopun `sroorgos antioadso.t .flaq4the particular cos sarapuogupodus aril -gamounts as they .oassections of unoccieggo puu*uotinanpa jo p.inoq atig: ilAv _rigtAteach side of saic i Sq pasodtut :jtilInj sv saigtipagreedeql nodupon het tg jo peuomp:uoa `(0004)CIII19tions and the saalp tit :mid ifq pati-IcipCIEOULICIapproval of the iaril o7 al-qv/ed. `sor -mnRded, however, tha•kv,r,Doup aH,Lbe sold, or demisJO SAW?zen of the Choct;their laws andRIX,'' 1-

54 TREATY OF 1866.officers, servants, and employes of such companies necessaryto the construction and management of said roador roads shall not be excluded from such occupancy astheir respective functions may require, they being subjectto the provisions of the Indian intercourse law andsuch rules and regulations as may be established by thesecretary of the interior. And provided also, That thestock thus subscribed by either of said nations shallhave the force and effect of a first mortgage bond on allthat part of said road, . appurtenances, and equipmentssituated and used within said nations respectively, andshall be a perpetual lien on the sante, and the said nationsshall have the right, from year to year, to elect toreceive their equitable proportion of declared dividendsof profits on their said stock, or interest on the par valueat the rate of six per cent. per annum.2. And it is further declared, in this connection,that as fast as sections of twenty miles in length arecompleted, with the rails laid ready for use. with allwater and other stations necessary to the use thereof, asa first class road, the said company or companies shallbk.come entitled to patents for the alternate sections aforesaid,and may proceed to dispose thereof in the mannerherein provided for, subject to the approval of the secretaryof the interior.3. And it is further declared, also, in case of one ormore of said alternate sections being occupied by anymember or members of said nations respectively, sothat the same cannot be transferred to the said companyor companies, that the said nation or nations, respectively,may select any unoccupied section or sections, asnear as circumstances will permit, to the said width ofsix miles on each side of said road or roads, and conveythe same as an equivalent for the section or sections sooccupied as atort-said.TREATY OF 1866. 55ARTICLE VII.The Choctaws arid Chickasaws agree to such legislationas congress and the president of the United Statesmay deem necessary for the better administration ofjustice and the protection of the rights of person andproperty within the Indian territory: Provided, however,such legislation shall not in anywise interfere with orannul their present tribal orgonization, or their respectivelegislatures or judiciaries, or the rights, laws, privilegesor customs of the Choctaw or Chickasaw nationsrespectively.ARTICLE VIII.The Choctaws and Chickasaws also agree that acouncil, consisting of delegates elected by each nationor tribe, lawfully resident within the Indian territory,may be annually convened in said territory, to be organizedas follows:1. After the ratification of this treaty, and as soonas may deemed practicable by the secretary of the interior,and prior to the first session of said assembly, acensus of each tribe, lawfully resident in said territory,shall be taken, under the direction of the superintendentof Indian affairs, by competent persons, to be appointedby him, whose compensation shall be fixed by the secretaryof the interior and paid by the United States.2. The counsel shall consist of one member fromeach tribe or nation whose population shall exceed fivehundred, and an additional member for each one thousandIndians, native or adopted, or each fraction of athousand greater than five hundred being members ofany tribe lawfully resident in said territory, and shall beselected by the tribes or nations respectively who mayassent to the establishment of said general assembly:

56 TREATY OF 1866.and if none should be thus formally selected by any nationor tribe, it shall be represented in said general assemblyby the chief or chiefs and head men of saidtribes, to be taken in the order of their rank as recognizedin tribal usage in the number and proportionsabove indicated.3. After the said census shall have been taken andcompleted, the superintendent of Indian affairs shallpublish and declare to each tribe the number of membersof said council to which they shall be entitled underthe provisions of this article ; and the persons so torepresent the said tribes shall meet at such time andplace as he shall designate, but thereafter the time andplace of the session of the general assembly shall be determinedby itself : Provided, that no session in any oneyear shall exceed the term of thirty days ; and providedthat the special sessions may be called whenever, in thejudgment of. the secretary of the interior, the interests ofsaid tribes shall require it.4. The general assembly shall have power to legislateupon all subjects and matters pertaining to theintercourse and relations of the Indian tribes and nationsresident in the said territory, the arrest and extraditionof criminals escaping from one tribe to another, the administrationof justice between members of the severaltribes of said territory, and persons other than Indiansand members of said tribes or nations, the constructionof works of internal improvement, and the common defenseand safety of the nations of the said territory. Alllaws enacted by said council shall take effect at thetimes therein provided, unless suspended by the secretaryof the interior or the president of the United States.No law shall be enacted inconsistent with the constitutionof the United States or the laws of congress, orexisting treaty stipulations with the United States ; norTREATY OF 1866.shall said council legislate upon matters pertaining tothe legislative, judicial or other organizations, laws orcustoms of the several tribes or nations, except as hereinprovided for.5. Said council shall be presided over by the super-.intendent of Indian affairs, or, in case of his absence fromany cause, the duties of the superintendent enumeratedin this article shall be performed by such person as thesecretary of the interior shall indicate.6. The secretary of the interior shall appoint a secretaryof said council, whose duty it shall be to keep anaccurate record of all the proceedings of said council.and to transmit a true copy thereof, duly certified bythe superintendent of Indian affairs, to the secretary ofthe interior, immediately after the sessions of said councilshall terminate. He shall be paid five hundred dollarsas an annual salary by the United States.7. The members of the said council shall be paidby the United States, four dollars per diem, while inactual attendance thereon, and four dollars mileage forevery twenty miles going and returning therefrom bythe most direct route, to be certified by the secretary . ofsaid council and the presiding officer.8. The Choctaws and Chickasaws also agree that acourt or courts may be established in said territory *ithsuch jurisdiction and organization as congress may prescribe; Provided, that the same shall not interfere with_the local judiciary of either of said nations.9. Whenever congress shall authorize the appoint-,ment of a delegate from said territory, it shall be theprovince of said council to elect one from among the nationsrepresented in said council.10. And it is further agreed that the superintendentof Indian affairs shall be the executive of the said

56 TREATY OF 1866.territory, with the title of the "Governor of the Terri-• tory of Oklahoma," and that there shall be a secretaryof the said teriitory, to be appointed by the said superintendent;that the duty of the said governor' in additionto ,those already imposed on the superintendent ofIndian affairs, shall be such as properly belong to anexecutive officer charged with the execution of the laws,which the said council is authorized to enact under theprovisions of this treaty; and that for this purpose heshall have authority to appoint a marshal of said territoryand an interpreter, the said marshal to appoint suchdeputies, to be paid by fees, as may he required to aidhim in the execution of his proper functions, and be themarshal of the principal court of said territory that maybe estab1i4hed under the provisions of this treaty.11. And the said marshal and the said secretaryshall each be entitled to a salary of five hundred dollarsper annum, to be paid by the United States, and suchfees in addition thereto as shall be established by saidgovernor, with the approbation of the secretary of theinterior, it being understood that the said fee lists mayat any time be corrected and altered by the secretary ofthe interior, as the experience of the system proposedherein to be established shall show to be necessary, andshall in no case exceed the fees paid to marshals of theUnited States for similar services. The salary of theinterpreter shall be five hundred dollars, to be paid inlike manner by the United States.12. And the United States agree that in the appointmentof marshals and deputies, preference, qualificationsbeing equal, shall be given to competent membersof said nations, the object being to create a laudableambition to acquire the experience necessary for politicaloffices of importance in the respective nations.TREATY OF 1866. 5913. And whereas it is desired by the said Choctawand Chickasaw nations that the said council should consistof an upper and lower house, it is hereby agreedthat, whenever a majority of the tribes or nations representedin said council shall desire the same, or the congressof the United States shall so prescribe, there shallbe, in addition to the council now provided for, andwhich shall then constitute the lower house, an upperhouse, consisting of one member from each tribe entitledto representation in the council now provided for, the relationof the two houses to each other being such as prevailin the states of the United States, each house beingauthorized to choose its presiding officer and clerk toperform the duties appropriate to such offices; and itbeing the duty, in addition, of the clerks of each houseto make out and transmit to the territorial secretary faircopies of the proceedings of the respective houses immeiiiatelyafter their respective sessions, which copies shallbe dealt with by the said secretary as is now providedin the case of copies of the proceedings of the councilmentioned in this act, and the said clerks shall each beentitled to the same per diem as members of the respectivehouses, and the presiding officers to double thatsum.ARTICLE IX.Such sums of money as have, by virtue of treatiesexisting in the year eighteen hundred and sixty-one,been invested for the purposes of education, shall remainso invested, and the interest thereof shall be applied forthe same purposes, in such manner as shall be designatedby the legislative authorities of the Choctaw andChickasaw nations respectively.

TREATY OF 1866. 6160 TREATY OF 1866.ARTICLE X.The United States re-affirms all obligations arisingout of treaty stipulations or acts of legislation with regardto the Choctaw and Chickasaw nations, entered intoprior to the late rebellion, and in force at that time, notinconsistent herewith ; and further agrees to renew thepayment of all annuities and other moneys accruingunder such treaty stipulations and acts of legislation,from and after the close of the fiscal year ending on thethirtieth day of June, in the year eighteen hundred andsixty- six.ARTICLE XI.WHEREAS, The land occupied by the Choctaw andChickasaw nations, and described in the treaty betweenthe United States and said nations, of June twenty-second,eighteen hundred and fifty-five, is now held by themembers of said nations in common, under the provisionsof said treaty; and, whereas, it is believed that theholding of said land in severalty will promote the general civilization of said nations, and tend to advancetheir permanent welfare and the best interests of theirindividual members, it is hereby agreed that, should theChoctaw and Chickasaw people, through their respectivelegislative councils, agree to the survey and dividingtheir land on the system of the United States, theland aforesaid east of the ninety-eighth degree of westlongitude shall be, in view of the arrangements hereinaftermentioned, surveyed and laid off in ranges, townships,sections and part of sections; and that for the purposeof facilitating such surveys, and for the settlementand distribution of said land as hereinafter provided,there shall be established at Boggy depot, in the Choctawterritory, a land office; and that in making the saidsurveys and conducting the business of said office, includingthe appointment of all necessary agents and surveyors,the same system has been pursued which hasheretofore governed in respect to the public lands of theUnited States, it being understood that the said surveysshall be made at the cost of the United States and bytheir agents and surveyors, as in the case of their ownpublic lands, and that the officers and employes shall receivethe same compensation as is paid to officers andemployes in the land offices of the United States inKansas.ARTICLE XII.The maps of said survey shall exhibit, as faras "practicable, the outlines of the actual occupancy ofmembers of the said nations, respectively ; and whenthey are completed shall be returned to the said landoffice at at Boggy depot for inspection by all parties interested,when notice for ninety days shall be given ofsuch return, in such manner as the legislative authoritiesof said nations, respectively, shall prescribe, or, inthe event of said authorities failing to give such noticein a reasonable time, in such manner as the register ofsaid land office shall prescribe, calling upon all partiesinterested to examine said maps to the end that errors,if any, in the location of such occupancies, may be corrected.ARTICLE XIII.The notice required in the above article shall begiven, not only in the Choctaw and Chickasaw nations,but by publication in newspapers printed in the States ofMississippi and Tennessee, Louisiana, Texas, Arkansasand Alabama, to the end that such Choctaws and Chickasawsas yet remain outside of the Choctaw and Chickasaw nations, may be informed and have opportunity to

62. TREATY OF 1866. TREATY OF 1866. 63exercise the rights hereby given to resident Choctawsand Chickasaws ; Provided, that before any such Choctawor Chickasaw shall be permitted to select for himor herself, or others, as .hereinafter provided, he or sheshall satisfy the register of the land office of his or herintention, or the intention of the party for whom the selectionis to be made, to become bona fide resident in thesaid nation within five years from the time of selection,and should the said absentee fail to remove into said nation,and occupy and commence an improvement on theland selected within the time aforesaid, the said sectionshall be cancelled, and the land shall thereafter be dischargedfrom all claim on account thereof.ARTICLE XIV.At the expiration of the ninety days aforesaid thelegislative authorities of the said nations, respectively,shall have the right to select one quarter section of landin each of the counties of said nations, respectively, intrust for the establishment of seats of justice therein,and also as many quarter sections as the said legislativecouncils may deem proper for the permanent endowmentof schools, seminaries and colleges in said nation,provided such selection shall not embrace or interferewith any improvement in the actual occupation ofany member of the particular nation without his consent;and, provided, the proceeds of sale of the quarter sectionsselected for seats of justice shall be appropriatedfor the erection or improvement of public buildings inthe county in which it is located.ARTICLE XV.At the expiration of the ninety days' notice aforesaid,the selection which is to change the tenure of theland in the Choctaw and Chickasaw nations from a holdingin common to a bolding in severally, shall takeplace, when every Choctaw and Chickasaw shall havethe right to one quarter section of land, whether male orfemale, adult or minor, and if in actual possession oroccupancy of land improved or cultivated by him or her,shall have a prior right to the quarter section in whichhis or her improvement lies; and every infant shall haveselected for him or her a quarter section of land in suchlocation as the father of such infant, if there be a fatherliving, and if no father living. then the mother or guardian,and should there be neither father, mother, orguardian, then as the probate judge of the county, actingfor the best interest of such infant, shall select.ARTICLE XVI.Should an actual occupant of land desire, at anytime prior to the commencement of the surveys aforesaid,to abandon his improvement, and select and improveother land, so as to obtain the prior right thereof,he or she shall be at liberty to do so ; in which event theimprovement so abandoned shall he open to selection byother parties : Provid,ed, that nothing herein containedshall authorize the multiplication of improvements so asto increase the quantity of land beyond what a partywould be entitled to at the date of this treaty.ARTICLE XVII.No selection to be made under this treaty shall bepermitted to deprive or interfere with the continuedoccupation by the missionaries established in the respectivenations of their several missionary establishments; it being the wish of the parties hereto to promoteand foster an influence so largely conducive to civilizationand refinement. Should any missionary who has

66 TREATY OF 1866.*TREATY OF 186G.67states as a military post or Indian agency, not exceedingone mile square, which, when abandoned, shall revert tothe nation in which the land lies.ARTICLE XXIII.The register of the land office shall inscribe in asuitable book or books, in alphabetical order, the nameof every individual for whom a selection shall be made,his or her age, and a description of the land selected.ARTICLE XXIV.Whereas, it may be difficult to give to each occupantof an improvement a quarter section of land, oreven a smaller sub-division, which shall include suchimprovement, in consequence of such improvements lyingin towns, villages and hamlets, the legislative authoritiesof the respective nations shall have power, where, intheir discretion they think it expedient, to lay off intotown lots any section or part of a section so occupied,to which lots the actual occupants, being citizens ot therespective nations, shall have pre emptive right, and,upon paying into the treasury of the particular nationthe price of the land, as fixed by the respective legislatures,exclusive of the value of said improvements, shallreceive a conveyance the'reof. Such occupant shall notbe prejudiced thereby in his right to his selection elsewhere.The town lots which may be unoccupied shall bedisposed of for the benefit of the particular nation, asthe legislative authorities may direct from time to time.When the number of occupants of the same quarter sectionshall not be such as to authorize the legislative authoritiesto lay out the same, or any part thereof intotown lots, they may make such regulations for the dis-position thereof as they may deem proper, either by subdivisionof the same, so as to accommodate the actualoccupants, or by giving the right of prior choice to thefirst occupant in point of time, upon paying the othersfor their improvements, to be valued in such way as thelegislative authorities shall prescribe, or otherwise. Alloccupants retaining their lots under this section, and desiring,in addition, to make a selection, must pay for thelots so retained, as in the case of town lots. And anyChoctaw or Chickasaw who may desire to select a sectionaldivision other than that on which his homesteadis, without abandoning the latter, shall have the right topurchase the homestead sectional division at such priceas the respective legislatures may prescribe.ARTICLE XXV.During ninety days from the expiration of the ninetydays' notice aforesaid, the Choctaws and Chickasawsshall have the exclusive right to make selections, asaforesaid, and at the end of that time the several partiesshall be entitled to patents for their respective selections,to be issued by the president of the United States, andcountersigned by the chief executive officer of the nationin which the land lies, and recorded in the records of theexecutive officer of the particular nation; and copies ofthe said patents, under seal, shall be evidence in anycourt of law or equity.LARTICLE XXVI.The right here given to Choctaws and Chickasaws,respectively, shall extend to all persons who have becomecitizens by adoption or intermarriage of either ofsaid nations, or who may hereafter become such.

68 TREATY OF 1866.ARTICLE XXVII.In the event of disputes arising in regard to therights of parties to select particular quarter-sections orother divisions of said land, or in regard to the adjustmentof boundaries, so as to make them conform to legaldivisions and subdivisions, such disputes shall be settledby the register of the land office and the chief executiveofficer of the nation in which the land lies, in asummary way, after hearing the parties; and if said registerand chief officer cannot agree, the two to call in athird party, who shall constitute a third referee, the decisionof any two of whom shall be final, without appeal.ARTICLE XXVIII.Nothing contained in any law of either of the saidnations shall prevent parties entitled to make selectionscontiguous to each other ; and the Choctaw and Chickasawnations hereby agree to repeal all laws inconsistentwith this provision,ARTICLE XXIX.Selections made under this treaty shall, to the extentof one-quarter section, including the homestead or dwelling,be inalienable for the period of twenty-one yearsfrom the date of such selection, and upon the death ofthe party in possession shall descend according to thelaws of the nation where the land lies ; and in the eventof his or her death without heirs, the said quarter-sectionshall escheat and become the property of the nation,ARTICLE XXX.The Choctaw and Chickasaw nation will receive intotheir respective districts, east of the ninety-eighth degreeof west longitude, in the proportion of one fourth inTREATY OF 1866. 69the Chickasaw and three fourths in the Choctaw nation,civilized Indians from the tribes known by the generalname of the Kansas Indians, being Indians to the northof the Indian territory, not exceeding ten thousand innumber, who shall have in the Choctaw and Chickasawnations, respectively, the same rights as the Choctawsand Chickasaws, of whom they shall be the fellow citizens,governed by the same laws and enjoying the sameprivileges, with the exception of the right to participatein the Choctaw and Chickasaw annuities and other mon-eys, and in the public domain, should the same, or theproceeds thereof, be divided per capita among said Choctawsand Chickasaws, and among others the right toselect land as herein provided for Choctaws and Chickasaws,after the expiration of the ninety days duringwhich the selections of land are to be made, as aforesaidby said Choctaws and Chickasaws; and the Choctaw andChickasaw nations pledge themselves to treat the saidKansas Indians in all respects with kindness and forbearance,aiding them in good faith to establish themselvesin their new homes, and to respect all their customsand usages not inconsistent with the constitutionand laws of the Choctaw and Chickasaw nations, respectively.in making selections after the advent of the Indiansand the actual occupancy of land in said nation,such occupancy shall have the same same effect in theirbehalf as the occupancies of Choctaws and Chickasaws;and after the said Choctaws and Chickasaws have madetheir selections as aforesaid, the said persons of Africandescent mentioned in the third article of the treaty shallmake their selections as therein provided, in the eventof the making of the laws, rules and regulations aforesaid,after the expiration of ninety days from the dateat which the said Kansas Indians are to make theirselections as therein provided, and the actual occupancy

70 TREATY OF 1866.of such persons of African descent shall have the sameeffect in their behalf as the occupancies of the Choctawsand Chickasaws.ARTICLE XXXI.And whereas some time must necessarily elapse beforethe surveys, maps and selections herein providedfor can be completed so as to permit the said KansasIndians to make their selections in their order, duringwhich time the United States may desire to remove thesaid Indians from their present abiding places, it ishereby agreed that the said Indians may at once comeinto the Choctaw and Chickasaw nations, settling themselvestemporarily as citizens of the said nations, respectively,upon such land as suits them and is notalready occupied.ARTICLE XXXII.At the expiration of two years, or sooner, if thepresident of the United States shall so direct, from thecompletion of the surveys and maps aforesaid, theofficers of the land-offices aforesaid shall deliver to theexecutive departments of the Choctaw and Chickasawnations, respectively, all such documen ts as may be necessaryto elucidate the land title as s3ttled according tothis treaty and forward copies thereof, with the fieldnotes,records, and other papers pertaining to said titles,to the commissioner of the general land-office, and thereaftergrants of land and patents thereof shall be issuedin such manner as the legislative authorities of saidnations may provide for all the unselected portions ofthe Choctaw and Chickasaw districts as defined by thetreaty of June twenty-second, eighteen hundred andfifty five.TREATY OF 1866. 71ARTICLE XXXII'.All lands selected as herein provided shall hereafterbe held in severalty by the repective parties, and theunselected land shall be the common property of theChoctaw and Chickasaw nations, in their corporate capacities,subject to the joint control of their legislativeauthorities.ARTICLE XXXIV.Should any Choctaw or Chickasaw be preventedfrom selecting for him or herself during the ninety daysaforesaid, the failure to do so shall not authorize anotherto select the quarter-section containing his improvement,but be may at any time make his selection thereof, sub.ject to having his boundaries made to conform to legaldivisions as aforesaid.ARTICLE XXXV.Should the selections aforesaid not be made beforethe transfer of the land records to the executive authoritiesof said nations, respectively, they shall be made accordingto such regulations as the legislative authoritiesof the two nations, respectively, may prescribe, to theend that full justice and equity may be done to the citizensof the respective terrritories.ARTICLE XXXVI.Should any land that has been selected under theprovisions of this treaty be abandoned and left uncultivatedfor the space of seven years by the party selectingthe same, or his heirs, except in the case of infantsunder the age of twenty-one years, or married women,or persons non compos mends, the legislative authoritiesof the nation where such land lies may either rent

.4.1.01.11MINVON,--\J72TREATY OF 1866.the same for the benefit of those interested, or diposeof the same otherwise for their benefit, and may passall laws necessary to give effect to this provision.ARTICLE XXXVII.In consideration of the right of selection hereinbeforeaccorded to certain Indians other than the Choctawsand Chickasaws, the United States agree to pay to theChoctaw and Chickasaw nations, out of the funds of Indiansremoving into said nations respectively, under theprovisions of this treaty, such sum as may be fixed bythe legislatures of said nations, not exceeding one dollarper acre, to be divided between the said nations in theproportion of one fourth to the Chickasaw nation andthree-fourths to the Choctaw nation, with the understandingthat at the expiration of twelve months theactual number of said immigrating Indians shall be ascertained,and the amount paid that may be actuallydue at the rate aforesaid; and should still further immigrationstake place from among said Kansas Indians,still further payments shall be made accordingly fromtime to time.ARTICLE XXXVIII.Every white person, who, having married a Choctawor Chickasaw, resides in the said Choctaw or Chickasawnation, or who has been adopted by the legislative authorities,is to be deemed a member of said nation, andshall be subject to the laws of the Choctaw and Chickasawnations according to his domicile, and to prosecutionand trial before their tribunals, and to punishment accordingto their laws in all respects as though he was anative Choctaw or Chickasaw.TREATY OF 1866.73ARTICLE XXXIX.No person shall expose goods or other articles for-sale as a trader without a permit of the legislative authoritiesof the nation, he may propose to trade in ; butno license shall be required to authorize any member ofthe Choctaw or Chickasaw nation to trade in the Choctawor Chickasaw country who is authorized by theproper authority of the nation, nor the authorized Choctawsor Chickasaws to sell flour, meat, fruit and otherprovisions, stock, wagons, agricultural implements, ortools brought from the United States into the saidcountry.ARTICLE XL.All restrictions contained in any treaty heretoforemade, or in any regulation of the United States upon thesale or other disposition of personal chattel property byChoctaws or Chickasaws, are hereby removed.ARTICLE XLI.All persons who are members of the Choctaw orChickasaw nations, and are not otherwise disqualified ordisabled, shall hereafter be competent witnesses in allcivil and criminal suits and proceedings in any courtsof the United States, any law to the contrary notwithstanding.ARTICLE XLII.The Choctaw and Chickasaw nations shall deliverup persons accused of crimes against the United Stateswho may be found within their respective limits, on therequisition of the governor of any state,'for:a crime committedagainst the laws of said state, and upon the requisitionof the judge of the district court of the United

MiffliMiMe—74 TREATY OF 1866. TREATY OF 1866.States for the district within which the crime was cornmitted.ARTICLE XLIII.The United States promise and agree that no whiteperson except officers, agents and employes of the government,and of any internal improvement company, orpersons traveling through, or temporarily sojourning in,the said nations, or either of them, shall be permitted togo into said territory, unless formally incorporated andnaturalized by the joint action of the authorities of bothnations into one of the said nations of Choctaws andChickasaws, according to their laws, customs, or usages;but this article is not to be construed to affect partiesheretofore adopted. or to prevent the employment temporarilyof white persons who are teachers, mechanics,or skilled in agriculture, or to prevent the legislative authoritiesof the respective nations from authorizing suchworks of internal improvement as they may deem essentialto the welfare and prosperity of the community, orbe taken to interfere with or invalidate any action whichhas heretofore been had in this connection by either ofthe said nations.ARTICLE XLIV.Post offices shall be established and maintained bythe United States at convenient places in the Choctawand Chickasaw nations, to and from which the mail shallbe carried at reasonable intervals, at the rate of postageprevailing in the Lnited States.ARTICLE XLV.All the rights, privileges and immunities heretoforepossessed by said nations or individuals thereof, or to•st)which they were entitled under the treaties and legislationheretofore made and had in connection with them,shall be, and are hereby declared to be, in full force, sofar as they are consistent with the provisions of thistreaty.ARTICLE XLVI.Of the moneys stipulated to he paid to the Choctaws and Chickasaws, under this treaty for the cessionof the leased district, and the admission of the KansasIndians among them, the sum of one hundred and fiftythousand dollars shall be advanced and paid to theChoctaws, and fifty thousand dollars to the Chickasawsthrough their respective treasurers, as soon as practicableafter the ratification of this treaty, to be paid out ofsaid moneys or any other moneys of said nations in thehands of the United States ; the residue, not affected byany provision of this treaty, to remain in the treasury ofthe United States at an annual interest of five per cent.no part of which shall be paid out as annuity, but shallbe annually paid to the treasurer of said nations, respectively,to be regularly and judiciously applied, under thedirection of their respective legislative councils, to thesupport of their government, the purposes of education,and such other objects as may be best calculated to promoteand advance the welfare and happiness of saidnations and their people respectively.ARTICLE XLVII.As soon as practicable after the lands shall havebeen surveyed and assigned to the Choctaws and Chickasawsin severalty, as herein provided, upon applicationof their respective legislative councils, and with theassent of the president of the United States, all the annuitiesand funds invested and held in trust by the United

76 TREATY OF 1866. TREATY OF 1866. 77States for the benefit of said nations, respectively, shallbe capitalized or converted into money, as the ease maybe; and the aggregate amounts thereof belonging to eachnation shall be equally divided and paid per capita tothe individuals thereof respectively, to aid and assistthem in improving their homesteads and increasing oracquiring flocks and herds, and thus encourage them tomake proper efforts to maintain successfully the new relationswhich the holding of their lands in severalty willinvolve: Provided, nevertheless, that there shall be retainedby the United States such sum as the presidentshall deem sufficient of the said moneys to be invested,that the interest thereon may be sufficient to defray theexpenses of the government of said nations respectively,together with a judicious system of education, untilthese objects can be provided for by a proper system oftaxation; and whenever this shall be done to the satisfactionof the president of the United States, the moneysso retained shall be divided in the manner and for thepurpose above mentioned.ARTICLE XLVIII.Immediately after the ratification of this treaty thereshall be paid, out of the funds of the Choctaws andChickasaws in the hands of the United States, twenty—five thousand dollars to elle Choctaw and twenty-fivethousand dollars to the Chickasaw commissioners, to enablethem to discharge obligations incurred by them forvarious incidental and other expenses to which they havebeen subjected, and for which they are now indebted.ARTICLE XLIX.And it is further apTeed that a commission, to consistof a person or persons to be appointed by the presidentof the United States, not exceeding three, shall beappointed immediately on the ratification of this treaty,who shall take into consideration and determine theclaim of such Choctaws and Chickasaws as allege thatthey have been driven during the late rebellion fromtheir homes in the Choctaw [and Chickasaw] nations onaccount of their adhesion to the United States, for damages,with power to make such award as may be consistentwith equity and good conscience, taking intoview all circumstances, whose report, when ratified bythe secretary of the interior, shall be final, and authorizethe payment of the amount from any money of saidnations in the hands of the United States as the saidcommission may award.ARTICLE L.Whereas Joseph G. Heald and Reuben Wright, ofMassachusetts, were licensed traders in the Choctawcountry at the commencement of the rebellion, and claimto have sustained large losses on account of said rebellion,by the use of their property by said nation, andthat large sums of money are due them for goods andproperty taken, or sold to members of the said nation,and money advanced to said nation; and whereas otherloyal citizens of the United States may have just claimsof the same character; It is hereby agreed and stipulatedthat the commission provided for in the precedingarticle shall investigate said claims, and fully examinethe same; and such sum or sums of money as shall bythe repo' t of said commission, approved by the secretaryof the interior, be found due to such persons, not exceedingninety thousand dollars, shall be paid by theUnited States to the persons entitled thereto, out of anymoney belonging to said nation in the possession of theUnited States: Provided, that no claim for goods orproperty of any kind shall be allowed or paid, in whole

1 8 TREATY OF 1866.or part, which shall have been used by said nation orany member thereof in aid of the rebellion, with the consentof said claimants: Provided also that if the aggregateof said claims thus allowed and approved shall exceedsaid sum of ninety thousand dollars, then that sumshall be applied pro rata in payment of the claims so allowed.ARTICLE LI.It is further agreed that all treaties and parts oftreaties inconsistent herewith be, and the same are hereby,declared null and void.Proclaimed July 10, 1866.In testimony whereof, the said Dennis N. Cooley,Elijah Sells, and E. S. Parker, commissioners in behalfof the United States, and the said commissioners on behalfof the Choctaw and Chickasaw nations, have hereuntoset their hands and seals, the day and year firstabove writtenD. N. COOLEY, (seal.)Comm'r Indian Affairs.ELIJAH SELLS, (seal.)Sup't Indian Affairs.E. S. PARKER, (seal.)Special Comm'r.Commissioners for United States.ALFRED WADE, (seal.)ALLEN WRIGHT, (seal.)JAMES REILY, (seal.)JOHN PAGE,(seal.)Choctaw Commissioners.CAMPBELL LE FLORE. Secretary."TREATY OF 1866. 79WINCHESTER COLBERT, (seal.)Governor Chickasaw Nation.EDMUND PICKENS, (seal.)HOLMES COLBERT, (seal.)COLBERT CARTER, (seal.)ROBERT H. LOVE, (seal.)Chickasaw Commissioners.E. S. MITCHELL, Secretary.Signed, sealed and delivered in the presence of—JOHN H. B. LATROBE,P. P. PITCHLYNN,Principal Chief Choctaw Nation.DOUGLAS H. COOPER,J. HARLAN,U. S. Indian Agent for Cherokees.CHAS. E. MIX,Chief Clerk Indian Bureau.And whereas, the said treaty having been submittedto the Senate of the United States for its constitutionalaction thereon, the Senate did, on the twenty-eighth ofJune, one thousand eight hundred and sixty-six, adviseand consent to the ratification of the same, by a resolution,with amendments, in the words and figures following,to-witIN EXECUTIVE SESSION,SENATE OF THE UNITED STATES. }June 28, 1866.Resolved, (two thirds of the Senators present concurring),That the Senate advise and consent to the ratificationof the articles of agreement and convention betweenthe United States and the Choctaw and ChickasawNations of Indians, made and concluded at the city ofWashington, the twenty-eighth day of April, in theyear eighteen hundred sixty-six, by Dennis N. Cooley,

TREATY OF 1866. 81 ,80TREATY OF 1866.Elijah Sells, and E. S. Parker, Special Commissioners onthe part of the United States; and Alfred Wade, AllenWright, James Riley, and John Page, Commissionerson the part of the Choctaws; and Winchester Colbert,Edmund Pickens, Holmes Colbert, Colbert Carter andRobert H. Love, Commissioners on the part of theChickasaws, with the followingAMENDMENTS.1st. At the end of Article 5 add the following:The people of the Choctaw and Chickasaw nationsstipulate and agree to deliver up to any duly authorizedagent of the United States all public property in theirpossession which belong(s) to the late so-called "ConfederateStates of America," or the United States, withoutany reservation wha(t)soever, particularly ordnance,ordnance stores, and arms of all kinds.2d. Article 9, lines 4 and 5, strike out the wordscluding any errors which may have accrued."3d. Article 39, lines 1, 2, and 3, strike out the following:"Be licensed to trade with the Choctaws orChickasaws, except by the agent, with the advice andconsent," and insert in lieu thereof : "No person shallexpose goods or other articles for sale as a trader withouta permit."4th. Strike out article 42, and insert in lieu thereofthe following as a substitute: "The Choctaw and Chickasawnations shall deliver up persons accused of crimeagainst the United States who may be found within theirrespective limits on the requisition of the governor ofany state, for a crime committed against the laws of saidstate, and upon the requisition of the judge of the districtcourt of the United States for the district withinwhich the crime was committed."5th. Article 46, line 13, strike out the words "notless than."6th. Article 49, line 3, after the words "United.States" insert: "not exceeding three."7th. Article [50], line 11, to and including line 15,strike out the following words: "That the President ofthe United States shall, within three months from theratification of this treaty, appoint a commission to consistof one or more discreet persons," and insert in lieuthereof : "that the commission provided for in the precedingarticle shall."Attest: J. W. FORNEY,Secretary.And whereas the foregoing amendments having beenfully explained and interpreted to the respective commissionersof the Choctaw and Chickasaw nations of Indiansherein before named, they did, on the second dayof July, one thousand eight hundred and sixty six, givetheir free and voluntary assent to said amendments, inthe words and figures following, to-wit:Whereas, the Senate of the United States did, onthe 28th day of June, A. D. 1866, advise and consent tothe ratification of the articles of agreement and conventionbetween the United States and the Choctaw andChickasaw nations of Indians, made and concluded atthe city of Washington the twenty-eighth day of Aprilin the year eighteen hundred and sixty-six, by DennisN. Cooley, Elijah Sells, and E. S. Parker,special commissioners on the part of theUnited States; and Alfred Wade, Allen Wright,.James Riley and John Page, commissioners on the partof the Choctaws ; and Winchester Colbert, EdmundPickens, Homes Colbert, Colbert Carter, and Robert H.Love. commissioners on the part of the Chickasaws,with, the following6AMP,

82 TREATY OF 186g.AMENDMENTS, TO-WIT:1st. At the end of Article 5, add the following:The people of the Choctaw and Chickasaw nationsstipulate and agree to deliver up to any duly authorizedagent of the United States, all public property in theirpossession which belong to the late so-called "ConfederateStates of America," or the United States, withoutany reservation whatsoever, particularly ordnance,ordnance stores, and arms of all kinds.2d. Article 9, lines 4 and 5, strike out the words,"including any arrears which may have accrued."3d. Article 39, lines 1, 2 and 3, strike out the following:"Be licensed to trade with the Choctaws or Chickasawsexcept by the agent, with the advice and consent,"and insert in lieu thereof : No person shall expose goodsor other articles for sale as a trader without a permit.4th. Strike out Article 42, and insert in lieu thereofthe following as a substituteThe Choctaw and Chickasaw nations shall deliverup persons accused of crime against the United States,who may be found within their respective limits, on therequisition of the governor of any state for a crime committedagainst the laws of said state, and upon the requisitionof the judge of the district court of the UnitedStates, for the district within which the crime was committed.5th. Article 46, line 13, strike out the words, "notless than"6th. Article 49, line 3, after the word "UnitedStates" insert "not exceeding three."7th. Article 50, lines 11, to and including line 15,strike out the following words : " That the president ofthe United States, shall, within three months from the1TREATY OF 1866. 83ratification of this treaty, appoint a commission, to consistof one or more discreet persons," and insert, in lieuthereof, that the commission provided for in the precedingarticle shall.Now, therefore, we, the commissioners on the partof the said Choctaws and Chickasaws, do hereby assentand agree to the said amendments above written, thesame having been interpreted to us, and being fullyunderstood by us.Witness our hands and seals, this 2d day of July,A. D. 1866, at Washington, D. C.ALFRED WADE. (seal.)ALLEN WRIGHT, (seal.)JAMES RILEY, (seal.)JOHN PAGE, (seal.)Choctaw Commissioners.WINCHESTER COLBERT, (seal.)hisEDMUND PICKENS, (seal.)mark.HOLMES COLBERT, (seal.)COLBERT CARTER, (seal.)ROBERT H. LOVE, (seal.)Chickasaw Commissioners.In presence of JOHN H. B. LATROBE,CHARLES E. MIX,P. P. PITCHLYNN,Principal Chief Choctaw Nation.DOUGLASS H. COOPER,ALFRED H. JACKSON,W. R. IRWIN,LEWIS S_ HAYDEN,E. S. MITCHELL,Secretary Chickasaw Commission.

84 TREATY OF 1866.Now, therefore, be it known, that I, Andrew Johnson,president of the United States of America, do, in pursuanceof the advice and consent of the senate, as expressedin its resolution of the twenty-eight day of June, onethousand eight hundred and sixty-six, accept, ratify andconfirm the said treaty, with the amendments as aforesaid..In testimony whereof, I have signed my name, andhave caused the seal of the United States to be heretoaffixed.Done at the City of Washington, thistenth day of July, in the year of our Lord, onethousand eight hundred and sixty-six, and of[SEAL.] the Independence of the United States ofAmerica the ninety-first.ANDREW JOHNSON.By the President:WILLIAM H. SEWARD,Secretary of State.LAWSOF THECHOCTAW ATION.EXECUTIVE DEPARTMENT.SECTION I.PRINCIPAL CHIEF.1. Be it enacted by the general council of the Choctawnation assembled : The principal chief of the Choctawnation shall have power to remove from office anynational, district or county officer, for the causes andunder the restrictions following, to-wit In case thesecurities, or either of them of any national, district orcounty officer, who may be required to give bond andsecurity for the faithful performance of his duty, by anylaw of this nation, shall remove his or their residenceout of this nation permanently, or shall become insolvent,or shall be convicted of a violation of any the provisionsof an act entitled, " An act to prevent the use ofintoxicating liquors in the Choctaw nation," it shall bethe duty of the principal chief, on satisfactory informationof any such removal or insolvency, to notify suchofficer to appear before him, at a day and place thereinnamed, within twenty days thereafter, to give a newbond, with other good and sufficient security, in a penaltyequal to that of the former bond, with the like con-

-86 LAWS OF THE CHOCTAW NATION.dition. And if such officer shall neglect or refuse to doso, or if, on satisfactory showing of his condition asaforesaid, the principal chief shall forthwith vacate hiscommission, and the vacancy shall be supplied as theconstitution prescribes, and if any national, district orcounty officer shall be found by inquest, according tolaw, an idiot, lunatic or non compos mentis, during thetime for which he is elected or appointed, or shall, duringsuch time, be found, by the verdict of a jury, guiltyof any felony, infamous crime, corruption or peculationin office, or gambling with public money of the nation,which may have come into his band by virtue of hisoffice, the commission of every such officer shall bedeemed and held to be vacated, and such vacancy shallbe supplied as the constitution provides.2. The principal chief shall, at stated times, requireinformation, in writing, from all officers in the executivedepartment, on any subject relating to their duties, andembody such parts of the same as are of public concernin his communication to the general council, to be madefrom time to time. He shall have the superintendenceof the officers of national treasurer and national auditor,during the recess of the general council, and be shalltake care that they respectively perform the dutiesrequired of them by law, without fraud, partiality ordelay: and if it shall satisfactorily appear to him at anytime that the money or other property of the nation inthe treasury has been misapplied, wasted or embezzled,be shall direct the national attorney, or district attorney,to proceed according to law, against such defaulteron his or their bonds. Ile shall have full power andauthority, whenever he may think the public interestrequires it, to make a personal inspection of all thebooks, vouchers and other official papers in the offices ofthe national auditor and national treasurer, and to countEXECUTIVE DEPARTMENT.87the moneys in the treasury, and if he shall discover, orhave cause to suspect any embezzlement, peculation,defalcation or frauds to have been committed or perpetratedin either of these departments of the government,he shall forthwith apply to the circuit judge for a warrant,to arrest the officer in whose office such embezzlement,peculation, defalcation or fraud shall have beencommitted or suspected to have been committed. Andit shall be the duty of such judge to grant the said warrantor other process, and to have such officer arrestedand brought before him for trial and examination. Andif the said judge shall certify that after a full and perfectexamination of all the facts in the case there is probablyground to believe that said officer has been guiltyof some embezzlement, defalcation, peculation or fraud,then the principal chief shall suspend the said auditoror treasurer, as the case may be, from the further exerciseof his official duties, and to make a temporary appointmentto fill his place until the court shall determinethat said officer was improperly removed or suspended,or that the same was done without a sufficient cause; orif the national treasurer's or national auditor's reportsare not accepted by the general council on account ofany errors or otherwise, the principal chief is herebyauthorized and required to suspend said officer or officersfor the time being, or during the term they were elected,and appoint some competent person to fill such vacancy;and the person so appointed and commissioned shalltake the oath of office, give bond and report his officialdoings in every respect as if elected, and in accordancewith the law defining the duties of the national treasurerand national auditor, and fixing their salaries; and theperson appointed to fill such vacancy shall receive thesame pay as is allowed by law to a regularly electednational treasurer or national auditor, and the officer

_88 LAwsioF THE CHOCTAW NATION. EXECUTIVE DEPARTMENT. 89suspended shall not receive any salary for the time beingor for the term he may be suspended.3. The principal chief shall not appoint any one toact as delegate, commissioner, agent or attorney, in anycapacity whatever, for this nation, except the appointeeis a legal citizen of the nation, and is and has been a residentof the same for the last three consecutive yearsprevious to his or their appointment.4. The:principal chief is hereby authorized to appointsome:competent person to be his private secretarywith a salary of five hundred dollars per annum, payablequarterly upon the certificate of the principal chief,whose duty it shall be to do such writing and officialbusiness as the principal chief may require, and whoseterm of office shall not be longer than the appointingprincipal chief, unless re-appointed,5. The principal chief of this nation shall receivefor his services the sum of two thousand dollars a year,payable:quarterly, from the date of his installation, outof the treasury of the nation, upon his written order atsuch times, and the national auditor shall issue his warranttherefor, and the national treasurer shall pay thesame; and a sum not exceeding four hundred dollarsshall be annually appropriated for the use of the executivedepartment of the government for, the contingentexpenses thereof, to be accounted for by the principalchief to the general council at each session thereof; andit shall be the duty of the national auditor, from time totime, on the written order of the principal chief, statingthe uses of any sum of money for contingent purposes,to issue his warrant on the treasury of the nation therefor.SECTION II. APPROVED C T 1C38.DISTRICT CHIEFS.1. Be it enacted by the general council of the Chocqualifiedvoters of the Choctaw nation, at the time andin the manner prescribed by the constitution, districtchiefs in each district of this nation, who shall be commissionedby the principal chief, and shall continue inthe office for the term of two years from the time of havingbeen qualified unless sooner removed, and until theirsuccessors be duly qualified; and before they enter uponthe discharge of their official duties, they shall take theoath prescribed in the constitution before the principalchief or any judge of the supreme, circuit or countycourts of the nation.2. Each district chief within his district shall be ageneral conservator of the peace, and shall see that thelaws are faithfully executed by the proper officers, especiallyan act to prevent the introduction and use of intoxicatingliquors in the Choctaw nation, and report tothe principal chief for the information of the generalcouncil, any failures occurring therein ; and shall recommendto him from time to time any matter for the generalgood, and when the principal chief shall deem itproper and expedient, and shall give them written noticeof the time and place of meeting, they shall compose anexecutive council to furnish any desired information rerespectingtheir several districts ; but said district chiefsshall in no manner interfere with the proper exercise ofthe duties prescribed by law of any officers of the nation.3. Each district chief of the nation shall attend thecircuit courts of his own district, and address the peopleon the importance of obeying and enforcing the law,and maintaining good order throughout the nation, andadvocate the practice of temperance, industry and morality;and their salaries shall be fifty dollars each perannum, payable semi-annually on the certificate of thethe circuitjudges at the terms of the circuit courts ; but

EXECUTIVE DEPARTMENT. 9190 LAWS OF THE CHOCTAW NATION.dance at the said courts, to address the people as requiredof him by . law, the circuit judge is hereby requiredto appoint - Some suitable person to perform theduties incumbent upon the district chief, and shall givethe person performing the duties, a certificate for thesum of ten dollars, to be deducted from the pay of thedistrict chief so failing.APPROVED C -;1- , 30, 1881SECTION III.NATIONAL SECRETARY.1. Be it enacted by the general council of the Choctawnation assembled: It shall be the duty of the nationalsecretary to take charge of and safely. keep in hisoffice the journals, papers, documents and proceedings ofboth houses of the general council during the recessthereof, and the secretary of the senate and the clerk ofthe house of representatives shall deliver to him, itnmediatelyon the adjournment of the general council everydocument and paper in anywise appertaining to thesame. The national secretary shall also collect togetherand take charge of all books, papers, documents, journalsof both houses of the general council, and shall carefullypreserve the official books, public library, papers,records and furniture belonging to the archives of theChoctaw nation. He shall keep a register of all theofficial acts of the principal chief, and shall, when required,lay the same and all papers, minutes and vouchers,relative thereto, before the general council; and shallperform such other duties as shall from time to time berequired of him by law; he shall keep and preserve thereturns of all elections held in this nation, and lay thesame and all other official documents relating theretobefore the general council when required; and he shallreceive for his annual salary, in quarterly payments,after the same shall have been audited according to law,the sum of six hundred dollars.2. The national secretary shall be required to enterinto bond with two or more good and sufficient securities,to be approved of by the principal chief, in thepenalty /of twenty thousand dollars, payable to theprincipal chief of the Choctaw nation (by name for thetime being) and his successors in office; conditional that,"he shall from time to time, and at all times, produceany document or other property of the nation that is ormay be placed in his custody for safe keeping, whenthereto required by the general council or principalchief, and shall at the expiration of his term of officedeliver over to his successor in office all documents, instrumentsof writing, papers or books which shall bemade, done or committed to him or by him, or by anyperson or persons by him employed in his office, thenthis obligation to be void, otherwise to be and remain infull force and virtue ;" and if the principal chief approvethe bond he shall endorse his approval oh the same.The national secretary shall procure a well-bound bookand enter therein all documents and instruments ofwriting in his care, which may be submitted to him bythe general council, principal chief or from any othersource for safe keeping ; the same being necessary to befiled in his office ; and each package to be distinctlymarked for easy reference.3. The national secretary shall, upon applicationof any person or persons, make out a correct copy orcopies of any act or acts of the general council, andcertify the same to be correct in his official capacity, andshall be entitled to receive for the same six cents forevery hundred words thereof ; and whenever any personshall desire a certificate under the seal of this nation, ofofficial character, of any judge, or other officer of this

92 LAWS OF THE CHOCTAW NATION.nation, it shall be the duty of the national secretary tofurnish the same, under the seal of the nation, signed bythe principal chief, and countersigned by himself, andfor every such certificate so issued, the national secretarymay be entitled to demand and receive from theperson desiring the same, fifty cents, out of which heshall defray all expenses attending the same.4. It shall be the duty of the national secretary, assoon as practicable after each session of the generalcouncil, to have enough copies of all the acts, resolutithts,treasurer and auditor's report of each session thereof respectivelyprinted and published in substantial pamphletform, on good paper, in both Choctaw and English,to furnish and send one copy of each language to everyofficer of the Choctaw government, and reserve for thenation one dozen copies of each besides, to be depositedin the archives of said nation to meet future contingencies,and then if any surplus copies be left, the said nationalsecretary may dispose of the same on his own personalaccount, and an additional annual compensationof three hundred and fifty dollars is hereby allowed thenational secretary to meet and pay for all additionallabor herein imposed and all expenses contingent orotherwise of his office; said additional annual compensationto be drawn upon his own certificate, upon whichthe national auditor shall issue his warrant, and the nationaltreasurer shall pay the same.5, There is hereby established a permanent annualcontingent fund of fifty dollars, for the use and benefitof the national secretary, to enable him to procure theproper amount of stationery for his own, to be paid outof any money in the treasury not otherwise appropriated,.and the auditor is hereby directed to issue his warrantin favor of the national secretary for that amount, and.the treasurer to pay the same.MOVED l33EXECUTIVE DEPARTMENT.ARTICLE IV.NATIONAL TREASURER.Be it enacted by the general council of the Choctawnation assembled.1. Before the national treasurer shall enter uponthe discharge of his official duties, he shall take the oathprescribed in the constitution before some judge of thesupreme, circuit or county courts of the Choctaw nation,and enter into bond with two or more good and sufficientsecurities, to be approved by the principal chief, in thepenalty of twenty thousand dollars, payable to the principalchief of the nation by name, for the time being andhis successors in office, conditioned as in the followingform, to-wit: "The condition of the above obligation issuch that whereas the above bound was on the —day of —, one thousand eight hundred and —, dulyelected as the constitution prescribes, the treasurer ofthe Choctaw nation for the constitutional term of twoyears, front the date of this bond and his oath of office,herein written. Now, therefore, if the said shallfrom time to time, and at all times, render a just andtrue account to the general council of the Choctaw nation,when by them thereto required, of all moneys, securitiesand other property of the said nation, which shallcome into his hands or be committed to:his charge, anddeliver the moneys, securities and other property of thesaid nation, in his hands at the expiration of his term ofoffice, together with all documents, instruments of writ •ing, papers or books, which shall be made, done or cornnuttedby him, or by any person or persons by him employedin said office, then this obligation to be void,otherwise to be and remain in full force and virtue,"which boād shall be submitted to the principal chief andhis approbation of the securities therein named shall beendorsed thereon, as also the oath of office written and93

94LAWS OF THE CHOCTAW NATION.certified by the person administering the same, with theproper date, which bond so approved and prepared shallbe deposited in the office of the national secretary, thereto be recorded and safely kept and preserved, and thesaid bond shall not be void on the first recovery, but maybe put in suit and prosecuted on from time to time, atthe cost and charges of any party injured, until thewhole amount of the penalty thereof shall have been secured,and an authenticated copy of the said bond shallbe received in evidence in any court of law or equity inthis nation, and shall be as authentic and valid, as matterof evidence as the original would b e if it were producedin court ; and no commission shall issue to the nationaltreasurer elect until bond and security be given,approved of and deposited in the office of the nationalsecretary, as herein before required, and if the same nationaltreasurer elected shall refuse to enter into bondand security as aforesaid, after he shall have been dulyelected and informed thereof officially, such election ishereby declared to be absolutely null and void, and thevacancy occasioned thereby shall be immediately filledin such manner as provided in the constitution.2. It shall be the duty of the national treasurer toreceive and keep the moneys of the nation, to disbursethe same agreeably to law, and take receipts or vouchersfor all moneys which he shall disburse; he shall keepregular, fair and proper accounts of the receipts and expendituresof the public money; he shall open an accountin his books in the name of the Choctaw nation, in whichaccount he shall enter the amount of all moneys, securitiesand other property in the treasury, which may, atany time be received by him, keeping the receipts anddisbursements for each fiscal year in separate accountsand closing each with the close of said year: he shallalso open an account in the books of the treasury for allEXECUTIVE DEPARTMENT.95appropriations of money made by law, so that the appropriationsof money, and the application thereof; conformeably thereto, may clearly and distinctly appear on thebooks of the treasury; and it shall be the duty of thetreasurer to pay the salaries of all public officers entitledthereto, quarter-yearly, on the auditor's warrant,unless the time of the payment of the same be otherwiseprovided for by law; and he shall, at the commencementof every session of the general council, make to them adetailed report of the receipts and expenditures of thefiscal year, and whenever the revenue is likely to prove• insufficient for the expenditures of the nation, he shallsubjoin to his report such recommendations to the generalcouncil as may, in his opinion, be best suited tosupply the deficiency.3. It shall be the duty of the national treasurer tostate, in the books of the treasury, separately and distinctly,the amount of money received by him on accountof permanent annuities, interest on trust funds,debts, fines, penalties and forfeitures, or on any otheraccount whatsoever, for or in behalf of the nation, andalso on account of the same he shall pay out of the same,so that the net amount of the whole revenue, and everybranch thereof, and the amount of disbursements in paymentof the several demands on the treasury may clearlyand distinctly appear; and it shall also be his duty toexamine whether any auditor's warrant has been issuedagreeable to law, or is signed with the genuine signatureof the auditor, before he shall pay the same, and, aftermaking due examination, if he shall find such warrantto have been duly and properly issued, he shall pay theamount called for by the same to the person entitled to receiveit, taking his or her receipt thereon, and shall makeproper entry in his books of every auditor's warrant,and shall keep the same regularly filed in his office. It

EXECUTIVE DEPARTMENT.LA-WS O TIIE CHOCTAW fN ATION .06 shall be the duty of the national treasurer to furnish tothe principal chief, from time to time,, when tabiaa formthereto , re-ofquired, a full and complete finances, statement and of in the proceedingS rei shall,of the treasn-nationalanditor. The national treasurer shallthe situation the of books publicarid accountsilibiS at reasonable Office; times, be open to the inspection of thealfurnishyear, withthe-monthly during each fisc thnational a list of the al-tailor, receiptswhich theyat thearetreasury,founded,numberedand statingasinewhose namewarrants 01A the several receipts have been 9;iveu,ICtheirnationalmoneys, treasurer except that upon when the such pay disbursement warrant of the is made, n in he hisa \v-rant as legiblepublicrespective duties, amounts and rinnibers, any of and theational t1shall not disburseauditor, shall make an an entry of the date of said illa la.rg,e,"paid" writtenoffice, hand. with across the the WOO. face thereof, and stich warrant shall bea full and sufficient -voucher for the payment of the same, Orwithout the receipt of the person to whom it shall havebeing. given, either -upon said warranta been pai e of every warrant issued by the'otherw ise.national 4. that auditor the paye shall immediately take the same to thenation.al treasurer, whose duty it shall be to countersignto be keptook,rer shalland register the same in a well bound bunin his office for that purpose, in of which warrants, the treasu the amots,note date, particularly and the day the on number which lie countersigned andnot beenreg,is-soter the same, and no warrant d shall which be has transferable orcountersigned and register e duties-receivable for pnblic duties; and every person, or personspaying, warrants or grand jury tickets for publicO the nation, shall endorse liks no name warrant upon such or grand -warrantsji -yutickets hereafter issued shall be received for any publicdues, without the same shall have been so endorsed; andwhen any person shall desire to make any payments duty inauditor's warrants into the treasury, it shall be thebefore issuing his receipt warrantthe authorizing national auditor, such payment, carefully to examine allofsuch warrants, and if he shall have any doubts of thegenuineness of any warrant he shall compare said warrantwith the entries of warrants upon his books andwith the entries made in the disbursement book in thetreasurer's office; and on the back of all such warrantsas he shall judge genuine he shall write the word "genuine,"and underneath he shall sign his name officially,and the national treasurer shall not receive any warrantin payment of public dues unless it shall have said endorsementof the auditor upon the same, and it shall bethe duty of the national treasurer, before he shall receivein payment or grant his receipt to any person, payingsaid warrant into the treasury, to have the same comparedwith the entries on his disbursement book, and if hefind that no warrant has been entered in said book, havingthe same number, bearing date in the same year or-issue to the same person on the same account of expenditure, he shall immediately enter said warrants on saiddisbursement book, and receive them in payment andreceipt for the same, and the treasurer shall not thereafterbe liable for the amount of any said warrants, shouldthey prove to be forgeries or suprious, unless proof bemade that he received them thro-ugh carelessness or withfraudulent or felonious intent, or without compliancewith the provisions of this act; but if the national auditorshall wilfully, corruptly, or with felonious attempt endorsethe word "genuine" and his name upon any suchwarrant, or with a view to commit a fraud upon the treasury,upon conviction thereof before any court of-compe1or grand jury tickets, an

4EXECUTIVE DEPARTMENT.99LAWS OF THE CHOCTAW NATION•98tent jurisdiction, he shall be fined in a sum equal todouble the amount of the warrant so endorsed, and beimprisoned in the nearest jail for not less than six monthsnor more than eighteen months, at the discretion of thecourt, and be forever after disqualified from holding anyhonor in this nation.Oroffice 5. of If profit the national treasurer shall misapply, wasteor embezzle any money, securities or other propertythe treasury, it shall be the duty of the national attorney,or district attorney, in the absence or inability toact of the national attorney, to proceed against such defaultingtreasurer and his securities, for the amount ofmoneys, securities and other property so misapplied,wasted or enxbezzled, by motion in the name of the principalchief of the nation for the time being in the circuitcourt of the county wherein the seat of government issituated, ten days previous notice of such motion beingfirst given to the treasurer and securities ; and the courtmay, on the hearing of such -motion, direct a jury to befor the trial of the issue of the defendants,inquire of damages Or of the defendant or defendants, makeimpaneled instanter either of them, to appear and plead, or todefault, and if on such trial the treasurer be convicted,he and his securities shall be adjudged to pay doubledamages ; end, moreover, such treasurer shall be therebyrendered incapable thereafter of holding any office ofhonor with and under the authority of theprofit Or The national treasurer shall be entitled to receive asn ationa compensation for his services, the sum of six hundreddollars a year payable quarter:yearly out of the nationaltreasury -upon the auditor's warrant issued in a likemanner with -warrants for other officers' salaries.6. The national treasurer shall keep an accountwith each item of the appropriation bills, and shall class.ify the items of said bills under eight heads, (see paragraph3, section 5, of this act), and is hereby requiredto make his annual report to the principal chiefon the first Monday in October of each year, that theprincipal chief may submit the same to the generalcouncil along with his annual message.---SECTION V.NATIONAL AUDITOR.APPROVED 07 31, I8g91. The national auditor before he enters upon theduties of his office shall take and subscribe the oathprescribed in the constitution before some one of thejudges of the supreme, circuit or county courts of thisnation, and enter into bond with two or more good andsufficient securities to be approved by the principalchief, in the penalty of ten thousand dollars, payable tothe principal chief of the nation (for the time being), andhis successor in office conditioned as in the form following,to-wit : The condition of the above obligation issuch that, whereas, the above bound-- was dulyelected as specified in the constitution of the Choctawnation, national auditor of the nation aforesaid, for theterm of two years, from the date of the Commission, ofthe qualification, and oath of office herein written; now,therefore, if the said -- shall faithfully, impartially,and without delay grant and issue his warrant orwarrants on the national treasurer for all such sums ofmoney due and payable by law out of any money in thetreasury not otherwise appropriated, on the applicationof any person or persons lawfully entitled to any suchwarrant or warrants, and shall from time to time, and atall times, render a just and true account of all warrants,in regular order, and all other proceedings in his officeto the general council of the nation when thereunto required,and shall carefully keep and preserve the books,

100 LAWS OF THE CHOCTAW NATION.records, papers and other things belonging to his office,and deliver the same without injury or damage to hissuccessor in office; and further, shall well and truly doand perform all other duties required by law of the nationalauditor during his continuance in office, then thisobligation to be void, otherwise to be and remain in fullforce and virtue; which bond shall be submitted to theprincipal chief, and his approbation of the suretiestherein named endorsed thereon, and the same depositedin the office of the national secretary, there to be recordedand safely kept and preserved therein; and saidbond shall not be void on the first recovery, but may beput in suit and prosecuted on from time to time at thecost and charges of the party injured, until the wholeamount of the penalty thereof be recovered. Wheneverit may become necessary to institute suit on any auditor'sbond, an authenticated copy of the same shall bereceived in evidence in any court in this nation, in thesame manner, and it shall be of the same validity, asevidence, as the original would be if it were present incourt; and 110 commission shall issue to the nationalauditor elect until bond and security be given, approvedand deposited in the office of the national secretary ashereinbefore required; the oath of office shall be writtenupon the bond by the person administering the oath tothe auditor, and if the person elected as auditor fail togive bond and security as aforesaid, after he shall havebeen duly elected and informed thereof officially for thespace of ten days, such election is hereby declared absolutelynull and void, and the vacancy occasioned therebyshall be filled in such manner as prescribed in theconstitution for filling vacancies.2. It shall be the duty of the national auditor toexamine, state, settle and audit all accounts, claims, ordemands whatevey against the nation, arising under anyEXECUTIVE DEPARTMENT. 101act or resolution of the general council, and to grant toevery claimant authorized to receive the same, a warranton the national treasury, under his hand and seal ofoffice, making due entry and register of all .his proceedings in a book to be kept for that purpose, and carefullyarranging, filing and preserving in his office all accounts,receipts, vouchers and papers touching the same ; to examine,settle and audit the accounts for annuities andinterest on trust fund or any other dues of the UnitedStates payable to the national treasurer, and all otheraccounts due and payable to the national treasurer fromany other source provided by law; to call upon all suchdebtors to render accounts and pay into the treasury allsums and all balances due, and on failure to do so, ifthe debtor be the government of the United States, to usethe best means to ensure the early paymept thereofand if the debtors be citizens of the nation, to instituteproceedings against them according to law ; to state andkeep the accounts so as to show the amounts of all warrantsdrawn by him on the treasurer, and for what serviceor articles of public expenses they were given : andto lay before the general council and principal chief,when thereto required, the general accounts, togetherwith an account of all balances due to and from the nation,with a full and complete statement of the situationof the public finances and of the proceedings of hisoffice ; and shall, with the approbation of the principalchief, purchase all needful supplies of books and stationery and fuel for the general council and nationalofficers, and issue his warrants on the treasury for theamount of such purchases in favor of the persons fromwhom such purchases shall be made ; provided, theyshall not exceed the sum of two hundred dollars in anyone year, and shall file the receipts of the persons forwhom such purchases are made as vouchers in his office;

102 LAWS OF' THE CHOCTAW NATION. EXECUTIVE DEPARTMENT.103and make a detailed report of the purchases made byhim as aforesaid, and the prices at which they weremade.3. Each fiscal year shall close with the 31st day ofJuly of that year, and no certificate shall be given byany officer who is authorized to make certificates, whichwill connect one fiscal year with another, or lap one fiscalyear onto another, and the auditor is hereby instructedto make no warrants which will so lap or connectthe fiscal years into one another; and the auditor isfurther directed and authorized to return any and all certificatesnot made in accordance hereto, to the personpresenting the same, to have said certificates or certificatemade to conform to the requirements of this act,else the auditor shall not issue on the same; and saidauditor shall open an account with each item of the appropriationbills, and shall classify the items of saidbills under eight heads, viz:First. Principal chief and his cabinet, nationallighthorsemen, clerk of the supreme court, sheriff for attendingsupreme court, and the contingent funds of theauditor and principal chief.Second. Supreme and circuit judges, superintendentof public schools, district trustees, district chiefs anddistrict attorneys.Third. County judges and clerks.Fourth. Sheriffs and circuit clerks.Fifth. Election judges and clerks.Sixth. Jurors and sheriffs for attending circuitcourts.Seventh. School fund.Eighth. Expenses of the general council.And all other items shall be classed under the generalhead of "Miscellaneous;" and the auditor shall numberhis warrants under each warrant from one (1) up tothe maximum, in each fiscal year. All certificates ofnational indebtedness issued in each quarter of the fiscalyear shall be presented to the auditor for his warrantthereon, within one month after the expiration ofthat quarter. All clerks of courts shall, within threedays from the adjournment of their respective courtterms, make out certified abstracts of all national certificates,and forward the same immediately by mail orotherwise, to the auditor, in order that the auditor mayhave the same by which to prove the original certificatesas they are presented; and the auditor is hereby requiredto make his annual report to the principal chief on thefirst Monday in October of each year, that the principalchief may submit the same to the general council alongwith his annual message., 4. All warrants drawn by the national auditorupon the national treasury, shall express by referencesto some one general head of expenditure the cause forwhich they were drawn, and when the said warrants aredrawn for sums chargeable upon the revenue of a differentyear from out of which they are paid the sumshall be expressed , and all certificates or receipt warrantsto the treasury, to receive any money due to thetreasury, shall express upon the face thereof the particularhead of general revenue on account of whichsuch sum is due, and when the sum is due for therevenue of the past year, that, also, shall be expressedupon the face of such certificate or receipt warrant. Allwarrants issued by the auditor shall be made payableto order, and shall be negotiable by endorsement andnot otherwise.5. The national auditor shall not issue any warrantupon any allowance made to, or claim in favor of anyperson, his agent or assignee, who may be a debtor tothe nation, against whom the money shall be due or

-104 LAWS OF THE CHOCTAW NATION.balance existing in favor of the nation, but he shall allowsuch debtor a credit on his account for such allowanceor claim, and it shall be his duty to furnish thenational treasurer monthly with an account of all warrantson the treasury which he shall have issued duringthe preceding month.6. The national auditor shall be entitled to receiveas a compensation for his services the sum of six hundreddollars a year, payable quarter-yearly, out of thenational treasury, from the date of the execution of hisbond and its approval by the principal chief. He shallmake out his account for each quarter's salary, and receivethe approbation of the national secretary thereonin writing, and shall file the same as a voucher for thewarrant he shall issue in his own favor, placing his ownreceipt on said voucher as in other cases.APPROVED 031. 33 1 1888,ARTICLE VI.NATIONAL ATTORNEY.1. Be it enacted by the general council of the Choctawnation assembled : Shall, before he entersupon the duties of his office, take and subscribethe oath of office prescribed in theconstitution, which oath shall be administered by theprincipal chief of the nation, any judge of the supreme,circuit or county courts, and certified on his commission;and the national attorney shall be of council for the nationin all cases whatever triable and determinable in thesupreme court of the nation, and it shall be his duty to.attend the supreme courts at each term thereof, and toappear and prosecute for the nation in all criminal prosecutions,and in all civil cases in which the nation orany county thereof may be interested : provided, that ifthe national attorney fail to attend at any term of the-EXECUTIVE DEPARTMENT. 105supreme court, the said supreme court is hereby authorizedto employ some attorney to act for the nation in theplace of said national attorney, and the attorney so employedshall for his services be paid by the national attorneysuch sum as shall be allowed by the supremecourt, not in one case to exceed one-fourth par t of theannual salary of said national attorney, and all accountsof a public nature properly coming before the supremecourt for allowance shall be presented to the nationalattorney, and his opinion thereon obtained, in writing ifnecessary, and it shall also be his duty to give his opinionin writing in all cases touching the public interestwhen thereunto required by the principal chief of thenation. He shall, also, at the request of the national auditorand national treasurer, or either of them, give hisopinion in writing upon all cases concerning the revenueor expenses of the nation ; and it shall be the duty ofthe national attorney, whenever he may be requested. togive his opinion in writing to any district attorney uponany cause then pending in which the nation may be interested,and which may be necessary for such districtattorney to prosecute and defend.2. If the national attorney shall in any manner consult,counsel, advise, or defend a person within this nationcharged with any crime or misdemeanor, or breachof any penal statute, said national attorney so offendingshall, on conviction thereof in any court of competentjurisdiction, be fined in a sum not exceeding two hundreddollars, and shall, moreover, be removed fromoffice, and be rendered incapable thereafter of filling anyoffice of profit or honor in this nation.3. The national attorney shall be en titled to receive,as a compensation for his services, the sum of fourhundred dollars a year, payable quarter-yearly, out ofthe national treasury, upon the issuance of the national

106 LAWS OF THE CHOCTAW NATION.auditor's warrant, in like manner with other officers' salaries.APPROVED 181sti,SECTION VII.NATIONAL AGENT.1. Be it enacted by the general council of the Choctawnation assembled : There shall be appointed bythe principal chief, by and with the advice and consentof the senate, one competent person, a citizen of said nation,to be known as national agent of the Choctaw nationwhose duty it shall be to contract for the sale ofstone, stone coal and timber of all kinds. Said nationalagent shall be commissioned, and before he enters uponthe duties of his office shall take the oath of office prescribedin the constitution, and enter into bond withgood and sufficient securities in the penal sum of tenthousand dollars, payable to the Choctaw nation, conditionedthat he will well and truly discharge his dutiesin accordance with law; which bond shall be filed in thenational secretary's office. Said national agent shallhold his office for two years unless sooner removed bythe principal chief for malfeasance in office.2. Said national agent in making contracts withparties for the sale of any of the :articles herein mentioned,shall charge royalty, as follows:On salt, 25 cents per barrel of 240 pounds.On coal, one-half cent per bushel.On stone, ten cents per cubic yard.On walnut timber, $5.00 per thousand feet.On cypress timber, $3.00 per thousand feet.On ash timber, $2.00 per thousand feet.On oak and pine timber, $1.00 per thousand feet.On cottonwood timber, 75 cents per thousand feet.EXECUTIVE DEPARTMENT. 107TELEGRAPH POLES.Cedar, 4 to 5 inch deep, 8 to 10 inch bottom, 26 feetlong, 40 cents each.Cedar, 6 inch top, 12 inch bottom, 26 feet long, 50cents each.Oak, 6 inch top, 12 inch bottom 26 feet long, 25 centseach.Oak, 4 to 5 inch top, 8 to 10 inch bottom, 26 feet long,20 cents rach.Piling—Cedar, '2 1-2 cents per foot, running measure.Piling—Oak, 1 cent per foot. running measure.RAILROAD CROSS TIES-(BRIDGE, HEWN OR SAWED.)Oak (post, burr, white, red and black), and pine 7 1-2cents each.Cedar, bois d'arc, walnut, mulberry, sassafras andred or slippery elm, 25 cents each.Black locust and coffee bean, 12 1-2 cents each.RAILROAD SWITCH TIES.Oak (post, white and burr), 25 cents each; oak (redand black), 15 cents each; pine, 10 cents each.Tan bark, 75 cents for every tree peeled.Cord wood, 20 cents per cord.Shingles—Pine, 25 cents per thousand; cypress 30cents per thousand.The above royalty on timber, shingles and tan-barkshall be due and payable on all manufactured in theChoctaw nation ; and any other timber not mentionedabove the national agent is authorized to make contractsfor, on the best terms obtainable, by and with the consentof the principal chief ; and all timber contracted bythe national agent, to be measured by scale measurement,shall be measured according to Doyle's rule ofScribner's book, and the royalty collected accordingly ;

•,EXECUTIVE DEPARTMENT.109108-LAWS OE THE CHOCTAW NATION.that the national agent is hereby instructedto make all contracts for furnishing ties to rail-provided ,however,roads with Choctaw citizens exclusively. All contractsmade hereunder shall expire on the 31st day of Decemberof each year, except contracts for mining coal andquarrying stone, which shall cover a period of six years;and all royalty aCCalillg, under the same shall be dueand payable monthly.3. The national agent shall not sell any timber orstone on any citizen's claim exceptthatbyallthetheconsentroyaltyofprovided, however,sucharisingcitizenfrom;the sale of either, whether taken from theclaims of individuals or from the public domain, shallbe turned into the national treasury.4. Before contracting with parties who are noncitizens,the national agent shall require them to enterinto good bonds of ten thousand dollars to the UnitedStales to be approved by the United States commissionerof Indian affairs, and conditioned upon their faithfulcompliance with their contracts, and all contracts hereinprovided for shall be executed in accordance with section2103 United States Revised Statutes ; and no noncitizenshall engage in any business contemplated bythis act, except a contract be first made with the nationalagent, and a permit be also obtained according to thelaws of the Choctaw nation.5. No Choctaw citizen shall engage in any businesscontemplated by this act until they have first made contractswith the national agent in accordance with the law,and shall have made good and sufficient bonds to theChoctaw nation in the penal sum of five thousand dollars,to be approved by the national agent, and sent by saidnational agent to the national secretary's office for file ;said bond to be conditioned upon the faithful complianceof said citizens with said contracts. All violatorsof this law shall be fined not less than two hundred andfifty dollars nor more than five hundred dollars in thediscretion of the circuit court having jurisdiction, andupon the failure of said offenders to pay their fines inthirty days, they shall each receive thirty-nine lashes onthe bare back, and be discharged from further obligationsin the particular case ; and district attorneys shallprosecute all persons indicted under this act, and if thefines are collected said district attorneys shall receiveone-tenth of the same for their services, and the balance sshall be placed in the national treasury for public purposes.6. The national agent shall have general supervisionof the offices of inspector, district collectors and coalweighers, and for that purpose he is hereby required tomake frequent visits of inspection to the stations of the• several coal weighers, and see that, their duties are properlyperformed ; and if in his opinion a necessity thereforexists,to require the presence of the inspector and districtcollector at his office for explanations of their officialacts, and the inspector and district collectors shall makequarterly returns of all moneys collected by them to thenational treasurer, and quarterly reports of the same tothe national agent, with the sworn statement of the personsfrom whom the royalty was received ; and the nationalagent shall examine the said reports and forwarda quarterly abstract thereof to the principal chief for hisinformation ; and he shall also prepare an annual abstractof said reports and present the same with thequarterly report, and all vouchers thereto belonging,to the general council for examination and information.7. In case of any irregularity in the offices of theinspector, district collectors or coal weighers, or of anymaterial error or discrepancy in their reports, the nationalagent shall report the facts of the case, without

-LAWS OF THE CHOCTAW NATION.110delay, to the principal chief; and the national agent shallalso be required to visit the headquarters offices of therailroad and coal companies, and inspect their books andreturns, to ascertain if the report made to them correspondwith the reports made to the Choctaw nation; andif it be -necessary to obtain that power of inspection ofsaid books and returns, he shall insert a provision tothat effect in their contracts.S. The national agent shall receive for his serviceseight hundred dollars per annum, payable quarterly,-upon the certificates of the principal chief to the auditor,who shall issue his warrants accordingly, and the treasurershall pay the same; and said national agent shallnot be allowed any funds besides his salary for contingentexpenses.SECTION 'CM.. APiiiVi Lij '3 1888_INSPECTO R.-1. Be it enacted by the general council of the Choctaw nation assembled: There shall be appointed by theprincipal chief, by and with the advice and consent ofthe senate, one competent person, a citizen of the Choctawnation, who shall be known and designated as inspector,who shall hold his office two years, and shall becommissioned by the principal chief, and shall take theoath of office prescribed in the constitution, and shallenter into bond, with good and sufficient security, in the-penal sum of five thousand dollars, payable to the Choctaw nation, conditioned that he will well and truly countand inspect, in connection with the railway inspector, allrailroad ties, both hewn and sawed, and all piling andstone, and whatsover is used by the railroad on whichroyalty is due, or may be due, and will well and trulymeasure all lumber and timber, and count all shingles,manufactured along the line of the railroad, which bondEXECUTIVE DEPARTMENT.111shall be filed in the national secretary's office. It shallbe the duty ot the inspector, to count, in connection withthe railroad inspector, all railroad and bridge ties, andmeasure all piling, and whatsover else is used by therailroad, or any railway branch, or railway switch, onwhich royalty is due, or may hereafter be due, and shallmake quarterly statement to the principal chief, for hisinformation, and to the national treasurer for his guidancein the collection of the royalty; and it shall also bethe duty of the inspector to visit all the saw mills alongthe line of the railroad, and measure and count all lumberand shingles manufactured by them, and measure alltimber, etc., shipped or used along the railroad, on whichroyalty is due or may be due, and collect the royalty onthe same, according to law; and shall make quarterlystatements to the principal chief ; and shall, also, makequarterly statement to the national treasurer, and trans--mit all moneys collected by him to the treasurer, at theend of each quarter, and he shall also be required tomake an annual report to the general council for theirguidance. .2. The inspector shall not be allowed to collect anymoney, except what may arise from the manufacturingof lumber and shingles, and timber, that is not used bythe railroad. He shall receive for his services ten percent. of all royalties contemplated under this act, to bepaid quarterly; and the principal chief shall issue hiscertificate to the national auditor, and the national treasurershall pay the same.SECTION IX.DISTRICT COLLECTORS.1. Be it enacted by the general council of the Choctawnation assembled: There shall be appointed by thewas,

•ACTS OF 1891.331112, L_ TS Or 1890.this act for superinten- -ini:seei nPaatlechief,ibed ina di,s..y.ffect from and after its passagetpihol . e whose ,ireh:erbaYets and parts of acts 011 thetraders in theuittlumber and timt,from their respe 31, 1-897eNavie.(1-s . . JONBS‘roads, and keep P. C. C.quarterly reporevery fiscal gut,for their servic(BILL LVIII. November 1, 1892,their respectivcion 2 of the act ofthorized țc) ret !under' the national this actby t iPPing the general hay-co-uncil of the Choctawbone: That from and after the passage ofmake a f of fifty cents per ton is hereafter whet leviedpenal sum othe principal vvild grass cut for sale or barter,office; said we domain or within citizens' enclosures.two years of each county shall collect said royaltyof or failtne, less ten per cent. for his services, tocohiin i.edffg to laasurer for county purposes of the county2. The grass shall have been cut.this nation, aerein contained as to imposeany citizen for his own use,seize and taAries, boardFom and after its passage.shape, that ed. October 30, 1890.be sold ora royalty onand this actw.. JONES,P. C C. N.not autlicydo; andBILL LIt.sell the F to abolish Good Spring and Cole Spring prenationalcitizen,ftnctscommisin Blue county and to establish Jones' prfto-•rit enacted steadof ril- cinct in.. by the general council of the Choctaw and Colewith() lion Be assembled: That Good Sprin.g precinctthe sum of five cents; for each animal in every drove ofcattle horses, hogs, goats and sheep, the sum of one centper head.Be it further enacted, That the privilege toSEC. 2.receive toll herein granted shall not take effect till saidturnpike is completed, and shall continue in full forcefor the period of ten years; provided said turnpike shallbe kept in good order and repair.Be it further enacted, That if any personSEC. 3.or persons, not citizens of this nation, refuse to pay thetoll aforesaid upon application, with proper proof beingmade to the -United States Indian Agent, he shall takesuch steps as may be necessary to receive and collectthe same.Be it further enacted, That this act takeSEC. 4.effect and be in force from and after its passage.Approved Oct. 29, 1891.W. N. JONES,P. C. C. N.in relation to the scholars at the public schools.AN ACT1. Be it enacted by the general council ofSECTIONthe Choctaw nation assembled: That the board of educationshall not allow more scholars at any of the publicschools of this nation than is specified by law, and thisact to take effect and be in force from and after its passage.Approved Oct. 29, 1891.W. N. JONES,P. C. C. N.to change an election precinct in JacksonAN ACTcounty.Be it enacted by the general council of the Choctawnation assembled: That the electiJn precinct in Jack-.,)

LAWS OF THE CHOCTAW NATION.AN ACT for the protection of public moneys.Be it enacted by the general council of the Choctawnation assembled.SECTION 1. That the national auditor shall issue nowarrant on the national treasury, except in consequenceof an appropriation made by the general council, andthat the national treasurer is hereby instructed to payno warrants unless issued in conformity with this act.Be it further enacted, that this act shall take effectand be in force from and after its passage.Approved December 5, 1891.W .N. JONES,P. C. C. N.AN ACT to authorize the board of education to let contractsfor conducting the several new academies andnaming the same.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled: That the academy locatednear Hartshorne shall be known as Jones academy;that the academy located near Tushka Homa shallbe known as Tushka Homa Female Institute; that theacademy lately provided for Choctaw freedmen shall beknown as Tushka Lusa Institute.SEC. 2. Be it further enacted, that the board of educationshall be authorized fo let contracts for carryingon the school at Jones Institute with one hundred boys;at Tuska Homa Female Institute with one hundred girls;at Tushka Lusa Institute with thirty students, in proportionprescribed by law.SF.c. 3. Be it farther enacted, that the board of edncationin letting said contracts shall be governed by theschool law of the Choctaw nation, approved October 31,1890, said contracts to be for the opening of each institutionon the first Monday in September, 1892.336 LAWS OF THE CHOCTAW NATION.Svc. 6. Be it futher enacted, that all said personswho shall decline to become citizens of the Choctaw nationand who do not elect to remove permanently fromthe nation are hereby declared to be intruders on thesame footing as other citizens of the United States residentherein, and subject to removal for similar . causes.SEC. 7. Be it further enacted, that intermarriagewhim such freedmen of African descent, who were formerlyheld as slaves of the Choctaws, and have becomecitizens, shall not confer any rights of citizenshipin this nation, and all freedmen who havemarried, or may hereafter marry freedwomen who havebecome citizens of the Choctaw nation, are subject to thepermit laws, and allowed to remain during good behavioronly.SEC. 8. Be it further enacted, That all such personsof African descent, who have become citizens of theChoctaw nation, shall be entitled to hold any office oftrust or profit in this nation, except the offices of principalchief and district chiefs.SFe. 9. Be it further enacted, That the national secretaryshall furnish a certified copy of this act to the secretaryof the interior. And this act shall take effect andbe in force from and after its passage.Approved May 21, 1883.AN ACT conferring citizenship on certain persons named.Be it enacted by the general council of the Choctawnation assembled: That Abbot Leflore, Felicie Landers,Louis C. Leflore, and his three children, Rosa, Michaeland Josephine; all late of Mississippi, are hereby recognizedas citizens of the Choctaw nation, and entitled toall the rights, privileges, and immunities of citizens of

ACTS OF 1891.EXECUTIVE DEPARTMENT'.113SEC. 4. Be it further enacted, that this act shalltke effect and be in force from and after its passage.Approved December 5. 1891.W. N. JONES.P. C. C. N.SECTION 1. Be it enacted by the general council ofhe Choctaw nation assembled: That all persons ofAfrican descent, resident in the Choctaw nation at thedate of the treaty of Fort Smith, September 13th, 1865,and their descendants formerly held in slavery by theChoctaws or Chickasaws, are hereby declared to be entitledto, and invested with all the rights, privileges andimmunities, including the rights of suffrage, of citizensof the Choctaw nation, except in the annuity moneysand the public domain of the nation.SEc. 2. Be it further enacted : That all said personsof African descent, as aforesaid, and their descendants,shall be allowed the same rights of process, civiland criminal, in the several courts of this nation, as areallowed to Choctaws, and full protection of person andproperty is hereby granted to all such persons.SEC. 3. Be it further enacted : That all said personsare hereby declared to be entitled to forty acreseach of the lands of the nation, to be selected and heldupon the same terms as the Choctaws.SEC. 4. Be it further enacted, that all said personsaforesaid are hereby declared to be entitled to equal educationalprivileges and facilities with Choctaws, so faras neighborhood schools are concerned.SEC. 5. Be it further enacted, that all said personsthat shall elect to remove and do actually and permanentlyremove from the nation, are hereby declared to beentitled to one hundred dollars per capita, as providedin said third article of the treaty of 1866.any person who shall take or cause to be taken and carriedoff any such material and propertypnaos ytEnDent :on:aabove and which has been seized by a district collectoror by the inspector as by this act authorized, shall bedeemed guilty of larceny, and upon indictment and convictionshall be punished accordingly. ASECTION XI.NATIONAL LIGHTHORSEMMN.1. Be it enacted by the general council of the Choctawnation assembled: There shall be a corps of nine nationallighthorsemen in this nation who shall receive theirappoinment by commission from the principal chief, threefrom each district, and shall take the oath prescribed inthe constitution, to be administered by the principalchief or any judges of the nation and subscribed to onthe back of their commissions, and who shall serve forthe term of two years, unless sooner removed by theprincipal chief. The principal chief shall commissionone of said lighthorsemen so appointed captain thereof,and it shall be the duty of said captain to preserve orderand discipline among the rest, and to see that each ofthem is properly armed, equipped and mounted for immediateservice, and to report to the principal chief anyimproper conduct or failure to discharge the duties requiredof any or all of them.2. Said lighthorsemen shall be under the exclusivedirection and control of the principal chief of this nation;they shall be messengers of the principal chief upon anymatter of national concern ; they shall keep the peaceof the nation ; they shall faithfully aid in the executionof the criminal laws of this nation ; they shall suppress,if necessary, with the aid of other citizens, whom they81 088.

polgo■ ,- -11111..114 LAWS OF THE CHOCTAW NATION.are hereby empowered specially to summon for the purpose,all riots, routs and unlawful assemblies, and reportthe same, with all other violations of the penal laws, tosome judge or other proper officer. The principal chiefshall keep the lighthorsemen, or such number as he maydeem proper, at the place of holding the general councilduring the session thereof, and shall specially directthem to keep order and quiet at such time and place ; tosee that no intoxicating liquors are brought within twomiles in any direction of such place at said time, and, ifnecessary, the tiptain or any one of said lighthorsemenshall summon Ay number of citizens deemed requisite,over eighteen and under sixty years of age, to aid andassist in keeping order, spilling liquor and arresting theoffenders, and taking them before a county judge, whichjudge is -hereby empowered and directed to bind suchperson, or persons, so offending, over to the next circuitcourt thereafter in a bond not exceeding in penalty twothousand dollars, to.appear and answer such charges asmay be preferred against him or them ; and any personor persons offending, as hereinbefore stated, shall offeror threaten any forcible resistance with deadly weaponsto the captain, or any of the lighthorsemen, or other personor persons summoned, as this act specifies, in thedischarge of any of the duties hereinbefore set forth, itshall be the duty of the captain, or any of the lighthorsemen, and others summoned by them, to shoot downany and all persons so threatening or assisting withdeadly weapons. The principal chief is hereby authorized and directed to order the lighthorsemen, or anynumber of them that may be required, to attend theUnited States Indian agent for this nation whenever hemay call for them, and strictly obey all orders he maygive them in the execution of the laws of the UnitedStates.EXECUTIVE DEPARTMENT.1153. The captain of the lighthorsemen shall be entitledto receive, as a compensation for his services, thesum of two hundred dollars a year, and the lighthorsemenshall receive for their services the sum of one hundredand fifty dollars a year each, to be paid quarteryearlyon the principal chief's order to the national auditor,who is directed to issue his warrant on the nationaltreasury for the same. And in addition to the above,the several national lighthorsemen of this nation shallbe entitled to and receive the sum of three dollars andfifty cents for each and every day's actual attendanceon the general council, and the principal chief shall issuehis certificate on the national auditor, and the nationalauditor shall issue his warrant for the same in favor ofeach lighthorseman, stating the number of days in attendanceand the amount due for the same.APPhuwc.0 ;",j, 1888.

LEGISLATIVE DEPARTMENT. 117LEGISLATIVE DEPARTMENT.SECTION 1.GENERAL COUNCIL.1. Be it enacted by the general council of the Choctawnation assembled : At the beginning of every regularannual session of the general council, on a quorumof the senate appearing in the senate chamber, they shallcall some senator to the chair, who shall call upon someone of the supreme judges to administer the oath prescribedin the constitution to the senators, when theyshall proceed to elect a president of the body in suchmanner as they may, by rule, determine. The senateshall then elect, also, in the manner they may, by ruledetermine, a recording secretary, journalist and doorkeeper,to whom the president shall administer the oathsof office, and also to other senators who may thereafterappear. and all other officers of the senate. At the beginningof each and every regular session of the generalcouncil, on a quorum of the members of the house ofrepresentatives appearing in the representative chamber,they shall call some member to the chair, which membershall call upon one of the supreme judges to administerthe oath required by the constitution, to the memberspresent.. The house of representatives shall thenproceed to elect a speaker ; they shall then elect, in suchmanner as ttey may by rule determine, a clerk, journalistand doorkeeper, to whom the speaker shall havepower to administer the oath of office, and to other memberswho may thereafter appear. There shall be electedby both houses of the general council of this nation, injoint session, during the first week of each and e■regular session thereof, in such manner as may be deter- Imined at the time, a sergeant-at-arms, who shall be thepeace officer of the general council, and perform suchother duties as they may prescribe, and to whom thepresident of the senate, while in session, shall administerthe oath prescribed by the constitution in presenceof that body.2. The president of the senate and the speaker ofthe house of representatives shall each be entitled to receivesix dollars per day, and each other member of thesenate and of the house of representatives five dollarsfor each and every day's attendance at the general council,and shall, moreover, be allowed, at the commencementand end of every session, at the rate of three dollarsfor every thirty miles of the estimated distance bythe most direct land route of travel, in coming to and returningfrom the place where the general council shallsit; and if any member of either house—the president ofthe senate or tile speaker of the house—shall be detainedby sickness, in coming to or returning from any sessionof the general council, or be unable to attend the houseto which he belongs, he shall be entitled to the samedaily allowance, The recording secretary of the senate,and clerk of the house of representatives, shall each beallowed four dollars per day; and the recording secretaryof the senate, with the approbation of the presidentof the senate, and the clerk of the house of representatives,with the approbation of the speaker of the houseof representatives, shall each appoint as many clerks asmay, from time to time, be necessary to the dispatch ofbusiness in their respective houses, who, when employed,shall be allowed two dollars per day, and the doorkeeperof each house shall be entitled to four dollars per day;and the sergeant-at arms shall be entitled to five dollars

_..,11.•■••■•■■■■••••■•.----__-"N118 LAWS OF THE CHOCTAW NATION.per day; the journalist of the senate and the journalistof the house of representatives, shall each receive fortheir services four dollars per day. The compensationherein allowed to the sergeant-at-arms shall be certifiedto by the president of the senate, and the compensationwhich shall be due to the members and officers of thegeneral council shall be certified by the president andspeaker, respectively, to the national auditor, who shallissue his warrants on the national treasurer, which shallbe paid out of the funds appropriated annually to defraythe expenses of the general council.3. The principal chief of this nation be and he ishereby authorized to select some competent draughtsman,for both houses of the general council, to preparebills, or reports of committees, and generally to assistmembers of each house in all matters of legislation; thatprovided, he shall only appoint a draughtsman wheneverrequested to do so, by the presiding officers of bothhouses of the general council, and to dismiss the samewhen notified by the said officers that said draughtman'sservices are no longer needed. Said draughtsman shallbe allowed five dollars per day, and the auditor shall issuehis warrant for the same upon the certificate of thepresident of the senate for such services.4. All witnesses that may be legally summonsed,on behalf of this nation, to attend any future session ofthe general council, in either branch thereof, for the purposeof giving testimony in cases of impeachment, orother matter of investigation, when such testimony maybe lawfully required, shall be allowed the sum of twodollars for each and every day he, she, or they, may beso in attendance; and also the further sum of five centsfor each and every mile he, she or they may travel ingoing to and returning from the place where such testimonymay be rendered, and the sum or sums due toLEGISLATIVE DEPARTMENT. 119such witness or witnesses shall be ascertained by theoath or affirmation of such witness or witnesses, his, heror their agent or attorney, which oath or affirmation theclerk of the house of representatives, or secretary of thesetkate, as the case may be, is hereby authorized to administerand thereupon to issue a certificate to such witnessor witnesses for the full amount of the sum so ascertained,and the national auditor, on the production ofsuch certificate, is hereby authorized and required toissue his warrant on the national treasury for the paymentthereof.5. It shall be the duty of the doorkeepers, whenthe two houses adjourn, to collect all the remaining stationaryand furniture purchased for the use of the generalcouncil, and deliver it to the national secretary andtake his receipt for the same.APPROVED OCT, 31, 1888,

JUDICIAL DEPARTMENT. 121JUDICIAL DEPARTMENT.SECTION T.THE SUPREME COURT.1. Be it enacted by the general council of the Choctawnation assembled: Each judge of the supremecourt, before he enters on the duties of his office, shalltake and subscribe the oath required in the constitution,endorsed upon the back of his commission, which oathmay be administered by the principal chief, or anyjudge of the nation; and said commission and oath shallbe recorded by the clerk of said court, upon the minutesof said court ; which judges, or a majority of them, shallhave the power to appoint a clerk of said court, to holdhis office for the term of four years from the date of hiscommission.2. The judges of the supreme court shall choosefrom among themselves the chief justice, and have thesame entered upon the minutes of the court; and in caseof his absence or disqualification to sit in any cause, theoldest judge present shall he the presiding judge for thetime being, and no judge of said court shall sit in anycause wherein he is connected by blood or marriage witheither of the parties, or directly or indirectly interested,or if he shall have been of counsel for either party insuch cause; and although one or more of the judges ofthe supreme court be interested in the event of any suit,matter or thing depending therein, the same shall befinally decided by the other judges, if there by a numbernot so interested sufficient to constitute a court ; and incase a majority of said judges shall be interested in anycause depending in said court it shall be the duty of theprincipal chief to specially appoint and commission oneor more members of the bar learned in the law to supplythe places of the judges so interested, who shall be swornto hear and determine that particular cause and noother ; and whenever the supreme court shall be equallydivided in opinion, on hearing any appeal or writ oferror, the judgment or decree of the cowl below shall heaffirmed.3. The supreme court shall have jurisdiction over,and shall hear and determine all manner of pleas, complaints,motions, causes and controversies, civil and criminal,which may be brought before it from any circuitcourt of law or county court of any county in this nationeither by appeal, writ of error, supersedeas,* or otherlegal process, and which shall be cognizable in said courtaccording to the constitution and laws of this nation:.provided, that no appeal, writ of error, sttpersedeas orother process shall be granted in any manner whatsoeveruntil after final judgment or decree in the court below,except in eases especially provided for by law; andthe supreme court or any judge in vacation shall havepower to issue writs and other processes necessary totheir appellate jurisdiction, and may grant writs of erroror supersedeas to the judgments or decrees of the circuitcourts of law, in all cases wherein writs of error or supersedeasmay be by law allowed, in the manner, and onthe terms and conditions prescribed by law in such cases,and also to grant writs of habeas corpus,f certiorari*Supersedeas—is a writ or command to suspend the po,wers of anofficer in certain cases, or to stay proceedings.+Habeas corpus—is a writ for delivering a person from false imprisonment,or for removing a person from one court to another.:,`Certiorari—is a writ issued out of a superior court, to call up therecords of an inferior court, or remove a cause there depending, thatit may be tried in the superior court. This writ is obtained upon complaintof a party, that he has not received justice, or that he cannothave an impartial trial in the inferior court.

122 LAWS OF THE CHOCTAW NATION.ne exeat,* and all other remedial writs and process grantableby said judges by virtue of their office, agreeably tothe principles and usages of the common law, returnableas the law directs, either to the supreme court or before anyjudge of said court as the nature of the case may require..Also it shall be the duty of the supreme court to establishrules for the proceeding in said court and also rulesfor bringing cases to issue; and the proper conducting ofthe business in the several circuit courts of law in thisnation, and to cause a copy thereof to be made for eachcircuit court in the nation; and it shall be the duty ofsaid supreme court whenever they shall alter, amend orenlarge said rules, as soon thereafter as may be, to causea copy to be made as above directed.4. It shall be the duty of the judges of the supremecourt in every case they may decide or decree, to delivertheir opinions in writing, stating at large the reasons andprinciples upon which such decision is made ; whichopinion shall be by the clerk of said court filed amongthe records of said court at the time of delivery, and anyjudge of said court differing in opinion from a majorityof said court, shall reduce his opinion to writing andthe reasons therefor, and shall likewise be filed amongthe records of said court, and any judge of said courtneglecting or refusing to comply with the provisions ofthis section shall be deemed guilty of a misdemeanor inoffice and shall be liable to removal therefor. It shall bethe duty of the clerk of said court to record in a book, by •him to be kept for that purpose, the written opinions ofsaid court and the written opinions of any judge thereof;and the said clerk shall receive ten cents for each hundredwords so recorded, payable half-y „arly out of thenational treasury upon the certificate of' any one of the*Ne exeat—is a writ to prevent a person from going out of theNation, without license.JUDICIAL DEPARTMENT. 123-said judges of said court that the services has been performed,and that the account as stated is true and correct.That for preventing errors in entering up the judgments,decrees, orders and decisions of said court, theminutes of the proceedings of each day shall be drawnup at large by the clerk, in a book by him to be kept forthat purpose, and read in open court the next day—exceptthose of the last day of each term, which shall bedrawn up, read and corrected the same day—and anynecessary corrections made therein, when they shall besigned by the presiding judge and preserved among therecords ; and t he supreme court shall annually appointone of the judges thereof to inspect the clerk's office ofsaid court, and to report the same to the next term of thesupreme court, specifying in what condition he finds therecords and papers belonging to the office, which reportshall be recorded upon the minutes of the court.5. The supreme court shall have power to punishany person who may be guilty of a contempt of saidcourt, in like manlier as a circuit cour't of the nation.The sheriff of the county in which the supreme courtshall be held. shall be an officer of said court and shall•attend to the same with a sufficient number of deputies-accordingly, and the sheriff and his deputies shall bebound to perform the ditties of sheriff and crier.6. The supreme court shall be held at the seat ofgovernment on the first Monday of October and Aprilin each and every year; and may continue until the businesstherein pending shall be disposed; the judg -?s ofsaid court shall have power to call a special term ofsaid court when deemed necessary, and shall givethirty days' notice of the time for holding the same; andif any judge of the supreme court shall fail to attend anyterm of said court, it shall be the duty of the clerk ofsaid court to certify the number of' days said judge was

•••••124 LAWS OF THE CHOCTAW NATION.absent at each term of his court to the national auditor,who shall deduct the sum of ten dollars for each andevery day said judge may fail to attend, if it should appearthat the said judge was within the limits of the nationAt the time of such failure; provided, however, thatthe said judge shall make oath and file the same at thenational auditor's office, that his absence was occasionedby sickness. or that his attendance was prevented bythe obstruction of high waters, in which case no deductionshall be made. The supreme court may adjournfrom day to day, or for such longer period as they maythink necessary to the ends of justice and the determinationof the business before them, and there shall heno discontinuance of any suit, process, matter or thingreturned to or depending on the supreme court althougha sufficient number of judges shall not attend at thecommencement or any other day of the term; but if a sufficientnumber fail to attend at the commencement of anyterm or at any time during the term, any judge of thesaid court, or the sheriff attending the same may adjournthe said court from day to day for six days successively.7. When any cause is finally decided in the supremecourt, and the party who is taxed with the costthereof shall fail to pay the same, the clerk may issueexecution therefor returnable to the next term of saidcourt, and direct to the sheriff of the county where theparty resides; and the first Monday of October and Aprilshall be the return days in the supreme court in eachand every year, to which all executions issuing fromsaid court shall be made returnable; and all officers failingto return said executions at the proper time, or to payover the money collected thereon, shall, on motion, bemade liable therefor, as in cases of sheriffs failing to returnexecutions to or pay over moneys on executions returnableto the circuit courts of this nation.JUDICIAL DEPARTMENT.8. The judges of the supreme court of this nationshall be entitled to and receive as a compensation fortheir services the sum of four hut presented, year,eachto be paid quarter-yearly out of the national treasurywhen the account for the same shall heaudited, and the auditor's warrant on the treasury issuedtherefor.APPROVEDso,SECTION II.THE CLERK OF THE SUPREME COURT.1. Be it enacted by the general council of the Choctawnation : The supreme court shall appoint a clerk inthe followng manner : In term time the appointmentshall be made by any order entered upon record in theproceedings of said couit, and the person so appointed,before he shall enter on the duties of his office, shalltake the oath prescribed in the constitution in opencourt, and shall enter into bond with two securities to beapproved by the court, payable to the principal chief ofthe nation for the time being and his successors in office,in the penalty of two thousand dollars, conditioned forthe faithful performance of the duties of his office, andthat he, in due rime, records the judgments, decrees,orders and decisions of said court, and deliver over tohis successor in office all records, minute books, papers,presses, seal and whatever belongs to his said office ofclerk, which bond shall be recorded in the clerk's officeof said court, and immediately thereafter be deposited inthe office of the national secretary, and shall not be voidon the first recovery, but may be put in suit and prosecutedat the cost and charges of any party injured untilthe whole amount of the penalty thereof be recovered.In vacation the appointment shall be made by commissionunder the hands and seals of a majority of thejudges of said court, and the person so appointed shall88. 8,

I 26 LAWS OF THE CHOCTAW NATION. JUDICIAL DEPARTMENT.127execute bond with security as above prescribed, andproduce the same to any one of said judges for his approbation,and if he approve it he shall endorse hisapprobation thereon and administer the proper oath ofoffice, and endorse his certificate thereof also on saidbond; and said judge shall cause the bond with the endorsement thereon to be recorded, and shall deposit thesame in the office of the national secretary as aforesaid,which bond may be put in suit and prosecuted in likemanner as before directed in the case of bonds taken inopen court. A certified copy of such bond shall be receivedin evidence in any court of law in this nation, inthe same manner as the original would be if it waspresent in court. Said clerk may be removed for neglectof "rtuty or misdemeanor in office by the supreme court,on motion of which, the clerk against whom complaintis made, shall have ten days' previous notice, specifyingthe particular negligence or misdemeanor in office withwhich he stands charged ; and in every such case thecourt shall determine both the law and the fact.2. The clerk of the supreme court shall have powerto appoint a deputy with the approbation of the court,and' he shall take the oath of office prescribed in theconstitution, and thereupon said deputy shall have powerand authority to do and perform all the several actsand duties enjoined upon his principal; and the clerk ofthe court aforesaid shall keep his office at the place inwhich said court shall be holden. During a vacancy inthe office of clerk of the supreme court, and during theunavoidable absence of the principal clerk and his deputy,if he have one, the court, in term time, or a majorityof the judges in vacation, may appoint a clerk pro ternpore,*who, after taking the oath of office, shall be authorizedto perform the duties of a clerk, and during his*Pro tempore—for the time being.continuance in office shall be entitled to all the feesthereof. 'Whenever the office of the clerk of the supremecourt shall become vacant from any cause whatsoever,the records, papers, books, stationery, and everythingbelonging to, or pertaining to said office, shall be deliveredover to his successor in office by the person or personshaving the same, whenever demanded; and it ishereby declared to be the duty of such successor to demand,receive, and take the same into his care and safekeeping, and in case of a refusal or detention of anysuch records, papers, books, stationery, or other thingsappertaining to said office, of which he is appointed successor,after demand as aforesaid, he shall, moreover,give information thereof to the national or district attorney,who shall prosecute each person or persons by actionof debt, and have recovery of the same by executionand sale of the personal property of said defendants,by the proper officer of the court, on information,in the name of the nation, in any court of competent jurisdiction,and on conviction thereof by the verdict of ajury, the person or persons so refusing or detaining asaforesaid, shall be fined in the sum of five thousand dollars,to the nation, for the use of the library fund.3. If the clerk of the supreme court shall knowinglyor willfully make any false entry, or erase a letter,or change any records in his office or keeping, said clerk,so offending, shall, on conviction thereof, be fined andimprisoned at the discretion of the court, and shall alsobe liable to the action of the party aggrieved.4. The supreme court shall make allowances to theclerk for all needful sums for supplying the office withnecessary books and presses for the records, and for thesafe keeping of the books and papers belonging to theoffice, and shall make allowance to sheriff, as officer ofsaid court, for all necessary fuel furnished in term time,

,/ •,1111,-71r,rimm.JUDICIAL DEPARTMENT. 1291 2 8 LAWS OF THE CHOCTAW NATION.which allowances, being certified to the national auditor,he shall give a warrant therefor on the treasury of the-nation.5. It shall be the duty of the clerk of the supremecourt to make out and keep a distinct docket of all casespending in the supreme court—for each one of the districts electing judges to the supreme court—and to placeon the docket, for each district, all cases, criminal orcivil, emanating from counties in the same;prorided thatall civil cases in which the nation may be a party, shallbe placed on the docket of that district in which the seatof government is situated, and all criminal cases shall be'placed first on the docket to which they respectively belong;and it shall be lawful for the clerks of the supremecourt to demand, receive and take for the several servicesby him performed, the fees hereafter annexed to saidservices, viz: For filing records and writs of error or appeal,twenty-five cents; entering appearance of eachparty, twenty-five cents each; every continuance, twentyfivecents; each oath, twenty-five cents; for docketingcause, twenty-five cents, to be charged but once; for enteringeach final judgment, one dollar; for copy of thesame, for court below, fifty cents; for taxing costs andentering the same on fee book, twenty-five cents, and,for each execution, fifty cents; and in addition to thefees above allowed, the clerks shall receive, out of thenational treasury, the sum of one hundred dollars, to bepaid quarter-yearly, upon the presentation of his account,endorsed as correct by the chief justice of thecourt, when the national auditor shall issue his warrantfor the same upon the national treasurer.6. It shall be the duty of the clerk of the supremecourt, at the close of each term of said court, to make outand transmit to the court, or the clerk thereof, fromwhich the cause was brought, a copy duly certified, withthe seal of the court affixed,of each and every final judgmentand decree of said supreme court, unless the sameshall be sooner demanded by the person or his attorneyentitled to the same, when he shall deliver said copyupon the payment of all cost due in said court, in the'cause in which the copy of the judgment or decree is demanded;otherwise he shall retain said copy, and transmitthe same as herein before directed,and,as in all caseswhere the costs have not been paid, send out an executionfor the same ; and it shall also be the duty of theclerk of the supreme court to furnish any person, on application,with a copy of the opinion of said court, and acopy of any record, paper or judgment, or anything onfile in his office, and the clerk shall be entitled to receive ten cents for every hundred words mRo contained tainueTdieach copy so furnished, and twenty-five cents for a ce-rtificate, with seal of the court attached, when required.SECTION III.CIRCUIT COURT.OCT,1. Be it enacted by the general council of the Choctawnation assembled : The Choctaw nation shall bedivided into three judicial districts, viz ; Mosholatubbeedistrict shall be called the First judicial district ; Apuckshunubbeedistrict shall be called the Second judicialdistrict, and Pushmataha district shall be called theThird judicial district ; and a circuit court shall be heldin each, twice in each year, to commence and continue,viz :AN ACT repealing an act passed and approved June 29,1893, locating the circuit court ground of the MosholetubbeeDistrict in Gaines county.Be it enacted by the general council of the Choctawnation assembled: That an act passed June 29, 1893, be91888

JUDICIAL DEPARTMENT.131LAWS OF THE CHOCTAW NATION.130and the same is hereby repealed and the following -Mosho is-hereby substituted: The circuit court ground ofletubbee district in Gaines county is hereby removed toone mile southwest of the said James Brown's, and shallbe called and known as Ilochubbee court ground. Thedistrict court of Alosholetubbee district shall hold its firstsession at IIoch-ubbee court ground on the second IVIondayof :November, 1893 and all courts special and regular,shall henceforth be held there, and all acts or partsof acts coming in conflict with provision of this act arehereby repealed, and this act shall take effect and be inforce from and after its passage.Approved Oct. 19, 1893. C. C. N.W. N. jONES,In the Second judicial district, on the first Mondaysof December and July, at the Sulphur Springs, near theresidence of Simon P. Willis, in Nashoba county, andshall be known and called Apuckshunubbee circuit courtground. In the Third judicial district, at the Monday of Feb-of August, at a point whereMOIldayrurary non. L. and S. W. second Folsom caused a court house to be builtfor said:district, near the meeting house known asinlJacksonlcounty,and the same shall be called and-Known as:Pushmataha circuit court ground. And eachmay continue;in session thirty judicial days, it businessreq-uires it, but no longer.2. The judges of the circuit courts shall be electedsame by manner as provided for electing district and,the qualified voters of their districts, in thecounty officers; and the person having the highest number of legal votes, shall be declared duly elected, andshall be promptly commissioned by the principal chiefand shall continue in office for the term prescribed bythe constitution, unless sooner removed; and shall takethe oath of office prescribed in the constitution, beforethe principal chief, or any judge of a court of record;a certificate of which shall be filed in the clerk's officeof the district where they shall first sit; without whichoath and certificate, if they shall be deemed guilty of ahigh misdemeanor, and may be removed from officetherefor.3. The circuit courts in the several districts of thisnation shall have power to hear and determine all prosecutionsof criminal cases, by information or by indictment,in the name of the Choctaw nation, for treason,murder, and all other felonies, crimes and misdemeanorscommitted in their respective jurisdictions, except suchas properly belong to the United States court: and shallexercise all the powers incident to, or belonging to, acourt of oyer and terminer, and general jail delivery,and to do and perform all other acts properly pertainingto circuit courts of law; and the judges of said courtsshall each have power, either in vacation or term time,to grant writs of habeas corpus,* ne exeal injunction,t tostay waste, to enjoin execution of a judgment, or to stayproceedings at law, and all other remedial writs returnableto a court of law; said courts shall have power tofine and imprison any person who may be guilty of contemptof court, while sitting, either in the presence orhearing of the court; provided, such fine shall not exceedone hundred dollars, and imprisonment shall not befor a longer time than the term of the court at which thecontempt was committed. The circuit courts shall haveoriginal jurisdiction of all suits and actions for the recoveryof money, founded on any bonds or contracts,*Habeas corpus —is a writ for delivering a person from false imprisonment,or for removing a person from one court to another.tNe exeat—is a writ to prevent a person from going out of theNation, without license.

'-132 LAWS OF THE CHOCTAW NATION.JUDICIAL DEPARTMENT.133when the principal of the sum in controversy exceedsfifty dollars, and all causes, matters and things arisingunder the constitution and laws of this nation, which arenot expressly cognizable in some other court, as well asall cases of divorce, alimony and foreclosure of mortgages;and shall also have power to hear and determine allmotions, on reasonable notice to adverse party, againstsheriffs or other officers, for money received under execution,or other process or order of the court, which shallnot be paid to the party entitled to the same, his agentor attorney, on demand, and all motions against attorneysand counsellors at law for failing or refusing to paymoney received for their clients, and to give judgmentaccording to the statutes in such cases made and provided,and award execution therefor; provided, however,that the circuit courts of said nation shall not have powerto issue writs of injunction or other process to stop theoperation of any public works or public enterprise undercontract with the proper ant horities of the Choctaw nation,whereby said nation is receiving or to receive aroyalty. The mining of coal or other mineral substances, the manufacture of lumber, and otherwise convertingany of the natural appurtenances of the soil intomerchantable goods, shall be held to be public worksand shall not exist in the Choctaw nation, (except undercontract with the proper legal authorities of the Choctawnation) to pay a stipulated royalty, and said contractsto have a. fixed limited time to run; provided, however,that the limitation of the jurisdiction of said circuitcourts imposed by this act shall not be so construed asto exclude said circuit courts from exercising completejurisdiction in all matters hereinbefore provided for, exceptwherein said nation is being excluded, or attemptsare made to exclude said nation by any person or personswhomsoever from rights which are secured to saidnation under this act.4. The judges of the circuit courts may alternateand exchange temporarily their districts, with eachother, whenever, in their opinion, the public interestsmay require it ; and whenever they may be absent, fromany cause, from any term of their courts, the sheriff ofthe county wherein the court is held, shall adjourn samefrom day to day for two consecutive days, and after thattime the adjournment shall be to the next succeedingterm. If from any cause a circuit court shall not beheld at any term thereof, or shall not continue to sit thewho!e term, or before the end of the term, shall not havebeard and determined all matters ready for its disposition,then all processes, pleadings and proceedings ofwhatever nature, remaining in said court, pending andundecided, shall stand continued, of course, until thenext succeeding term ; and if from any cause a courtshall not sit on any day in a term. after it shall havecommenced, there shall be no discontinuance, but thecourt may proceed to business on any subsequent day,until the end of the term, if business before said courtshall not be sooner disposed of.5. Clerks of circuit courts, in making out theirissue dockets for each term, shall set as many suits foreach day, beginning on the first day, and proceeding asfar in the term as the iturnber of suits may nniake itnecessary, or the judges may direct, or, in their opinion,may best suit the business of the courts ; and no causeshall be taken up for trial or hearing on a day previousto that for which it may have been set ; and the clerksshall issue subpcenas for witnesses to attend on the dayson which their respective cases have been set.. Clerk'sshall draw up the minutes of each day previous to thenext day's sitting of the courts, when the same shall beread in open court, and after such corrections as arenecessary being made, if any, therein, the same shall be

-305134 LAWS OF THE CHOCTAW NATION.signed by their respective presiding judges, and carefullypreserved by the clerks, in well bound books keptfor the purpose ; and on the last day of each term theclerks shall draw up the minutes of that day in the sameway as before, which:shall be read and corrected andsigned by the judges on that day. Clerks of circuitcourts shall make out, for each term of their respectivecourts, separate dockets, in one of which shall be placedall civil causes, and in the other all criminal causesand it is hereby expressly declared to be the duty of thejudges of the courts aforesaid, to give preference to andtake up said criminal docket for trial, on motion of thedistrict attorney, unless good cause is shown to thecontrary.6. Whenever the regular term of any circuit courtshall have failed, and in the opinion of the judge presidingtherein, the business of the court requires it,the said judge is hereby authorized and directed to ordera special term of said circurt court to be holden;which order shall be entered upon the minutes of thespecial term, and on receiving notice of said order, theclerk and sheriff of the county in which said court maybe located, to make out and draw a panel for saidspecial term, upon which panel, so drawn, a venirefacias* shall issue, all to. be summoned accordingly; andat any such special term the said court shall have powerto hear and determine all business remaining in thesaid court unfinished and not specially continued atthe preceeding regular term, and shall also have and exercisefull jutisdiction of all jail delivery in all caseswhich have not been so continued; which said specialterms, whenever so ordered, shall continue until all the*Venire facias—a writ directed to the sheriff, requiring him tosummon twelve men, to try an issue between parties. It is also a writin the nature of the summons to cause the party indicted on a penalstatute to appear.JUDICIAL DEPARTMENT. 135business therein pending shall be finished; provided, thatno special term shall be ordered to be holden on shorternotice than thirty days from the date of the order, writtennotices of which shall be put up by said clerk, in atleast five public places in the district, giving twentydays' notice of the time and place of holding the same.7. Clerks of the circuit courts are authorized toprocure seals for the use of their courts, at the expenseof the nation with the styles of their respective courtsaround the margins, and an eagle in the center of each.8. Until provision is made by the county courts ofthe different counties in the nation, for the erection ofjails within their limits, the jail situated within eachjudicial district shall, in all cases, be used as the jailof the circuit court for that district; and the sheriffs ofthe counties wherein such jails are situated, shall be thejailors for the circuit courts of their respective districts,and shall take into custody all persons committed byprocess from said courts; and all persons committed, bywhatever lawful authority for trial in such courts, thesheriff of the counties in which any circuit court shallsit, shall execute all judgments and sentences renderedby such courts in any criminal case; provided, suchjudgments are by law to be executed in the said countiesin which the circuit courts shall be holden, and shallin all respects act as sheriffs of said courts; and it shallbe the duty of the sheriffs of the counties in which thecircuit courts are located, to deputize three suitable persons,citizens of said counties, to act as deputies duringthe terms of said courts, in addition to the number nowallowed to sheriffs under the law; said deputies shall besworn and qualified as other deputies are qualified andshall receive like fees as other deputies; and the executionof any judgment rendered in the circuit courts, tobe made in any manner in any county of the judicial

LAWS OF THE CHOCTAW NATION.Roads . .136Railroads . .• • • •...district, other than in the counties in which the circuit..Royalties . . . ..... . .•Ranger, court shall be holden, shall be increasing by the clerks issued and salary of. .Reddirected to the sheriff of the county in which the causeOak . .Hill precinct in Atoka County.of action shall accrue, to be by said sheriff executed, andRecords, changing of, . . . . . . . .returned to said clerks in like manner as executed bythe sheriffs of the counties in which the circuit courts areSchedule . .held.9. Whenever any judge of any circuit court shallbe disqualified, from any cause whatsoever, for sittingon any case in his court, he is hereby authorized to appointany legal voter present, who may be qualified totry such case, and no other ; and if any judge shall tryany case in which he may be interested, or otherwise disqualifiedwithout the consent of the parties to the case,he shall be deemed guilty of a high misdemeanor inoffice, and shall be liable to impeachment therefor.10. It at any time when a special term of any circuitcourt ought to be holden, it should happen that thepresiding judge of that district should be sick, absent orprevented by any other cause besides being interested,from holding said special term, then it shall be the dutyof the presiding judge of the adjoining or other distrtet,on being notified of such incapability or inability, bythe judge of the district in which such special term oughtto be holden, to make the order for holding such specialterm to the clerk of the proper district, when he, the saidclerk, and sheriff, shall proceed as in paragraph six ofthis section ; and said judge so ordering said specialterm shall attend and hold it.ii. The judges of the circuit courts shall each beentitled to receive five hundred dollars per annum, to bepaid quarterly out of the national treasury, upon• presentationof their accounts therefoit ritiolit‘l iiveLitur. 1888.. . . . . .Sheriffs, defining duties of .Supreme court • . •. . ..Sentences and executions . . .Sodomy (unnatural intercourse) .Skinning dead animals on the range .Selling goods on Sunday . .Strays. . . . . . . . . .Stock killing one another . . . . . .Superintendent of public schools, increaseSheriff of Jackson county • . . .Students to be sent to the States . . .Sunday, in reference to huhting cattle . .Steer cattle, in reference to . . . . . . . . .Saw Mill Church precinct, in Kiamichi countySchool systems, in reference toSu perintendentsof schoolsStock, cruelty to . . . . .Schools, neighborhood . .Schools, boarding . .Schools, orphan . . . . . . . .Sheriff's reports, time and manner of makingScholars at public schools, in relation to . . .Sulphur Spring precinct, in Cedar county . .Treaty of 1830 .Treaty of 1837 .Treaty of 1855.Treaty of 1866 .••INDEX.• . .of salary••35 1PAGE.• • 229• • 231245• 267• 283• 21327164120• 186206• 220• 223• 254• 259261• 266• 28o• 281• 292• 295• 297• 304• 209• 306• 307▪ 310• 321• 331332

352 LAWS OF THE CHOCTAW NATION.PAGE.Treason 200Tribunal for citizenship • 227Trustee, local 305Timber, prohibiting the floating of 337Unlawful fence (stating damages) 198U. S. courts—in reference to 292Witnesses 184Wire fences 252Witnesses pay—in reference to 279Wade county court ground 292Woolridge Moses—granting charter to 325,

JUDICIAL DEPARTMENT. 137SECTION IV.CLERKS OF THE CIRCUIT COURTS.1. Be it enacted by the general council of the Choctawnation assembled: The clerks of the several circuitcourts of this nation shall be appointed by the circuitjudges and shall hold their office for the term of twoyears, unless sooner removed; and before they enter uponthe duties of their offices the clerks of the circuit courtof each district shall enter into bond, with good security,to be approved by the court of which he is clerk, payableto the principal chief, for the time being, or his successorin office, in the penal sum of two thousand dollarsconditioned for the faithful performance of his duties ofoffice, and that he in due time record the judgments, decreesand orders of the court, and deliver over to hissuccessor in office all records, minutes, books, papers,presses and whatever belong to said office of clerk;which bond shall be recorded in the clerk's office of saidcourt, and immediately thereafter deposited in the officeof the national secretary, by the judge approving thesame, and shall not be void on the first recovery, butmay be put in suit and prosecuted at the costs andcharges of any party injured, and levied of the goodsand chattles of said clerk and sureties, until the wholeamount of the penalty thereof be recovered, and a certifiedcopy of any such bond shall be received in evidencein any court of law of this nation, in the same manneras the -original would be if it were present in court.2. The clerks of said circuit courts shall have powerto appoint deputies, with the approbation of their severalcourts, who shall take the oath of office; and therenponsuch deputies shall have full power and authorityto do and perform all the -several acts and duties enjoinedupon their principals; and the said clerks of the saidcourts shall have power to appoint deputies in vacation,

139138 JUDICIAL DF,PARTAIENT.LAWS OF THE CHOCTAW NATION.with the approbation of the judge of the district in whichsame, or any part thereof, after demand aforesaid, hesaid appointment May be made, and which approvalshall give information to the district attorney, who shallshall be given in writing, and carefully filed away byprosecute such person, or persons, by action of damagessaid clerk in his office, and shall be entered upon theor information; in the name of the nation, in any courtminutes of the regular term of the circuit court. Theof competent jurisdiction, and on conviction thereof byclerks of said circuit courts shall keep their offices atthe verdict of a jury, the person, or persons, so refusingthe place of holding the circuit court of the district inor detaining, as aforesaid, shall be fined in the sum ofwhich they are clerks; but in all cases where offices havetwo thousand dollars, to be levied of their goods andnot been provided for the clerks of said courts, such clerkschattels, and delivered over to the national treasurer, tomay keep the records and papers of the said courts atbe used for schools.such places as the judge thereof may direct, and enter ofIf any clerk of the circuit courts of this nation4.record.shall knowingly make any false entry, or erase a letter,'or change any record in his keeping, belonging to his3. In case a vacancy shall occur in the office ofclerk of the circuit court, in any district in this nation,office, every such clerk so offending shall, on convictionthereof, be fined and removed from office by court, andby death, resignation, or other cause, it shall be the dutyof the circuit judge of such district, or the judge presiding,,to appoint a clerk The several circuit courts shall make an allow-shall be liable to be prosecuted by the party aggrieved.pro tempore,* to fill such vacancy5.until a clerk is duly appointed and qualified accordingance to the clerks thereof,of all needful sums of money forto law, which appointment shall be entered upon thesupplying their offices with all necessary books, stationeryand presses, tor the records and safe keeping of theminutes of the court; and such clerk appointed shall enterinto bond, and take the oath of office as in otherbooks and papers belonging to their offices respectively;-cases; and when so qualified, his acts shall be as valid,on which allowance being, in equal proportion, certifiedand he shall have all the powers and emoluments forto the county treasurers of the several counties of theirthe time, that regular clerks have by law; and wheneverrespective district, they shall pay the same out of anythe office of clerk to any court shall become vacant,money in their treasuries not otherwise appropriated.from any cause whatever, the records, papers, books,6. The several clerks of the circuit courts of thispresses and stationery, and everthing belonging or appertainingto said office, shall be delivered over to theempowered, to administer oaths cases wherein annation, and their deputies, shall be, and they are hereby-successor in office by the person, or persons, having theaffidavit is necessary, as the foundations of any officialsame, whenever demanded; and it is hereby declared toact to be performed by such clerks, which affidavit shallbe the duty of such successor, to demand the same, andbe filed, and in every respect be as effectual as if thetake in his care and safe keeping all such records, books,oath had been administered by any judge or a court ofpapers, presses, stationery, and whatsoever belongs torecord; and any person sworn by any sAch clerk, or his-the said office; and in case of refusal or detention of thedeputy, by virtue of this act, shall give evidence underPro tempore--4or such circumstances, as would have constituted the samethe time being.

-140 LAWS OF THE CHOCTAW NATION.to be perjury if done in the presence of a court of record,.the same shall be deemed perjury to all intents and purposes.7. The clerks of the several circuit courts of thisnation shall, in addition to the fees allowed them by law,be entitled to the sum of three hundred dollars a year,.to be paid quarterly, upon the certificate of the circuitjudge, to the national auditor, who shall issue his war-,rant and the national treasurer shall pay the same.8. It shall be the duty of circuit clerks of theseveral judicial districts within this nation, to make outand certify to the national auditor, or county treasurersof the several counties of their respective districts, asthe case may require, within one month after the adjournmentof each term of the circuit court of their respectivejudicial district, a fair abstract of all fines andpenalties, which shall be assessed, had or recovered inhis court at the term thereof, specifying therein thenamesof the person, or persons, the amounts of the finesand penalties, and the offenses for which the same areassessed ; and in case such clerk shall wilfully neglectto transmit such abstract as above specified, he shallforfeit and pay into the national treasury the sum oftwenty-five dollars, to be assessed by the circuit judge,and collected by the sheriff, as other fines are collectedand paid over. \9. The circuit clerks of each judicial district in this.nationare hereby required to cause to be removed allcases properly belonging to the courts of which they areclerks now pending untried, and place such cases on.docket for trial at the first term of the circuit court forthe judicial district hereafter to be holden ; and the circuitclerk of each district shall tax, with his own bill ofcosts upon the decision of any and all suits or causes,civil and criminal, so removed, the costs due thereon, toJUDICIAL DEPARTMENT. 141the clerks of the courts from whence they were removed;and all the costs so taxed shall be collected by executionand sale on failure of the party who may be adjudgedto pay the same to do so, and the circuit clerksaforesaid are hereby required and directed to takecharge of all books, papers, and record of cases, civiland criminal, that have been disposed of in any of thecircuit courts aforesaid, and which the judge of the circuitcourts of the particular judicial districts shall saybelong to the court of which he is judge, and shall fileaway and preserve the same in his office in the order inwhich they were decided. APPROVED OCT, 30, 1883,SECTION V.DISTRICT ATTORNEYS.1. Be it enacted by the general council of the Choctawnation assembled; District attorneys shall continuein office during the term of two years; and said districtattorneys shall before they enter upon the duties of theiroffice severally take and subscribe the oath prescribedin the constitution, which oath shall be administered bythe principal chief, or any of the several judges, andcertified on their commissions, and shall reside withintheir respective districts; and it shall be the duty of saiddistrict attorneys to appear and prosecute for the nationin all cases in their respective circuits in all criminalprosecutions and in all civil cases where the nation orany county in their respective circuits may be a partyinterested; and all accounts of a public nature beforethey are allowed by any of the circuit courts shall bepresented to the district attorney of the proper circuitfor his approval in writing; and it shall be the duty ofthe district attorney to give his opinion in writing to thecounty treasurer in all cases concerning the revenue andexpenses in any county of their respective circuits when-

•142 LA.mrs OF THE CHOCTAW NATION.ever required, and shall when thereunto required by anytreasurer of any county in his circuit institute and prosecuteto effect before the proper court, all persons indebtedto the nation, or any county within the same, inthe manner that may be prescribed by law.2. Be it further enacted, That if any district attorneythrough neglect fail to attend any term of thecircuit court of their respective circuits, the circuit courtin which such failure is made is hereby authorized andrequired to employ some attorney to act for the nationin the place of such district attorney so failing to attend,and the attorney so employed shall for his services bepaid by the district attorney so failing to attend, suchsum as shall be allowed by the said circuit court, not inany one case, and for one failure to exceed twenty-fivedollars ; provided, said district attorney so failing shallhave been prevented to attend by sickness or high water,which are satisfactory to the circuit court, then such attorneypro tempore be allowed twenty-five dollars outof the national treasury, upon the certificate of such circuitjudge to the national auditor, who is hereby requiredto issue his warrant therefor.3. Be it further enacted, That in all cases of convictionof felonies, the district attorney shall be alloweda fee of ten dollars, and in all cases of conviction for misdemeanorsa tax fee of five dollars shall be allowed saiddistrict attorney, which shall be taxed in the bill of costscollected, and paid over to the district attorney entitledto the same.4. Be it further enacted, That if any district attorneyin this nation shall in any manner consult, counsel,advise or defend a person within this nation chargedwith any crime, misdemeanor, or breach of any penal*Pro tempore—for the time being.JUDICIAL DEPARTMENT. 14astatute, the district attorney so offending shall, on convictionthereof in any court of competent jurisdiction, befined in a sum not exceeding two hundred dollars, andshall be removed from office, and be rendered incapable -thereafter of filling any office of profit or honor in thisnation.5. Be it further enacted. That in addition to the'fees allowed the district attorneys by this act, they shalleach be entitled to receive, as a compensation for theirservices, out of the national treasury, viz: District attorneysof Mosholatubbee and Pushamataha districtseach receive the sum of three hundred dollars, and thedistrict attorney of Apuckshunnubbee district the sumof three hundred and fifty dollars , t beyearly upon presentation of the account therefor, whenthe national auditor shall issue his warrant for the same-upon the national treasury.SECTION VI.A p Ro) v aid quarter-888,COUNTY COURTS AND COURTS OF PROBATE.1. Be it enauted by t he general council of the Choctawnation assembled: The county court and court ofprobate established in each county of the Choctaw nation,shall be styled the county court of ("Minty,(as the case may be) and the judges elected therefor, beforeentering upon the duties of their office, shall takeand prescribe the oath prescribed in the constitution beforeany judge of a court of records, which oath thustaken and subscribed, shall be recorded on the minutesof the county court, and on failure of such judge-elect toqualify, as prescribed by law, for the space of twentydays after said election, shall be deemed disqualified tohold the office, and the vacancy shall be filled in thesamemanner as other vacancies in said office.%Ad ;

JUDICIAL DEPARTMENT. 145144 LAWS OF THE CHOCTAW NATION.2. The county court in each county shall have aa seal of said court, with the style of the court aroundthe margin, and an eagle in the center, which shall bekept by the clerk and affixed to all letters of administration,testamentary and guardianship; to all certificatesof the court or of the clerk, and to every writ and processof every kind issued from said court; the cost of whichshall be paid out of the county funds upon the certificateof the county judge.3. The county court shall have jurisdiction in allcases relative to probate of last wills and testaments,the granting of letters testamentary, and of administration,and repealing the same ; in the appointment anddisplacing of guardians of orphans, minors, and personsof unsound mind or idiotic ; in the settlement and allowanceof accounts of executors, administrators and guardians;to hear and determine all controversies respectinglast wills and testaments, the right of executorship, administrationor guardianship, or respecting the duties oraccounts of executors, administrators and guardians ; toaward process, and cause to come before su.ch court allpersons whom they may deem it necessary to examine,whether parties or witnesses, or who as executors, guardiansor administrators or otherwise, shall be interestedor in anywise accountable for any lands, tenements,goods, chattels, moneys or effects, belonging to anyminor, orphan or persons of unsound mind, or idiotic, orthe estate of any deceased person_ Said county courtsshall have exclusive original jurisdiction in all mattersof contract or controversy, where the sum in controversyis not over fifty dollars. The several county courts ofthis nation shall have power to punish any person whomay be guilty of a contempt of such courts in like manlieras a circuit court of law.4. Any person who has been, is, or may hereafterbe, elected to the office of county judge of any county inthis nation, and who shall at the time of his election beexecutor, administrator or guardian in such court, andnot having settled his final account thereof, shall be disqualifiedfrom acting as county judge in such case, butit shall be his duty to apply to the county judge of anadjoining county, who shall have full authority to proceedtherein, and shall cause his proceedings thereon tobe recorded in the clerk's office of the county court ofthe county from which the same shall have been so removed.When any judge of a county court shall be relatedby affinity or consanguinity to eit her party, or havingany interest in the cause pending in said court, suchjudge shall be incompetent to try said cause, and it shallbe his duty to appoint any discreet person qualified totry that case for which he is disqualified; provided, thatthe incompetency of such judge may be waived by theinterested parties, and entered of record, and his competencyto try the cause be restored. The election of anattorney at-law, to the office of county judge shall notdeprive suet attorney of the right to practice in his profession,in any court of law, except the court of which heis judge; provided, that he shall not prosecute, or de.fend, or advise either party in any matter or cause whichhe may have decided, and on which an appeal or otherproceedings are had in any other court in this nation;and if any judge of a county court shall aid, abet, orcounsel, or advise in any such matter, cause or controversy,he shall be deemed guilty of a high misdemeanor,and may, for the same, be removed from office.5. It shall be the duty of the county judge of eachcounty in this nation, to hold a court at the place fixedby law for holding county court in his county on thefirst Monday in every month, which may continue for

NpumuIRROMPIII _146LAWS OF THE CHOCTAW NATION.four days, if business so long requires, and no longer,and the sheriff of the county shall attend said courts andshall serve all summons or process to him directed, frontthe county court of his or any other county within thenation, and shall make returns thereof, according to thetenor of the same ; and on failure, he shall be liable tobe proceeded against in the same manner as for the likefailure in other cases. Each county judge may hold aspecial term of his court by giving ten days' notice, inthree public places, and specifying the causes to be triedat such special term, and no other business shall be disposedof at that term.6. It shall be the duty of the judges of the countycourts to keep respectively in their courts a docket-bookof all causes pending in their courts, on which docketshall be entered, in the order in which they are made,all applications for letters testamentary, of administrationand guardianship, and all other suits and causes, insaid courts, whether commenced by bill, petition, or motion,and whether the same be ex parte,* or between oneor more persons or parties litigant in said courts ; andat each term of said courts, it shall be the duty of thejudges thereof to take up and dispose of the businesspending between them in the order in which the same isentered upon their docket.7. In all cases in which any county court shallmake and. enter a judgment and decree against any partylitigant therein, or against any executor, administratoror guardian, for payment of a sum of money by saidparty litigant, executor, administrator or guardian, toany other party entitled to the same,by the terms of saidjudgment or decree, said court shall have power to enforcea compliance with the terms of such judgment or decree*Ex parle—"on one part;" as, ex pane evidence, that which isbrought forward by one side only.JUDICIAL DEPARTMENT.147by process of fiert facias,* issued by said court, returnableto a term of said court, not less than thirty, nor morethan ninety days front the date of the process, which processshall be executed by the sheriff of the proper countyupon the tenements, goods and chattels of the partyagainst whom the same shall be issued, or by process ofattachment against the person of the party against whomthe judgment or decree shall have been rendered ; pro_vided, that no such attachment shall issue until the partyagainst whom the same is prayed shall have been citedto appear at some regular term of the court to show causewhy it should not be issued ; and if upon the service ofthe citation, the party shall fail to appear, and showcause aginst the issuing of the attachment, the courtshall issue a peremptory attachment commanding thesheriff to imprison the person or the party, until theycomply With the judgment of the court. The countycourts shall have power, and are hereby required to en-tertain bills of review, for the correction of any interlocutoryorder, or final decree of said courts in proceedingsfor the -final settlement of any executor, administrator orguardian ; any person interested by bill of review mayopen and cause to be examined by the courts, any annualor partial settlement made by such executor, administratoror guardian, and surcharge and • falsify the_accounts rendered upon such settlement, and any personinterested may, at any time within two years afterfinal settlement, by bill of review, open the account ofany executor, administrator or guardian, and surchargeand falsify the same, and not after, saving to minors andmarried women, the same time after the removal of theirdisability. No order or decree affecting the rights orinterests of any minor, shall be valid and binding upon* Fieri facias—a writ for one who has recovered a debt, damagesor costs, commanding the sheriff to levy the same on the goods of himagainst whom the recovery was had.

•148LAWS OF THE CHOCTAW NATION.said minor, or his or her interest in any estate adminisguardian,if a resident of the county in which the proteredin any county court in this nation, unless his or herceedings are had, shall be first personally served withs'-e days' notice to appear and defend the rights of said0 or, or if the guardian of such minor be not a resident'd county, and do not apper, pr if the guardian,resident or not of the county, be a party personstedto give validity and effect to any suchTee, the court shall appoint a .guardian adti, c!ct the interest of such minor.zz,titior on or persons who may wish to adoptI S I, orphan child or children, shall file atghl :!!! the pwith the county clerk of the countycitch shall remain on file for thirtyhe a s °'?'binding a 'ust cause is shown why the pecou nen. then the county judge shall9. The infollinthe same to be recorded itile probate courtsowg Fillet! t1 tle tadoption shallshall die intestate, Of this'.cial ac of the generabate court of the being a cit.greatest porti c oI . h , .unty be established eu indeath, on of' his effects in whi3i'.,vhen any p ersonof shall have the wertnation' the pr ()- oright to entertain',,thepreferadministration nearest of kin upon the estate of saiLme edied' ofr'3-hisnce to abydin i nister b ;1( pertion within thirty days from )°211-ov(- the z).IḍellISoncltgyeti8;11:illtlite,taif no petition is filed by the kin aforesaid, death of then any ttrihtinterested in the administration the Part,*4dii,have the right to administer. All petitions of said filed estate in courts,1i/eft—Guardian to defend a _minor sued.shallJUDICIAL DEPARTMENT.149for letters of administration shall set forth the time andplace of the death of the party, and the probable amountof the estate, and the heirs interested in said estate: thepetitiOn so tiled shall be received in court for thirty daysbefore acted upon, in which time all pet-sons interestedin said estate shall tile in writing if they wish objections,to the granting of the petition on tile at least five daysbefore the hearing Orm thereof; if no objections are filedthe court shall proceed to action upon the petition onfile. If the petition is granted the petitioner shall executebond with approved securities, payable to thecounty judge and his successor in office, in a sum equalto the value of the estate to be administered, which bond,if deemed sufficient. shall he approved by the judge andfiled in the clerk's office to be sued upon by any personinjured by the illegal administration of the estate uponthe part of the administration; the court shall, after theapproval of the bond, cause the clerk to issue letters ofadministration to the party, Wilieh letters shall authorlzethe administrator to collect the estate by suit orotherwise, and true inventory return, into court, underoath. The personal estate of the deceased, if any. shallbe appraised by three disinterested persons commissioned and sworn by the clerk to receive and appraise thepersonal effects of the said deceased, and return an appraisementof the same in to court, and the amount ofappraisement shall be charged against the administratorto be accounted for in the final settlement of his administration.The administrator shall settle and collectall claims and accounts for and against the estate, asdecreed by the court; provided, if on the return of theinventory of any intestate estate, it shall appear that thevalue of the whole estate does not exceed the sum ofone hundred and fifty dollars, the probate court may,by a decree for that purpose, assign for the use and sup-

L, 18CM1 50 LAWS OF THE CHOCTAW NATION.port of the widow and children of such intestate, or for thesupport of the children under seven years of age, if therebe no widow, the whole of such estate, after the paymentof the funeral charges and. expenses of administration.But in case the personal estate shall amount tomore than the allowances mentioned herein, fifty percent or one-half of the value of the whole estate shall beapplied to the payment of lie debts of the deceased,with charges of his funeral and of settling his estate.10. That all proceedings in court shall be in writingand filed in court five days before hearing termthereof and the court shall consider and adjudge thesame. That it shall be the duty of the administrator tosettle up the estate as soon as the interest of the estatewill allow. The final settlement of an administratorshall remain on file for inspection thirty thirty days, andobjections thereto shall be filed in writing, if any; andthe court shall consider, and dispose of them accordingto law. If the final account of an administrator is allowedby the court he shall transfer the residue of theestate in his hands to the county clerk and take his n-ceipt therefor, and the said administrator's bond shallthen be cancelled. The appraisers of an estate shalleach receive one dollar and a half per day during thetime they are engaged in making the appraisement, andto be paid by the administrator and charged to the es •tate. And the administrator shall be allowed a compensationnot less than five per centum nor more than sevenper centum . upon the whole value of the estate administeredwhich shall be allowed by the court in the finalsettlement of the estate.11. The law in reference to administrators shall bealso applicable to executors and guardians, and all writtenwills shall be attested by two or more witnesses andbe exhibited for probate within six months after theJUDICIAL DEPARTMENT. 151death of the party ; and wills not -written shall be probatedwithin three months after the death of the party,and be attested by at least two witnesses not interestedin the estate conveyed in the will; and no guardian shallbe allowed to sell the effects of any minors in his handexcept for the support and edueation of the "ward," butit shall be lawful for any person who may be appointedguardian of minor children to get an order from courtto sell any of their real estate or personal property forthe benefit of such minors, either in or out of this nation,and such sales shall be good and binding on such minorswhen they become of age ; also, when any person isproved to be in a state of derangement of mind, or anidiot, and possessed of property, there shall be a guardianappointed, with the same power and instructions asspecified in the law in reference to minors ; and all judgmentsand decrees of the probate courts shall be enforcedby law for and against the estates of deceasedpersons.12. The property of all persons who die intestate,or without a will, shall descend to his legal wife, or husband,and their children; and in case such deceasedperson has neither wife, nor husband, nor children, hisor her grandchildren (if any) shall inherit the estate;and in case there is no grandchild the father or motherof such deceased person, or either of them shall heir theestate; and in case such deceased person has neitherwife, nor husband, children, or grandchildren, or fatheror mother, his or her estate shall go to his or her brothersand sisters, and if none, to ther lawful children.Should there be none of the above mentioned relativesto the intestate deceased person, the estate shall descendto the half brothers and sisters of the deceased personand to their legal issue.

-Eiv—uskni-4itow152 LAWS OF THE CHOCTAW NATION.JUDICIAL DEPARTMENT.15313. The judge of the county court, without the consentof either party to a suit, may, if necessary adjournthe cause, not exceeding thirty days. The judge of thecounty corn t, on the application of either party, on goodcause shown, may adjourn a cause not exceeding thirtydays for any one adjournment, and may adjourn for alonger period with the consent of both parties. No adjournmentshall be allowed upon the application of aparty, unless such party satisfy the judge by his ownaffidavit, or the affidavit of some other person, that hecannot safely proceed to trial for want of some materialtestimony or witness; that he has used due diligence toobtain the same, and that if an adjournment be allowedhe will he able to procure such testimony or witness intime to be used on the trial.14. A subpcena by a county judge shall be valid tocompel the attendance of a witness before such judge inthe same county where the cause is to be .tried, or beingin an adjoining county. Whenever it shall appear tothe satisfaction of a judge by proof made before him thatany person duly supcenaed to appear before him in asuit, shall have failed, without just cause, to attend as awitness in conformity to such subpcena, and the partyin whose behalf subpcena was issued, or his agent, shallmake oath that the testimony of such witness is material,the judge shall have power to issue a writ of attachmentto compel the attendattoe of such witness. Every personduly subpcenaed as a witness who shall not appearshall forfeit and pay a fine for the use of the county inwhich he is subpcenaed to appear, unless some reasonableexcuse shall be shown on the oath of such witnessor the. oath of some other person—such fine not exceedingten dollars, as the judge shall think reasonable toimpose; and the.judge shall make an entry in his docketof the conviction and of the cause , thereof.15. Either party to a civil suit depending before acounty judge upon notice to the other party, may causethe deposition of every witness therein to be taken byany judge of this nation. No such deposition shall betaken unless notice in writing of the time and place oftaking the same, shall have been previously served onthe other party at least three days before the takingthereof.16. Any person aggrieved by the judgment renderedby a county judge, and accept a judgment of non-suit,may, in person or by his agent, make his appeal therefromto the district circuit court of the same districtwhere the judgment was rendered. No appeal shall beallowed, unless the following requisites be compliedwith: First, the applicant, or some person for him,shall make and file with the judge an affidavit withinten days after the judgment was rendered, setting forththat the appeal is not taken for the purpose of delay,but that justice may be done him; second. the affidavitmust also set forth specially, what part of the judgmentor decree of the court he may take exceptions to, whenall of which is complied with, the judge may grantsuch applicant an appeal, which shall be delivered tothe clerk of the circuit court at , least ten days beforethe first day of the term of the circuit court, and enteron the docket for trial before the circuit court.17. When a man and woman intermarry with eachother, each one shall retain the right of the propertythat he or she may bring into the marriage union at thetime they are joined together in the bonds of matrimony,and neither party shall have the right to dispose of theother's property without the consent of the other; andif the property of the wife or husLand is disposed of byeither party without the consent of the other, a suitmay be instituted in the courts of this nation, and the

?)c),154 LAWS OF THE CHOCTAW NATION.property so disposed of, restored to its proper owner, orthe value thereof recovered. But property that may beaccumulated by the joint exertions of a man and his wifeafter they are married, shall be held in common, andsubject to the disposal of the husband for the mutualsupport and benefit of the family. No will that is madeby the husband or wife, conveying such property withoutthe consent of the other, shall be valid.18. It shall be lawful for the clerks or the countycourts to issue execution for the cost or any suit or proceedingwhich may originate in said court, and thesheriff* shall collect and return the same in the samemanner as if issued by the clerk of the circuit court.19. All books for minutes, records, and other mattersdeemed necessary for the use of the clerks of theseveral counties in this nation, shall be procured by theclerks thereof, and the accounts therefor certified to bythe judges of said courts, and paid out of the countytreasury of their respective counties.20. The county judges of this nation shall receiveas a compensation for their services, the sum of onehundred and fifty dollars each per annum, to be paidquarter-yearly ; when they present their accounts to thenational auditor he shall issue his warrant for the sameout of the national treasury. But whenever the countyrevenue in any county exceeds the sum of five hundreddollars per annum, the county judge thereof shall beallowed an additional salary of fifty dollars, and thesame sum for every additional five hundred dollars ofrevenue until the revenue reaches the sum of fifteen hundreddollars, beyond which no additional sum per annumshall be allowed said county judges ; provided, the increaseof compensation allowed by this act shall bepayable out of the county treasury.IiI tJUDICIAL DEPARTMENT. 15521. Judges of the county courts of this nation shallhave the power to direct the clerks thereof to issue summonsfor jury of seven disinterested persons of the countyto try such cases as properly belong to the jurisdictionof said court, if they deem necessary ; and suchwrits of summons shall be executed by the sheriff intheir proper county ; and the party or party losing suchsuits shall pay said jurymen one dollar each per day,for every day's attendance on court, and five cents permile traveled, going to and returning therefrom, and thecost of summoning witnesses and other expenses, etc.shall be paid, as provided for by law, in the circuitcourt.APPROVED G3T. 30, 1888,SECTION VII.CLERKS OF COUNTY COURTS.1. Be it enacted hy the general council of the Choctawnation assembled: The clerks of the county courtsshall hold their offices for the term of two years, unlesssooner removed for misdemeanor, or other disqualifyingcause, from office, and before entering upon the dutiesof their offices shall take the oath of office prescribed inthe constitution, which oath, when taken and subscribedshall be entered on the records of said court ; and anyjudge of a court of record shall be qualified to administersuch oath to the clerks aforesaid ; any clerk tailingor refusing to take the oath of office for fifteen days afterhis appointment, shall be incompetent to hold the office,and the vacancy shall be filled in the same manner asother vacancies in said office are filled. Also, they shall,before they enter upon the duties of t177;ir office, enterinto bond with good security, payable to the principalchief of the nation and his successors in office, in thesame manner, and in the same penalty, and with the-

156 LAWS OF THE CHOCTAW NATION.same conditions as is required of the several circuitclerks of this nation, which bond shall be recorded andfiled, as is prescribed for the said circuit clerks' bond.2. It shall be the duty of the clerks of the countycourts to keep and 'preserve all records, files, books, papers,and the proceedings of said court, to record all lastwills and testaments, duly proved and approved, all accountsfinally allowed, all inventories and appraisementsduly made and sworn to, to issue all citations,.subpcenasand other process, as issue of course, and all such as aredirected by the court in term time, or the judge in vacation,and to do and perform all those- things that appertainto the office of a clerk of the county court; and theclerk's office in term time shall be under the direction ofthe court, and in vacation under the direction of thejudge of said court.3. The clerks of the county courts in this nationshall keep their offices at the places designated by lawfor holding said courts; but in all cases where officeshave not been provided for the clerks of the courts, suchclerks may keep all the books, records and papers belongingto their offices, at such places as the countyjudges may direct and so enter of record. Said clerksmay appoint deputies in the same manner as is providedby law for the appointment of deputy clerks of the circuitcourts, and such deputies shall have power to act inthe name of their principals; and the said clerk, or hisdeputy, may, either in term time or vacation, administeroaths in relation to the probate of accounts, and as to allmatters connected with the proceedings of the countycourt, and also to administer oaths in all cases whereinan affidavit is necessary, as to the foundation of anyofficial act to be performed by any such clerk. Andwhenever the office of county clerk shall become vacantfrom any. cause whatsoever, the records, books, papers,JUDICIAL DEPARTMENT. 157stationery and averything in anywise belonging to, orappertaining to said office, shall be demanded, deliveredover and secured in the manner; and in case of refusalor detention, under the penalties prescribed in thelaw defining the duties of the clerks of the circuit courtsin this nation. In caserthe clerk of the county court inany county shall be at any time unable to attend saidcourts, from any cause whatever, it shall be lawful forthe judges of the county courts, in case there is no deputyclerk of said court present, to appoint a person toact as clerk pro tempore,* who shall take the oath ofoffice faithfully to discharge the duties of the same, andfor his services as clerk he shall be entitled to the feesallowed by law to the clerk of said court.4. The county court in each county shall makeallowances of all sums necessary for furnishing theclerk's office with tables, chairs, and presses to preservepapers, to be paid out of the county treasury of theproper county, under direction of the county judge.5. It shall he the duty of each clerk Of the countycourts to record in the books provided for his office alldeeds, mortgages, conveyances, deeds of trust, bonds,covenants, or other instruments of writing, or of concerningany tenements, Or goods and chattels, whichshall be proved or acknowledged according to law, andall marriage contracts and marriage certificates, and allcommissions and official bonds, required to be recordedin his office. And shall record immediately upon recepdonall and every character of instruments of writingtiled in said office, if in conformity with the requisitionsof the law, by entering them word for word, and letterfor letter, and noting at the foot of the record the day ofthe month and year the same was deposited in his officefor record. And when any deed, mortgage, deed of* Pro temfiore—for the time being.

-•JUDICIAL DEPARTMENT. 159158 LAWS OF' THE CHOCTAW NATION.trust, bond, conveyance, or other instrument of writing,authorized by law to he recorded, shall be deposited inthe office of the county clerk of any county for record,the clerk shall enter in a book, to be provided for thepurpose, in alphabetical order, the names of the persons,and date, and nature thereof, the time of delivery forrecord, and shall, if required, give the person deliveringthe same a receipt specifying the particulars thereofand it shall he considered as recorded from the day itwas delivered for record, and the clerk shall certify andattach to every such deed, mortgage. conveyance or deedof trust, bond, mid other instrument of writing so recorded,the day.ot the month and year when he received it,and the book and pages in which it was recorded, anddeliver -the same to the party entitled thereto or hisorder.6. Each county clerk shall provide and keep in hisoffice a well bound book, and make and enter therein anindex in alphabetical order to all books of records,wherein deeds, mortgages, or other instruments in writingare recorded, distinguishing the books and papers inwhich every such deed of writing is recorded. Said indexshall contain the names of the several grantors andgrantees, in alphabetical order; and in case the deed bemade by a sheriff, the name of the sheriff and the nameof the defendant in execution; and if by executor or administrator,their names and the names of their testatoror intestate; and if by attorney, his name, and that ofhis constituents; and if by a commissioner, his name,and that of the person whose estate is conveyed. Thateach clerk shall, in like manner, make, keep and preservea full and perfect alphabetical index to all booksand records in his office, wherein all deeds and instrumentsof writing in relation to personal property, marriagecontracts, certificates of marriage, and all other papersand records, and a like index of all the bcoks ofrecords wherein commissions and official bonds are recorded;the names of the officers appointed or elected,and of the obligors in any bond- recorded, and a refer •ence to the book and page where the same are recorded;and that each clerk shall make a reference in the severalindexes of all deeds and conveyances which may behereafter recorded, so as to afford at all times an easyreference to such records.7. Any county clerk to whom any deed or otherwriting proved or acknowledged according to law shallbe delivered for record, shall neglect or refuse to makean entry thereof, or give receipt therefor as required bylaw, or shall neglect or refuse to record such deeds orother writing within a reasonable time after receivingthe same, or shall record any deeds or instruments ofwriting before another first deposited in his office, andentered to be recorded. or shall record any deed or otherwriting incorrectly, or shall neglect or refuse to provideand keep in his office such indexes as required by law,he shall forfeit and pay the sum of one hundred dollars,to be recovered by action of damages, one-half to use ofthe county and the other half to the use of the personwho shall sue for the same, and also be liable to anyson injured for all damages he may have sustainedP"thereby, to be recovered by action of damages on theofficial bonds of such clerk or by special action the case.And if any clerk shall wilfully neglect to perform anyof the duties required of him by law, or shall performthem in any other manner than is required by law, heshall be deemed guilty of a misdemeanor in office aridshall be removed therefrom; provided, that no clerk shallbe bound to record any deed or other instrument of writingfor which a fee may be allowed by law, until suchfee shall have been paid or tendered to him by the party

Vr, ___Amaiumou160 LAWS OF THE CHOCTAW NATION.requring the record to be made. And it any clerk shallknowingly make any false entry, or erase a letter, orchange any records in his keeping, belonging to hisoffice. every such clerk so offending shall, on convictionthereof, be fined and imprisoned at the discretion of thecourt, and shall, moreover, be liable to the action of theparty aggrieved.8. The county clerks of the several counties in thisnation shall be entitled to receive as a compensation fortheir services, the sum of fifty dollars a year, each to bepaid quarter-yearly on the county judge's order to thenational auditor, who is directed to issue his warrant onthe national treasurer for the same.9. The clerk of the county court in each countywithin this nation shall be county treasurer, who shallhold his office for the term of two years, unless soonerremoved; shall be commissioned_by the principaland before he enters on the 'duties of his office, he shalltake and subscribe the oath prescribed in the constitutionbefore the county judge of the county for which heis appointed, which shall be certified by the countyjudge administering the same on the back of his commission.and shall also give bond with two or more goodand sufficient securities to be approved by the judge ofthe county court, in such penalty as said judge may direct,payable to said judge of said court of - countyfor the time being, and his successor in office with thelike condition, after making the necessary changes as isdirected by law to be given in the bond of the nationaltreasurer, which bond, with the approbation of the securitiestherein named endorsed thereon, shall, togetherwith the endorsement be recorded in the office of theclerk of the county court of the county for which saidtreasurer is appointed, and the bond filed in the sameoffice, there to be safely kept and preserved, and may beJUDICIAL DEPARTMENT.161sued on in the like manner, and with like effect, in allrespects as the bond given by the national treasurer.And if any county treasurer shall neglect or refuse togive bond and security, and take the oath of office asaforesaid, for the space of ten days after he shall havebeen appointed, such appointment is hereby declaredabsolutely null and void, and the judge of the countycourt shall immediately appoint another in his place,with the like conditions aforesaid in this paragraph.10. It shall be the duty of each county treasurer toreceive and keep the moneys of the county, to disbursethe same agreeable to law, and take receipts for allmoneys he shall so disburse ; and he shall keep regularaccounts of the receipts and expenditures of the fundsof the county, and of all debts due to or from the countyof which he is treasurer, and direct prosecutions accordingto law, for all debts that are or shall be due to thecounty for which he is appointed. It shall be the furtherduty of the several county treasurers to make a detailedreport, quarter-yearly, of his county, of all moneysreceived by them, and the disbursement thereof ; thatall debts due to and from the county, may clear and dis-Iinctly appear ; and if any county treasurer shall neglector refuse to make such report, he shall forfeit andpay , the sum of one hundred dollars for every such neglector refusal, to be recovered by action of debt, or informationin the name of the judge of the county courtof such county in any court of ,competent jurisdiction,and applied to the use of the county ; provided, that ifthe county treasurer fail to make the reports on accountof sickness, or any other lawful excuse, then he shall notbe prosecuted for the same. The county treasuer ofeach county is hereby empowered and required to examinethe accounts, dockets and records of the sheriffand ranger of his county, for the purpose of ascertainingII

JUDICIAL DEPARTMENT.163whether any moneys, of right, belonging to such county,may be in their bands.11. When any allowance shall be made by anycourt to any person payable out of the county treasury,the clerk of such court shall make out a fair copy of theaccount so allowed, and certify such allowance underhis hand and seal of office, and recite therein under whatstatute it was made ; and if the county treasurer shallhave any doubt of the propriety of any such allowancemade as aforesaid, he shall not pay the same, but shallmake report thereon to the next succeeding meeting ofthe county court, for its consideration ; and no courtshall be authorized to make any allowance payable outof the county treasury, unless the same be provided forby some act or resolution of the general council ; and nomoney shall be paid out of the county treasury to anyperson or persons unless the same shall have been previously allowed by the county court of the proper county,or some other court or officer lawfully authorized tomake allowance, and duly certified.. 12. If any county treasurer shall misapply, wasteor embezzle any money in the treasury of the county, itshall be the duty of the national attorney, or districtattorney of the proper district, to proceed against suchdefaulting treasurer and his sureties, for the amount ofthe money so misapplied, wasted or embezzled, by motion,in the name of the judge of the county court, forthe time being, in the circuit court for the county whereinsuch default was made, ten days' previous notice ofsuch motion being first given to such county treasuryand his sureties ; and the court may, on such motion,direct a jury to be impanneled instantly for the trial ofthe issue, if the defendants appear and plead, or to inquireof damages, if the defendants make default ; andif, on such trial, the treasurer shall be convicted, he andhis sureties shall be adjudged to pay double damages ;and, moreover, such county treasurer shall be therebyrendered incapable thereafter of holding any office ofhonor or profit under this nation.13. It shall be the duty of the clerks of the circuitcourts in this nation, within ten days after the adjournmentof their courts respectively, to return to the countytreasurer of the proper county, a list containing a statementof all fines, penalties and forfeitures imposed bysaid courts respectively, which may be payable, in wholeor in part, into the county treasury of such county, notcontained in any previous return, together with the nameof the sheriff, clerk, or other officer, who has received anysuch fines, penalties, forfeitures, or become liable to paythe same by law, in order to enable the said countytreasurer to collect the same according to law; and everyclerk failing to perform the aforesaid duty shall forfeitand pay the sum of one hunthed dollars, to be recoveredby the county treasurer of the proper county, by actionof debt or information in any court of competent jurisdiction,and paid into the county treasury for countypurposes.14. When any sheriff, clerk, or other officer whohas received, or become liable by law, for the paymentof any fine, penalty, or forfeiture, and shall not withintwenty days after his having received the same, or becomeso liable, account with the county treasurer of theproper county, and pay the same into the treasury thereof,then, and in every such case, it "shall and may belawful for the said treasurer, upon motion made in thecircuit court for said county, to demand judgment againstsuch sheriff, clerk or other officer, and their sureties, forthe amount of such fines, penalties, forfeitures, as afore_said, and such court is hereby required to give judgmentaccordingly, and award execution thereon; provided,

164 LAWS OF THE CHOCTAW NATION. JUDICIAL DEPARTMENT. -165that such sheriffs or other officer have ten days' previousnotice, in writing, of every such motion. And it shall bethe duty of the national attorney and district attorneys,in their respective pistricts, to attend to the prosecutionof all suits against any defaulting officers named in thisact.If the county treasurer of any county withinthis nation shall 4,convicted of having violated any ofthe duties enjoin7d on hint by law, the judge of thecounty court shall vacate the commission of such countytreasurer, and the vacancy occasioned thereby shall besupplied by the judge of the county court, to be commissionedby the principal chief; oath, bond and securitiesto be given, as is required in the n'inth paragraph ofthis section.16. The judge of the county court of each and everycounty in this nation is hereby required to allow thecounty treasurer of each and every county a recompenseof five per cent on all moneys paid into the county treasuryfor county purposes.SECTION VIII.SHERIFFS.APPROVED (Y!..r, 21, 1888,1. Be it enacted by the general council of the Choctawnation assembled: Every sheriff in the Choctaw na -don shall be commissioned by the principal chief, andbefore he enters on the duties of his office, he shall takethe oath of office prescribed in the constitution beforethe county judge, and enter into bond with good and sufficientsecurities, to be approved by the county judge ofsuch county, in the penalty hereinafter specified, payableto the principal chief of the nation for the time being andhis successors in office; the condition of such bond shallbe in the form or to the effect following, to-wit: The conditionof the above obligation is such, that, whereas, theabove bond — was duly elected by the qualifiedelectors of the county of sheriff of said county,at an election held on the — day of , for theterm of two years; now, therefore if the saidshall well and truly collect all fines and forfeitures accruingto or becoming due to the nation, or any countywithin the same, which may lawfully come into hishands for collection against any person or persons residingor being found within the county of which he issheriff, and shall punctually pay all such fines and forfeituresso collected to the person or persons entitled bylaw to receive the same, and shall also well and trulyexecute and make due return of all process and preceptsto him lawfully directed. and pay and satisfyall sums of money by him received by virtueof any civil process or precepts to the personor persons to whom the same are due, his agent orattorney, lawfully authorized to receive the same, his orher executors, administrators, or assignees, and in allthings shall well and truly execute and faithfully performthe said duties of the office of sheriff during theterm of his continuance therein, then the above obligationshall be void, otherwise to be and remain in fullforce and virtue. The county judge shall endorse onsaid bond his approbation of the sureties therein named.and a certificate that he has administered to the sheriffthe oath of office, and shall cause the bond, together withthe endorsement thereon, to be recorded in the office ofthe clerk of the county court, and immediately thereafterdeposit the same in the office of the n ational secretary,there to be safely kept and preserved ; and shall not bevoid on the first recovery, but may be put in suit andprosecuted from time to time at the cost and charges ofany party injured, until the whole amount of the penal-

166 LAWS OF THE CHOCTAW NATION.ty thereof be recovered. An authenticated copy of anysuch bond shall be received in evidence in any court Oflaw in this nation in the same manner as the originalwould be if it were present in court. The sheriffs of theseveral counties in this nation shall respectfully executebonds, with security as aforesaid in the following penalties,to-wit: The sheriffs of Sans Bois, Gaines, Tobucksy,Wade, Nashoba,Jack's Fork and Atoka countieseach in the sum of five hundred dollars ; those of Skullyville,Towson and Kiamichi counties each in the sumof fifteen hundred dollars ; and those of Sugar Loaf,Eagle, Boktuklo, Red River, Cedar and Blue countieseach in the sum of one thousand dollars.2. If the candidate having the greatest number ofvotes as sheriff of any county in this nation, shall fail orrefuse to take the oath of office, and give bond, as bylawdirected, for the space of ten days after he shallhave been duly elected, and notified thereof officially,such election is hereby declared void, and it shall be theduty of the county judge to certify the fact to the principalchief, who shall thereupon fill such vacancy by appointment,as the constitution directs. And in case thesecurities, or either of them, of any sheriff, shall removehis or their residence out of this nation permanently, orshall become insolvent, it shall be the duty of the countyjudge, on satisfactory proof of such removal or insolvency,to notify such sheriff to appear before him at aday and place therein named, within ten days thereafter,to give a new bond with other good and sufficient security,in a penalty equal to that of the former bond, withthe like conditions; and if such sheriff shall fail so to do,the said county judge shall certify the fact to the principalchief, who shall forthwith vacate the commission ofthe sheriff so refusing or neglecting, and he shall fillsuch vacancy by appointment; and if any sheriff shallJUDICIAL DEPARTMENT. 167be found, by inquest according to law, an idiot, lunatic,or non compos mentis,* during the period for which heis elected, or appointed, the principal chief shall fill suchvacancy by appointment. And if any sheriff elect shallpresume t-o . execute the duties of sheriff before he shallhave given bond and taken the oath of office, agreeableto the directions of law, all such of his acts and proceedingsdone under color of office, shall be absolutely void,and he shall for such offense be liable to be indicted fora misdemeanor, and on conviction thereof, before anycourt of competent jurisdiction, fined in any sum notexceeding five hundred dollars.'3. The sheriffs of the several counties in this nationshall have power to appoint one_ or more deputies, whoshall have full power to do and perform all the severalacts and duties enjoined upon the principals, and everysuch appointment shall be in writing under the handand seal of the sheriff, and every deputy sheriff, before'he enters upon the duties of his office, shall take andsubscribe before any judge of a court of records, an oathfaithfully to execute the office of deputy sheriff, accordingto the best skill and judgment, which appointment,with the certificate of the oath thereupon, endorsed andattested by the said jtidge, -shall be by said deputysheriff carefully filed, in the office of the clerk of thecounty court in and for the same county ; provided, thatnothing in this section shall be construed to preventthe sheriff from removing his deputy or deputies atpleasure ; and if any person shall proceed to execute theoffice of deputy sheriff he shall have received anappointment as aforesaid, and taken the oath of office,and filed the said appointment and certificate of such,oath in the clerk's office as aforesaid, then all such ofhis acts and proceedings done under color of office shall*Non comps mentis—"not sound of mind."

168 LAWS OF THE CHOCTAW NATIONbe absolutely void ; provided, no person who may bedeputized by any sheriff to do a particular act onlyshall be required to take the oath directed by this act to-be taken by the deputy sheriff.4. Every sheriff by himself or deputy shall, fromtime to time, execute all writs and other process to himlegally issued and directed in his county, and shall makedue return thereof to the proper court on the day to whichthe same is returnable; and if any sheriff shall fail herein,or shall make a false return on any such writs or otherprocess issued and directed to him as aforesaid, suchsheriff shall, for every such offense, be fined by the courtsinto which such writs or other process is returnable, inany sum not exceeding one hundred dollars. on motion,reasonable notice being first given to the sheriff of suchmotion, one moiety thereof to the party agrieved, and theother moiety to the nation for the benefit and use of thelibrary fund, and such sheriff shall, moreover, be liableto the action of the party injured by such default, for alldamages which he, she, or they may have sustainedthereby, and also such other fines, penalties and forfeituresas may be provided by law against sheriff's for failingto return writs and other process directed to them,or for making ,a false return theieon.5. The sheriff of any county shall have the sameremedy and judgment against his deputy failing to paythe money by him received on any execution or otherprocess to the sheriff or the party to whom the same ispayable, his agent or attorney, or suffering any personin his custody to escape. as the party for whose be,nefitsuch process was issued may have against the sheriff orhis deputy, or the securities of such sheriff. In order noprevent disputes between sheriffs and their several deputies,which of them may have acted in serving executionsor other process. that when any deputy sheriff bathJUDICIAL DEPARTMENT. I 69served any writs, executions, attachments or other processwhatever, he shall indorse on such writs or otherprocess the day of the month and year he or they shallhave served the same, and subscribe his name as wellas that of his principals to the return of such writs orother process; and every deputy sheriff failing hereinshall be liable to the same penalty as is by this act inon the sheriff for a false return, and to be recoveredand appropriated in the same manlier. When anyline, penalty, or judgment which may be assessed orrendered against any sheriff, his heirs, executors or administrators,for or on account of any default or misconductof any deputy of such sheriff, it shall and may belawful for the court in which such tine, penalty or judgmentmay be assessed or rendered, upon motion to themmade by such sheriff, his heirs, executors or administrators,to give judgment against such deputy and his securities,their heirs, executors or administrators, jointlyand severally, for the full amount of all such fines, penaltiesor judgments, and to award execution for thesame; provided, such deputy and his securities and theirlegal representatives have ten days' notice`of such motion6. Every sheriff Who shall have levied any writ ofexecution or process on goods and chattels which shallremain in his hands and possession, unsold at the expiration of his term of service, shall be and is hereby requiredto deliver over such goods and chattels ,so levied uponand remaining unsold 'to his successor in office, takinghis receipt for the same ; and it shall be the duty of thesheriff to whom such goods and chattels are delivered asaforesaid, to proceed to sell the same, after giving thirtydays' notice at three public places, one of which shal)be at the court house or ground, in like manner as hispredecessor ought to have done had he continued in

170 LAWS OF THE CHOCTAW NATION.office ; and to account for and pay the proceeds- of suchsale to the party or parties entitled thereto by law ; andif any sheriff shall fail Or refuse to deliver over to hissuccessor in office any goods and chattels so levied onand remaining in his hands as aforesaid, on demandthereof made, it shall be lawful for the party for whosebenefits such writs of execution orother process issued,to move the court from which the writs or process issuedagainst the sheriff so failing or refusing, and his securitiesand their legal . representatives upon which motionjudgment shall be entered up for the amount of the executionor other process which came to the hand of suchdefaulting sheriff, with interest at the rate of fifteen percentum from the return day of such 'execution; provided,that such "sheriff shall have ten days' notice • of suchmotio7. Every •sheriff shall, at the expiration of his officedeliver all writs in his possession .unexecuted to his successorin office, who . shall give a receipt for the same,and shall execute and return all such writs; and shallalso deliver to his successor a certified list of the namesof all persons confined in the jail of his county, whenthere shall be one jail in each county, otherwise in thejail of the judicial district in which his county is situated,and the cause of commitment, a copy of which list'shall be filed in the Clerk's' office of the county court bythe sheriff receiving the same; protided, however, untiljails are erectectin each county of this nation, it shall belawful for any sheriff* of this nation to receive into theircustody all persons committed to their care as aforesaid.8. If shall be the duty of every sheriff to keep thepeace within his county, by causing all offenders againstthe law to enter into bond with securities for keeping thepeace and appearing at the next term'cif the circuit courtto answer to the charge alleged against them: it shall beJUDICIAL DEPARTMENT. 171his duty to suppress all unlawful assemblies, for whichend he is hereby empowered to call to his aid the powerof the county; he shall pursue, take and commit to jailall persons charged with treason, felony and all othercrimes; and he is authorized to take good bond from the• parties arrested for their appearance at the next term ofthe circuit court, except in cases of murder which shallonly be bailable by the judge of the county court orcircuit court; he shall duly attend upon all thecourts of records at their respective terms in his county,and for such services shall receive, in addition to thefees of office, the sum of twenty five dollars, to be paidout of the county treasury of his county, upon the certificate of the circuit clerk, and one hundred and fiftydollars out of the national treasury; upon the certificateof the circuit judge, the national auditor shall issue hiswarrant on the national treasurer for the same, payablequarterly. It shall also be the duty of the sheriffs ofthe several counties of this nation to execute all ordersor requisitions of the principal chief or United Statesagent for this nation, whether verbal or written, for thearrest and safe keeping of any and all persons and propertycharged with a violation of laws of the UnitedStates, and the safe guarding and transmission of suchperson or persons or property either beyond the limitsof the nation, or taking him, her, or them, before saidagent, at such time and place as may be by said agentor the principal chief of the nation directed as aforesaid.And it shall be the duty of every sheriff, without warrant,to seize, spill and search for all kinds of vinous orintoxicating liquors, and to destroy all barrels, kegs,jugs and whatever character of vessels may contain suchliquors, and to arrest and take before some judge allpersons introducing, buying, selling, bartering, or givingaway the same, to be dealt with as the law directs. And

I 72 LAWS OF THE CHOCTAW NATION.JUDICIAL DF,PA RTAI ENT.173when any sheriff or deputy finds that resistance is goingto be made to the execution or any writ or process directedto him, or any duty that he is officially authorizedto perform, he shall take the power of the countywith him and execute the same, and report the person orpersons resisting to the next term of the circuit court towhich the resistance is made, to be proceeded against asthe law directs.9. In case the sheriff of any county shall be amenableto the law, and it shall he necessary to issue a writor gurnrnon for his arrest or appearance in court, the process or writ shall issue as in other cases, and shall be bythe officer issuing such writ or process directed to anydeputy sheriff of his county, who shall, to all intents andpurposes of law, be principal sheriff in such cases andexecute writs, take bonds and execute the judgments ofthe court in such cases.10. All warrants, mittimusses, writs, process, orprecepts of any and all kinds, by which any person isarrested or committed to jail, shall be filed away andsafely kept bY the sheriff, and shall be turned over tohis successor in office as other papers are directed to beturned over. And the sheriffs are by virtue of their office.jailors of their several counties, and shall receive all personslegally committed to their care, and keep them safelyuntil discharged by due course of law; provided, thatthis section shall apply alone to those sheriffs in eachjudicial district in whose counties there is a jail untilthere be one erected in each of the other counties. Whenany prisoner in jail shall not be able to support himself,the jailor shall be allowed fifty cents per day for themaintenance of every such prisoner, to be paid out ofthe county funds upon affidavit of the sheriff; and in caseany prisoner in jail shall be sick, and the jailor shall beof the opinion that medical attendance is necessary, beshall call some physician to attend such prisoner and incase he be unable to pay the physician so called, thedistrict attorney shall examine and allow the account tobe paid out of the national treasury; pi ovided, the prisonerbe held in jail to answer the nation in a chargeagainst him, otherwise the account shall be paid out ofthe county funds. And any person convicted of any crimeor misdemeanor whatever in this nation, who may takean appeal or writ of error to the supreme court, shall remainin the jail of the county or circuit, as the case maybe, wherein he was convicted, and shall not be removedto the place where the supreme court may be in session.11. The sheriffs of the several counties in this nationshall keep their offices at the place of holding thecourts of their respective counties; but in case where nooffice has been provided, they may keep their offices atsuch places as the county judges shall direct.12. The sheriffs shall receive two dollars per dayfor their attendance on the circuit courts upon the certificatesof the judges, which certificates shall be recordedand placed in the hands of the national auditor, whoshall thereupon issue warrants upon the national treasurerfor the amounts.13. In addition to the fees already allowed deputysheriffs by law, each regularly appointed deputy sheriffin this nation, shall receive fifty dollars a year, to bepaid out of the national treasury on the certificates ofthe several principal sheriffs; said certificate to be madeout at the end of each quarter of the fiscal year, and fortwelve dollars and fifty cents each. Provided, however,said sheriffs shall appoint five deputies in Blue andKiamitia counties, and not more than four in other counties.14. The sheriffs of the counties in which the severalcircuit courts of this nation are held, shall be vested with

174 LAWS OF THE CHOCTAW NATION.the authority to appoint special deputy sheriffs to serveunder their direction during the terms of the several circuitcourts, in the following manner, to-wit: In the firstjudicial district one from each county, except the countyof Gaines; in the second judicial district, one from eachcounty except the county of Nashoba, and in the thirdjudicial district two from each county except the countyof Atoka; and the sum of two dollars per day shall beallowed said special deputy sheriffs for every day's actualattendance upon the circuit courts, payable out ofthe national treasury upon the certificates of the circuitjudges of their respective districts, and the national auditoris hereby required to issue his warrant upon the nationaltreasury for the amounts; and said auditor shallnot issue any warrants on certificates unless made in accordanceherewith, and all persons purchasing illegallyissued certificates will do so on their own responsibility.-APPROVED C2T, 33 1888,SECTION IX.JURIES.1. Be it enacted by the general council of the Choctawnation assembled : The county court of this nationshall, at the term next preceding the terms of the circuitcourts of their districts, draw and make out a list ofjurors, duly qualified according to law, to serve as grandand petit jurors of said circuit court, in the counties ofthe First judicial district, viz : Eight jurors each. Inthe counties of the Second judicial district—in Towson,five ; in Boktuklo, five ; in Red River, seven ; in Eagle,seven ; in Wade, six ; in Cedar, five ; in Nashoba, five.in the counties of the Third judicial district, ten each.Which said list shall be furnished the sheriff by thecounty clerk, and the sheriff shall, within ten days afterreceiving such list, either in person or by deputy, sum-JUDICIAL DEPARTMENT. 175mon said jurors to be and personally appear at the circuitcourt of the district to serve as jurors. The list ofJurors summoned as aforesaid,, with the return of thesheriff thereon, shall be returned to the circuit clerk ofthe district from which said list of jurors had beensummoned from the several counties. The clerk of thecircuit court, with the sheriff of the court, shall draw, alternately,by lots, twelve jurors, who:shall constitute thegrand jury to serve during the term for which they aresummoned, who shall be sworn by the clerk and chargedby the judge to enquire of all treasons, murders, crimes,felonies or misdemeanors against the laws of this nationwithin their respective districts, and the same present tothe district attorney. That, from the whole number ofgrand jurors. the court shall appoint a foreman, and aconcurrence of nine out of twelve shall, in every case, benecessary for the indictment of any person for violatingthe laws of this nation. The grand jurors. when sittingfor that purpose, shall have power to summon any personor persons as witnesses in case of offenses againstthe laws of this nation, and the sheriff, or his deputy,shall be subject to their orders to cause the attendanceof such witnesses, The remaining jurors, after the grandjury has been selected, as required in this act, shall constitutethe petit jury, and any twelve of whom shall contitutea petit jury to try any case that may come beforethe circuit court at the term for which they were summonedto attend under the following rules. viz : Thenames of the petit jurors shalt be written d4.4, and presentedby the clerk to the district attorney, who shall beentitled to four peremptory challenges. The list shall thenbe presented to the defenda,nt,and if charged with a felonyshall be entitled to eight peremptory challenges, and thecourt shall, if necessary, order the sheriff or his deputyto summon from the bystanders other persons qualified

176 LAWS OF THE CHOCTAW NATION.to serve as jurors, subject to rejection by either party,the nation having the first right to object; provided, sufficientcause be shown the cOurt for such rejection, andthe court shall continue to cause suitable persons to besummoned as jurors until twelve shall be empanneled.No person shall serve as a petit juror who is related toeither party to a .suit, within the fourth degree of consanguinity.or affinity, unless by the consent of bothparties, nd no exception to any juror on account of hisage, non-residence, citizenship or other disability shallbe allowed after the jury. is sworn. The following oathshall be administered to all petit jurors: "You, andeach of you, do swear that you will well and truly trythe issue of the case now before you, and a true verdictgive, according to law and evidence, unless dismissed bythe court, or withdrawn by either of the parties." That theservice of jurors shall be equalized as nearly as practicableamong the citizens liable to be summoned as jurorsand that all jurymen summoned according to the pro >visions of this act shall be entitled to receive five centsper mile going to and returning from court, and two dollarsper day, to be paid out of the national treasury, exeeptingthose jurors who shall serve on civil eases, whoseper diem shall be the same, to be paid by the party losingthe suit; and the same 'shall be attached to the billof costs. The grand and petit jurors for the circuitcourts, shall be .drawn and . certified to the clerk of thecircuit court by the county clerks and sheriffs of thecounty, at least twenty days before the time said circuitcourt is to be holden, in case the county court shall fromany cause, fail to draw the jury as provided herein. Andno term of a circuit court, regular or special, shall beheld without empaneling a grand and petit jury, asherein provided..2. Every juror shall be a citizen of the Choctawnation, over the age of twenty-one years, resident of theJUDICIAL DEPARTMENT.177county, and otherwise qualified according to law ; andevery juror shall be summoned by the sheriff, or otherofficer, either personally or by a written notice, left atthe residence of the juror. Any person having been dulysummoned as a juror accordingly, and failing to attendthe term of the circuit court for which he was summonedshall pay a fine not less than five nor exceeding ten dollars,unless a good and sufficient cause of such failureshall be shown to the circuit judge thereof on or beforethe next term of said court ; and such court shall orderthe sheriff or his deputy forthwith to summon a sufficientnumber of persons qualified to serve as jurors, tosupply the deficiency.3. Any grand juror may be indicted by the grandjury of which he is a member ; but, where any complaintshall be lodged against any grand juror, the foremanshall inform the district attorney, and if, on examination,there are any grounds for proceedings againstsuch juror, he shall inform the court thereof, and thecourt shall discharge such juror, and cause another tobe summoned, if necessary.4. That from and after the passage of this act, ifany person is summoned or sworn as a juror in any caseshall take anything to give his verdict for or againstany party in any case or proceeding, civil or criminal,or shall receive any paper, evidence, or information fromany one, in relation to any matter or cases for trial, forwhich he shall be summoned, he shall be deemed guiltyof a misdemeanor, and on conviction shall be fined inany sum not exceeding fifty dollars, and such fine, onehalfshall go to the district fund, and the other half shallbe equally divided between the district attorney and thelight-horse, who shall be at the trouble of collecting suchfine. That every judge or other persons, whose duty itshall be to select or summon any jurors in any court or

178 LAWS OF THE CHOCTAW NATION.before any officers who shall be guilty of any unlawful,partial, or improper conduct in selecting or summoningany jurors, shall be deemed guilty of a misdemeanor,and be fined in any sum not exceeding fifty dollars, andsuch fine shall be collected by the light-horse men, andone half go to the district funds, and the other half shallbe divided between the district attorney and the lighthorse,who shall be at the trouble of collecting such fine.SECTION X.FEES OF OFFICERS OF COURTS.APPROVED On 3 , 1888,1. Be it enacted by the general council of the Choctawnation assembled : • To Clerks of the Circuit Courtsin Civil Cases—For each writ other than those hereinaftermentioned, seventy-five cents; docketing each ease(to be charged but once), twelve and a half cents; filingall papers in each case, twenty-five cents; entering itsappearance, twelve and a half cents; entering each motion,rule of order, twelve and a half cents; declarationin ejectment, one dollar; entering non•suit, discontinuanceor noll prosequi,* twelve and a half cents; : swearingeach witness, six and a fourth cents; entering eachcontinuance, twelve and a half cents; venire facias,f inevery case tried by a jury, twelve and a half cents; scirefacias,t (except against jurors where excused), onedollar; swearing and empaneling every jury, twelve anda half cents; receiving and entering verdict, twelve and ahalf cents; entering each judgment in court,- twenty-fivecents; each subpcena, for one witness, twenty-five cents;*Male prosequi—these words denote that a plaintiff or attorney forthe public withdraws a suit.t Venire Facias—a writ directed to the sheriff, requiring him tosummon twelve men, to try an issue bet -teen parties. It is also awrit in the nature of the summons to cause the party indicted on apenal statute to appear.1Scire Facias—a judicial writ summoning a person to show causeto the court why something should not be done.JUDICIAL DEPARTMENT.179and for every other name inserted, six and a fourthcents; entering surrender of principal by bail, twentyfivecents; commission to take deposition, fifty cents;copies thereof, for every hundred words, ten cents; takinga recognizance, fifty cents; each execution, fifty cents;for certificate to witness, each to be taxed on the bill ofcosts, twelve and a half cents; each separate certificate(except to jurors) twenty-five cents.In criminal cases—For entering pending indictments,or filing information, twenty-five cents; each writ,other than hereinafter named, fifty cents; arraigningprisoner and entering plea, fifty cents; taking recognizance,fifty cents; swearing and empaneling every jury,twenty-five cents; entering judgment or verdict, eachtwenty-five cents; swearing every witness, six and afourth cents; each subcepna with/one name, twenty fivecents; and for every other name inserted, six and a fourthcents; each motion or order, twelve and a half cents;venire facias,t in each cause tried, fifty cents; all copies,each one hundred words, ten cents; each certificate, twenfivecents For all public services, not herein particularlyprovided for, the clerks shall, at each term, exhibita detailed fee bill, to be examined by the district attorney, previous to allowance by the court, and the courtis hereby authorized to allow the same, not exceedingten dollars, to be paid out of the county treasury.2. To the clerks of the county courts—For likeservices by them performed, the same fees as are by lawallowed to the clerks of the circuit courts: For recordingeach deed, bill of sale or other conveyance, for each one'hundred words, ten cents; certifying the official acts ofa county judge, or other official certificate with seal,fifty cents; registering' the probate of any will or testament,and for letters testamentary thereon, one dollar;'recording a will, testament, or codicil, for every hun-

180 LAWS OF THE CHOCTAW NATION.dred words, ten cents; administering oath to executors,administrators, collectors, or guardians, taking bond andrecording the same, one dollar; letters of administrtion,collection or guardianship and order granting the same,one dollar; .order, appointing appraisers of an estateand copy, fifty cents; ordering an inventory appraismeritfor executors, administrators, collectors or guardians''account, for every hundred words, ten cents; recordingcertificate of marriage, fifty cents; recording andtiling officers' bonds, one dollar.go the Sheriff —For executing the process.,judgment or decree of a circuit court and for similarservices in other courts ; For copying execution, onedollar ; entering each writ in his office, twenty-five cents;returning execution, twenty-five -cents ; each bail bond orrecognizance, fifty cents ; summoning. each witness, fiftycents ; for making deed to purchaser, two dollars ; eachday's attendance on county court, two dollars ; attendingprisoner on habeas corpus, each day in vacation, twodollars ; each commitment or release, one dollar; feedinga prisoner, each day, forty cents ; serving a declarationin ejectment and copy thereof, one dollar ; taking bondsof every kind, each fifty cents ; executing death warrant,to be paid out of the national treasury„ five dollarsremoving a prisoner, every mile going and returning, tencents ; itnpanneling a jury in each Cause where •a. jury .is sworn, twenty-five cents ; collecting moneys by virtueof an execution, for the first one hundred dollars, threeper cent, for, all sums above one hundred dollars andnot exceeding two hundred dollars, two per cent, and .for every one hundred dollars over in said execution,one and one-half • per cent ; whipping person by orderof court, two dollars ; serving attachment for contemptand returning the same, one dollar ; summoning aspecial jury, two dollars ; for impanneling grand juries,JUDICIAL DEPARTMENT. 181advertising and attending elections, serving all publicorders of courts in his county, and for all other public,services not otherwise provided for, a sum not exceedintwenty dollars for each year, to be allowed by the circuitcourt, and paid out of the county treasury ; provided,that no fees shall be allowed for service of Seirefacias* against a defaulting juror, if not fined by thecourt ; for executing all process, orders, and citations ofcounty court, the same fees as are allowed for similarservices in a circnit court of law.In the Supreme Court.—For an arrest, one dollar;docketing process and return thereof, twenty-five cents;serving scire faeias* or summons, fifty cents. For allother services required by the sheriff in the supremecourt, the fees shall be the same as are allowed for similarservices in the circuit courts.SECTION X.RINGERS.APPROVED Cul -. 401 1888,1. Be it enacted by the general council of the Choctawnation assembled: The ranger of each county shallbe commissioned by the principal chief, and before heenters upon the duties of his office he shall take and subscribethe oath required by the constitution, before anyjudge of a court of record, which shall be certified onthe back of his commission by the judge administeringthe oath, and shall give bond with good security to beapproved by the county judge in the penalty of five hundreddollars payable to said county judge and his successors in office, conditioned for the faithful performancethe duties of his office, which bond, with the approbattherein named, endorsed thereon, shall together withendorsement, be recorded in the office of the clerk of the*Scire Facias—a judicial writ summoning a person to sh,ow causeto the court why something should not he done.

182 LAWS OF THE CHOCTAW NATION. JUDICIAL DEPARTMENT. 183county court of the county for which said ranger is elect-/hik ed, and shall not be void on the first recovery, but maygbe put in suit and prosecuted by any party injured untilthe whole penalty thereof be recovered. The ranger ofevery county shall keep a book in which he shall registerall the certificates of strays delivered to him by thetaker-up of strays, or transmitted to him by any countyjudge of the county, and shall file the same in regularorder; it shall be his duty to cause a copy of the certificateof every appointment to be posted in the publicplaces in his county; he shall also make out a fair andand correct list of all strays, and post the same at theplace of holding the county court of his county, on thefirst day of each meeting of said court, omitting suchstrays as are proven away, sold, or escaped, or dead,under a penalty of ten dollars for every such neglect oromission. And it shall be the ranger's duty to recordall marks and brands of his county.2. When any stray shall be proven away, theowner thereof shall pay to the taker-up and the rangerone dollar and fifty cents each for every horse, mule orpony ; fifty cents for every cow, oxen, or other head ofcattle ; and twelve and a half cents for every sheep, hogand goat. When any stray shall have been found dead,or shall have escaped, the taker up shall, without delay,report thereof to the ranger, on oath, who shall make amemorandum of the same, on the margin of his book,where the certificate of such stray was registered.3. After the expiration of twelve months from the401rmallk\date of the certificate of strays, as aforesaid, and if noowner appear and prove his or her property, the strayorstrays so taken up and appraised, as aforesaid, shallexposed to public sale for cash or county paper, bythe ranger, who shall give public notice of such sale, atleast twenty days previous thereto, by advertisementthereof, in writing at the place where the courts are usuallyheld, and at two other public places in the county, andhe shall describe the stray or strays, intended to be sold,in the advertisement, and from the proceeds of such sale,the ranger is hereby directed to pay to the taker-up onehalf the sum thereof, and the other half to the countytreasurer tor county purposes; provided , that such takerupshall pay the ranger one dollar and fifty cents, andall other expenses that may be prescribed by law. Itshall be the duty of the ranger, as soon as money shallbe made by the sale of the stray or strays, to pay thenet proceeds thereof to the county treasurer to be appropriatedto county purposes, dedUcting five per century'commission for his services ; and in case of default ofthe ranger, his bond shall be put in suit by the countyjudge, for the time being, for such delinquency ; and itshall be lawful for any person claiming the proceeds ofthe sale of such stray or strays, within twelve monthsthereafter, to make claim to the same before the countyjudge of the county, and an order shall issue for the netproceeds thereof, on the county treasurer, on proof oftit le of same.4. All strays, horses, mares, mules, jacks, jennets,ponies, and colts and cattle, shall be brought to the placewhere the county count sits in each county, where saidstrays have been taken up, on the day of sale, and therepublicly exposed from ten till three o'clock of said day.The sale days of the rangers shall be quarter-annuallyin each county, on the first day of each regular term ofthe county court, and they shall report to the judges ofthe county courts of their respective counties, quarter—yearly, the amount of moneys received by them, on accountof the sale of strays.5. The ranger of each county shall receive, as feesof office, for every horse or mule sold, one dollar and

184 LAWS OF THE CHOCTAW NATION.fifty cents; for every cow, oxen, or other head of cattlesold, fifty cents; for every sheep, hog, or goat sold,twelve and a half cents; for every certificate posted up,fifty cents, to be paid out of the proceeds of sale.SECTION XII.WITNESSES.APPROVEDOT;C ,1.. Be it enacted by the general council of the 'Choctawnation assembled : All witnesses who are subpcenaedby the proper authority of the several courts inthis nation, . shall make their appearance according tothe subpcenas served on them, and forthwith :go to the.clerks of their respective courts and register their namesand mileage, and also what cases they are witnesses in,and whether for or against the nation; and all witnessessummoned to attend court, shall be allowed 'five centsper mile each way, going to and returning from court,:and one dollar and fifty cents per day while attendingcourt until discharged, to be paid in county scrip in theirrespective counties where their services are rendered.It shall be the duty of their respective circuit and countyjudges, in all cases continued in their courts, to have thewitness called up and paid off, and notified when to appearagain, and that they will not be summoned anymore; and if they fail to appear at the time and placethey have been notified to, shall be fined. All partieslosing their cases in civil suits, shall pay the witnessfees, in bill of cost, and the witness fees be retained toreimburse the county by the county treasurer.2. When two ormore witnesses shall appear beforeany court of justice to testify to any case pending beforethe court, it shall be the duty of the judge to order thesheriff to keep such witnesses separate from each otherat court until their whole testimony is taken separately,I088,JUDICIAL DEPARTMENT. 185that the trial may be fair and impartial. In every casewhen the testimony of a witness, with answers to thecross questions thereon, are given before any of thecourts of this nation, the clerk thereof shall read thetestimony so given to such witness and inform the witnessthat it is his or her privilege to correct any mistakes,by omission or otherwise, found therein, before signingthe same. When corrected, such witness shall sign it,and when so corrected and signed such testimony shallbe endorsed by the judge presiding and attested by theclerk.A rDL_SECTION XIII.ATTORNEY- AT LAWPPRO c'T18381. Be it enacted by the general council of the Choctawnation assembled: Any person who may hereafterapply for admission to practice as an attorney at-law,may undergo an examination before any one of thejudges of the supreme court, in or out of term time; andif such persons applying, be found to possess a competentshare of law knowledge, and be of good character,such judge shall grant him a license under his hand andseal, to practice as an attorney-at-law in all the courtsof law in this nation. The attorney-at law who shall bepermitted to practice law in this nation, will pay for thelicense granted ten dollars, and that the funds shall beapplied for county purposes in which he shall reside.2. Any attorney who may have been paid to prosecuteor defend any suit in any of the courts of the Choctawnation, and who after receiving such pay shall acceptor receive any compensation or pay from the opposingparties, for services rendered them in the same suit,shall, after the fact has been established to the satisfactionof the court wherein such snit may be tried or pending,be thenceforward prohibited from practicing in said

186 LAWS OF THE CHOCTAW NATION.courts, or others in the Choctaw nation. An order prohibitingsuch attorney so offending from practicingtherein shall be entered upon the records of said court,and a copy of such order shall he furnished by the clerkto the clerk of the supreme court.APP1r."7"; "Ti, 1888.SECTION NIAT.SENTENCES AND EXECUTIONS.1. Be it enacted by the general council of the Choctawnation assembled : When any defendant shall besentenced to the punishment of death, the court shallmake out, sign and deliver to the sheriff of the county awarrant stating the conviction of such defendant, andthe sentence of court, and appointing a day for the executionof such sentence, not less than two nor more thanfour weeks from the date of such sentence, unless thecourt shall suspend sentence and execution on accountof some matter of law arising on the trial, or some otherlegal cause. And any person in custody after convic -tion of a criminal offense, who may desire his, her ortheir case revised by the supreme court, upon writ oferror, may prosecute such writ without being present inperson before said court. But if the defendant be notremoved on writ of error, by order of court, he, she orthey shall be detained according to the judgment of thecircuit court in which he, she or they was convicted, untilthe supreme court shall have decided his, her or theircase, and the judgment thereof shall have been certifiedto the circuit court, and the same fully executed.2. The punishment of death shall be inflicted byshooting the convict until he, she or they be dead, andshall be inflicted at the circuit court ground, in each districtof this nation, whei:e he, she or they were convicted,and that ministers of the gospel, physicians and deputyJUDICIAL DEPARTMENT. 187sheriffs of the county in which the convict is confined,may, on notification of the sheriff, attend such execution,and the sheriff shall make due return of the warrant ofexecution, of the execution thereof, which shall be attestedby two of the deputy sheriffs present, and saidwarrant of execution shall be returned by the sheriff tothe clerk of the court from which said warrant was issued,to be filed by the clerk among the proceedings insaid case as a part thereof.3. Whenever, from any cause, any convict, undersentence of death, shall not have been executed accordingto the order and judgment of the court, and the sameshall stand in force and unrevised in the court wheresuch sentence was pronounced. the judge of said courtshall in term time or vacation, upon the application ofthe district attorney, stating such facts of the non-executionof convicts, according to the sentence of court,which said application shall be filed by the clerk amongthe proceedings in said case thereof, the judge of saidcourt shall issue a writ of habeas corpus, to bring suchconvict before such judge, or if he, she, or they be atlarge, shall issue a writ for his, her or their apprehension.and, upon . such convict being brought before suchjudge by virtue of said writ, the judge shall, if no legalreason exist against the execution of such sentence, immediatelythereafter issue a warrant to the sheriff of theproper county, reciting the facts and commanding thesheriff, on a day to be specified in said warrant, to executesaid sentence according to law.APPROVED OCT. 30, 1888g• SECTION X.DEPOSITIONS.1. Be it enacted by the general council of the Choctawnation assembled: It shall be lawful for partieslitigant in any of the courts of this nation to take the

190 LAWS OF THE CHOCTAW NATION.bidder, and at the court grounds for that county, and betweenthe hours of nine a. m. and five p. m. on the firstMonday of some month.3. All recoveries under this act shall first be PC.voted to the payments of costs, the balance to go to theChoctaw nation, and the first recovery, either upon finesor forfeitures of bonds, shall be final in that county; butthe circuit courts may have certified copies of writs ofexecution forwarded to such other counties as defendantsor sureties may have property in, there to be executedas a similar process from the circuit court wouldbe, if first directed to the Sheriff in that county.4. In all cases coming up under this act, the circuitcourt shall direct its clerk to make an entry on his docketas in criminal cases; for instance; The Choctaw nationvs. A. B., or E. F., as the case may be.5. In making up bonds, the securities shall be requiredto make oath before some officer competent to administeroaths, as to what the cash valuation of theirproperty is, over and above what is exempt iloryoED from eG:uTc.3- x 3 1888,tion.SECTION XVIII.EXEMPTIONS.1. Be it enacted by the general council of the Choctawnation assembled; When any fine is imposed uponoffenders against the laws of the Choctaw nation, andwhen the sheriffs are ordered by the judges as directedby law to levy upon property, and sell the same to paythe fine or fines imposed, there shall be reserved unto theoffenders the house furniture and farming utensils frombeing taken, and sold. 1000.1111ELECTIONS.SECTION I.1. Be it enacted by the general council of the Choctawnation assembled: The several county judges ofthe nation shall, at the term of their respective courts,one month immediately preceding each general election,appoint three discreet persons for each precinct in theirrespective counties having the qualifications of electors,to act as judges of election in their respective beats; andthe judges so appointed shall select two persons havingthe like qualifications to act as clerks thereof; but if thecourt shall fail to appoint election judges, or those appointedshall fail to act, it shall be the duty of the voters,when assembled, to appoint suitable persons to fillsuch vacancies. And it shall be the duty of the judgesof the county courts, at least twenty days previous toany election, to make or cause to be made out four blankpoll books, two for district and county officers, and twofor principal chief, or national officers, and to providefor each precinct ink, pens, paper and wafers, sufficientfor the purposes thereof, the same to be paid out of thecounty treasury upon the certificate of the judge so providingthe same, etc., and shall deliver the said booksso made out to the sheriff or his deputy, to be used attheir respective precincts, etc.2. It shall be the duty of the several sheriffs of thecounties of this nation, at least one month before eachelection, to make public proclamation throughout theirrespective counties of the time and places of holding theelection, and the officers to be elected at that time; andpost up notices of the same at each precinct, or at twoor more public places in their respective counties.;,

•••192 LAWS OF THE CHOCTAW NATION3. The judges and clerks of election shall severallytake and subscribe before some judge of a court of recordthe following oath to-wit; "I do solemnly swear that Iwill perform the duties ofjudge of the present election,ac -cording to law and the best of my abilities, and that I willstudiously endeavor to prevent fraud and deceit in conductingthe same." And the clerks of election shall takethe following oath, viz; "I do solemnly swear that I willfaithfully record the names of all voters voting at thepresent election, and carry out in lines and columns allthe votes polled, etc." But in case there be no personpresent at the opening of any election, authorized by lawto administer the oath of office, it shall be lawful for thejudges of the election appointed to 'administer the oathto each other, and then to the clerks, and such judgesshall be vested with full power to administer all oathsthat may be necessary in conducting any election.4. The judges of each election shall open the pollsin the morning at eight o'clock, and shall close the sameat sunset on the same day, and the judges of electionshall order the sheriff or his deputy to take and confineany person for misbehavior or contempt of such judgesholding any election, and may impose a fine upon suchoffender not to exceed ten dollars.5. The election judges of each election precinctshall have power and are hereby authorized to appointtwo clerks whose duty it shall be to write election ticketsfor voters; said clerks to be sworn by the electionjudges and shall receive two dollars each for such service,to "be paid from the county treasury; and any suchclerk who shall falsely write or insert other names inthe election ticket than those desired and mentioned bythe voter, shall be deemed guilty of a felony, and uponindictment and conviction be punished with thirty lasheson the bare back: and then every voter takes a ticketNo.ELECTIONS..193and presents the same to the judges of election, who beingsatisfied with the qualification of such voter, shallnumber the ticket which shall correspond with the numberof such voter named on the margin of the poll box,and the judges shall deposit the ticket in the ballot box.The clerks of the election shall write the name of eachand every voter voting on the poll book, numbering thesame on the margin from one to the whole number ofvotes polled at such election, thus:NAMES OF VOTERS.6. Whenever any person oilers to vote, and thejudges have any doubts as to his qualifications, they arehereby authorized to examine the party under oath tosatisfy themselves as to his qualifications, and may callupon any other parties to answer questions as regardssuch person's qualifications. Any person or persons,not being qualified voters according to the constitutionand laws ,of this nation, and shall wilfully and knowinglyvote in any election, shall forfeit and pay in the sumof twenty-five dollars, to be recovered before any circuitjudge, one-half for the use of the county, and the ocherhalf for the use of the person suing for the same, andany person or persons voting more than once in any oneelection held in this nation, shall forfeit and pay the sumof fifty dollars, to be recovered before any circuit judge,one-half for the use of the county, and the other half forthe use of the person suing for the same. If any judgeor clerk of any election, or any other officer concernedin conducting an election shall neglect, improperly delay,or refuse to perform any of the duties required bylaw, having undertaken to do so, or shall knowinglypermit any person to vote not qualified according to theconstitution and laws, or shall not seal their poll book,13

194 LAWS OF THE CHOCTAW NATION.or shall unduly attempt to influence the election, or shallknowingly do any other improper act, during his termof office, in any manner interfering in the election shallforfeit the sum of fifty dollars, to be recovered beforethe circuit judge, one-half for the use of the county, theother half for the use of the person suing for the same.7. At the close of every election the judges of theelection shall certify under their hands and seals thenumber of votes given to each person, and the office forwhich such votes were given, and it shall also be attestedby the clerks of the election, and after closing thepolls and making the certificates required by law, thejudges of the election shall fold up one of the poll booksfor district and county offices, enclosing the certificate requiredby law, and shall seal and endorse the same, anddirect to the supreme judge of the district; and the packageso endorsed and directed shall be carried by thesheriff or his deputy to the supreme judge of the districtwithin five days after the closing of the polls, andthe other poll book for district and county offices shallbe returned by the election judges to the clerk of thecounty court for the inspection of all persons interested."Pvovicled, that in case there should be no sheriff nordeputy sheriff present at the election, the judges of theelection shall have power to appoint some discreet person, who shall be sworn by the election judges, to takecharge of said poll books and safely carry them to thesheriff of the county ; and that the person so appointedshall be allowed two dollars for the services so renderedto be paid from the county treasury upon the certificateof the election judges. It shall be the duty of the judgesof the election to certify to their poll books in the followingform, to-wit :"We do certify that the votes given in this poll bookELECTIONS.are true and correct, this the - day of - A. D.Signed and Sealed[sicAL.][SEAL.][sEAL.]8. On the tenth day after the close of such election,or sooner, if all the returns have been received, the supremejudge shall call to his assistance three or morecounty judges of his district, or other competent persons,and shall proceed to open poll books for district andcounty officers, and compare the several election returnswhich may have been forwarded to such supreme judge,and make abstracts of the votes given for the severalcandidates for such office on separate sheets of paper,but he shall not open the election returns for the pi-in -cipal chief or national officers, but forward them as theconstitution directs, in reference to principal chief. Suchabstract of votes made by said supreme judge accordingto law, shall be signed by him and forwarded to thenational secretary. The candidates receiving the highestnumber of legal votes for district and county officesshall be by such supreme judge declared elected, and heshall issue certificates to the persons elected, districtand county offices. But in the election of district andcounty officers, if there should be a tie vote, or if two orMore candidates shall be equal, or highest in votes, thesupreme judge shall forthwith report the fact to the principalchief, giving the names of the two or more candidatesso tied; and the principal chief shall forthwith , appoint one of the candidates to the position mentionedin the report of the supreme judge. And in the electionof national officers, the poll books shall be delivered bythe national secretary to the speaker of the house ofrepresentatives, who shall proceed to examine and countall of the legal votes in the presence of both branchesof the general council. And in the event of a tie vote,

196 LAWS OF THE CHOCTAW NATION.or if two or more candidates shall be equal or highest invotes then the speaker shall notify the two houses, andthe members thereof shall proceed to vote, as directed insection three, article five, executive department of theconstitution, for the officers, after the manner of electingthe principal chief.9. It shall not be lawful for the supreme judges ofthe several districts of this nation to receive and includethe votes in any of the poll books returned to him, withoutthe same shall be in strict conformity to law. Buthe shall re-seal and forward the same, with his endorsementthereon, considered illegal, to the national secretary,to be by him laid before the general council at itsnext regular session, for the consideration of that body.I If any supreme judge or other person concerned in comparingthe returns of any election, - shall neglect, improPerlydelay, or refuse to perform any of the dutiesrequired by law, having undertaken to do so, or shall-refuse to take any poll book or books or shall refuse toCount any of the legal votes, or any one legal vote of acitizen entitled to vote according to the constitution andlaws of this nation, shall each forfeit and pay the sumof 'five hundred dollars, to be collected in the circuitcourt of his district, one half for county purposes where- •in he was convicted, and the other half for the use of theperson suing the same. Any person or persons whoShall order or direct, or who may be engaged as judge,clerk, sheriff, or returning officer, OT in any other capacity,at an election in the nation, held by direction of anyPerson Other than an . officer duly elected, qualified, andso empbwered under the Choctaw government, or underany law not legally passed by the proper and regularly,constituted law-making power of this nation, or at suchtimes and places as may be prescribed therein, shall,Upon conviction by indictment, before the circuit court,WITCHES AND WILLS. 197be deemed guilty of a misdemeanor, and shall be finedin a sum not less than one hundred dollars nor morethan five hundred dollars, and also, be imprisoned inthe county jail of any county the court may direct, for aterm not less than six months nor more than twelvemonths, at the discretion of the court; and all fines thuscollected shall be paid, one-half to the informer and theother half to the proper county for county purposes.10. The judges and clerks of electiori shall eachreceive for their services the sum of two dollars, to bepaid out of the national treasury.APPROVED 011, 30, 1888.AN ACT making the killing a person for a witch a capitaloffense.SEC 3. Be it enacted by the general council of theChodaw nation assembled : That any person or personswho shall kill another for a witch or wizard, shallsuffer death.And any person who shall publicly state that hehimself or she herself is a witch or wizard, or shall saythat such a person or persons are witches or wizards,and he or she knows it to be so, shall receive sixty lasheson the bare back.Approved November 6, 1834.AN ACT respecting Wills.SEC. 4. Be it enacted by the general council of theChoctaw nation assembled : That all wills made eitherverbally or in writing, in the presence of two or morewitnesses, shall be valid to all intents and purposes.Approved November 7, 1834.

198 LAWS OF THE CHOCTAW NATION.AN ACT forbidding compensation for damages, andmaking the person destroying the stock of another,when the fence is not lawful, liable to make restitution.SEC. 6. Be it enacted by the general council of theChoctaw nation assembled : That no person or personsshall be allowed any compensation for any damage thatbe may sustain from stock breaking into his farm, unlesshis or her fence be made of good rails and ten railshigh.And be it further enacted, That if any one not havinga lawful fence should destroy or injure the stock ofanother for breaking into his or her farm, he or she shallbe liable to pay the value of the stock so injured or destroyed.Approved November 8, 1834.AN ACT making the owners of hogs responsible for alldamages where the fence is lawful.SEC. 1. Be it enacted by the general council of theChoctaw nation assembled: That a fence of four inchcracks between each rail, for two and a half feet fromthe ground, shall be considered a lawful fence; and hogsbreaking into a field having such fence, the owner orowners of such hogs shall be responsible for all thedamages sustained, and the courts of the several districtsshall have cognizance of such cases.Approved October 4, 1836.REPEALING ACT. 199writing in any way conveying or making sale of any portionor the whole of the Choctaw nation, shall be deemeda traitor and an enemy to his country, and shall sufferdeath.Approved October 9, 1839.AN ACT entitled an act repealing certain laws, acts andresolutions of the Choctaw general council, passedbetween the 1st February, 1861, and 1st September,A. D. 1865.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled: That all laws, acts, andresolutions, or parts thereof, in any way abridging orimpairing any rights and privileges previously existing;and all laws, acts, and resolutions, or parts thereof, inany way conflicting with the constitution and laws ofthe United States, and which may have been passed atany session of the general council of the Choctaw nation,between the first day of February, A. D. 1861, andand the first day of September, A. D. 1865, be and thesame are hereby repealed.SEC. 2. Be it further enacted: That this law takeeffect and be in force from and after its passage.Approved October 13, 1865.AN ACT declaring the punishment for selling of thecountry.SF.e. 2. Be it enacted by the general council of theChoctaw nation assembled: That any chief, captain orcitizen of this nation who shall sign any instrument of

CRIMINAL OFFENCES. 201CRIMINAL OFFENSES.SECTION I.TREASON.1. Be it enacted by the general council of the Choctawnation assembled : Levying war against this nationor adhering to its enemies, giving them aid and comfort,shall be deemed and adjudged treason against this nation,and shall be punished with death upon convictionthereof. But no person shall be convicted of treasonagainst this nation unless upon the testimony of twowitnesses to the same overt act or on his own confessionin open court. 1,7011, 1888.SECTION II.MURDER.1. Be it enacted by the general council of the Choctawnation assembled: The killing of a human beingwithout the authority of law, by any means, or in anymanner, shall be murder in the following cases: Whendone with deliberate design to effect the death of theperson killed or of any human being. When done inthe commission of an act eminently dangerous to others,and evincing a depraved heart, regardless of human life,although without any premeditated design to effect thedeath of any particular individual. When done withoutany design to effect death, by any person engaged in thecommission of the crime of rape, burglary, arson or robbery,or in an attempt to commit such felonies. Andevery person who shall be convicted of murder, shallsuffer death.2. The killing of a human being, by the act, procurementor admission of another, shall be justifiable inthe following cases : When committed by public officersor those acting by their command, in their aid or assistance,in obedience to any judge of a competent courtor, when necessarily committed in overcoming actualresistance to the execution of some legal process, or tothe discharge of any other legal duty ; or, when necessarily committed in retaking any felon who has beenrescued or has escaped ; or, when necessarily committedin arresting any felon fleeing from justice. Suchhomicide or murder shall also be justifiable when committedby any person : In resisting any attempt unlawfullyto kill such person or to commit any felony uponhim, or upon, or in any dwelling house in which suchperson shall be ; or when committed in the lawful defenseof such person or any other human being. wherethere shall be reasonable ground to apprehend adesign to commit a felony, or to do some great personalinjury, and there shall be imminent danger of such beingaccomplished ; or when necessarily committed in attemptingby lawful ways and means, to apprehend anyperson for any felony committed, or in lawfully suppressingany riot, or in lawfully keeping and presifyingthe peace.3. The killing of a human being by the act, procurement,or admission of another, shall be excusablewhen committed by accident and misfortune, in lawfullycorrecting a child or servant, or in doing any other lawfulact by lawful means, with usual ordinary caution,and without any unlawful intent ; or, by accident andmisfortune, in the heat of passion, upon any sudden andsufficient provocation, or upon any sudden combat, withoutany undue advantage being taken and without anydangerous weapons being used, and not done in a cruelor unlawful manner.APPROVED OCT, 30, 1888.

909 LAWS OF THE CHOCTAW NATION.SECTION HI.MANSLAUGHTER.1. Be it enacted by the general council of the Choctawnation assembled : The killing of a human beingwithout malice. by the act, procurement, or culpable negligenceof another, while such other is engaged in theperpetration of any felony, except rape, burglary, arsonor robbery; or while such other is attempting to commitany felony, besides such as ace above enumerated andexcepted, shall be deemed manslaughter ; or the killingof a human being, without malice, by the act, procure -ment or culpable negligence of another, while such otheris engaged in the perparation of any crime, or misdemeanornot amounting to felony ; or, in the attempt toperpetrate any crime or misdemeanor, in case when suchkilling would be murder under former laws, shall bedeemed manslaughter. Every person deliberately assistinganother in:the commission of self-murder, shall bedeemed guilty of manslaughter. The wilful killing ofan unborn quick child, by any injury to the mother ofsuch child, which would be murder if it resulted in thedeath of the mother, shall be deemed manslaughter.Every person who shall administer to any woman pregnantwith a quick child, any medicine, drug or substancewhatever, or shall use or employ any instrument or othermeans, with intent thereby to destroy such child, unlessthe same shall have been necessary to preserve the lifeof such mother, or shall have been advised by a physicianto be necessary for such purpose, shall be deemedguilty of manslaughter. The killing of a human being,without malice, in the heat of passion, but in a cruel orunusual manner, without authorty of law and not in necessaryself- defense.shall be deemed manslaughter. Everyperson who shall unnecessarily kill another, either whileCRIMINAL' OFFENSES. 203resisting an attempt by such other person to commit anyfelony, or to do any other unlawful act, or after such attemptshall have have failed, shall be deemed guilty ofmanslaughter. The killing of another, in the heat ofpassion. without malice, by the use of a dangerousweapon. without authority of law, and not in necessaryself-defense shall be deemed manslaughter. The involuntarykilling of a human being. by the act, procurement,or culpable negligence of another, while suchother person is engaged in the commission of a trespass,or other injury to private rights or property, or engagedin an attempt to commit such injury, shall be deemedmanslaughter. Any person navigating any boat or vesselfor gain, who shall wilfully or negligently receive somany passengers, or such quantity of other loading.that by means thereof such boat or vessel shall sink oroverset, and thereby any human being shall be drowned,or otherwise killed, shall be deemed guilty of manslaughter.If any physician or other person, while in astate of intoxication, shall, without a design to effectdeath, administer, or cause to be administered, any poison.drug, or other medicine, or shall perform any surgicaloperation on another which shall cause the death ofsuch other, he shall be deemed guilty of manslaughter.And every other killing of a human being, by the act,procurement, or culpable negligence of another, andwithout authority of law, not provided for in this sectionshall be deemed manslaughter. Any person convictedof the crime of manslaughter. under this section, shallreceive one hundred lashes on the bare back.APPNVED CTI 3, 1823.ARTICLE IV.ASSAULT WITH INTENT TO KILL1. Be it enacted by the general council of the Choctawnation assembled : Any person who shoots at or

204 LAWS OF THE CHOCTAW NATION.wounds any person, or persons. with a fire-arm of anykind ; or who cuts, or attempts to cut, any person orpersons, with a knife or any other kind of pointed oredged tool or instrument, thereby endangering the lifeof any person or persons, shall be deemed guilty ofassault with intent to kill ; and any person or personsso assaulting another, shall be indicted by the grandjury, and shall he tried in the circuit court the same asother crimes against the laws of the Choctaw nation aretried, and upon conviction thereof shall be fined not lessthan twenty-five dollars, nor more than five hundreddollars, and costs of the suit, to be levied on his goodsand chattels ; one-half the fine for the benefit of theperson or persons assaulted, the other half for the use ofthe county. APPROVED COT, 33, 1888,ASSAULT AND BATTERY.2. Be it enacted by the general council of the Choctawnation assembled : If any person or persons shouldstrike or otherwise injure another person without provocation.through malice, so that such injured personshould lose any time from his business, the person sooffending shall be liable to be sued in the courts of thisnation, and shall be subject to tine and be compelled topay such fine as the jury may determine, which fine,when collected, shall be paid over to the person somaimed or injured.APPROVED Cr:SECTION V.RAPE.1. Be it enacted by the general council of the Choctawnation assembled: Any person convicted of thecrime of committing rape, or forcibly ravishing a womanor girl, shall receive one hundred lashes laid on his bareback, and for the second offence of the same nature, the4Ti •CRIMINAL OFFENSES. 205offender shall suffer death. But in case of an attemptonly, to ravish a woman or girl, the court shall determinethe penalty; pi ovided, the guilty person shall notreceive more than thirty lashes on the bare back, for anattempt.APPROVED C3T, 33, 1888,SECTION VI.POLYGAMY AND ADULTERY.1. Be it enacted by the general council of the Choctawnation assembled: Any person or persons who shallbe convicted of polygamy, or living with each other inadultery, shall be liable to indictment before any courtin this nation, and fined not exceeding twenty-five dollars,not less than ten dollars for each of such offenses.Any person or persons who may be living together outof wedlock, shall be compelled to be lawfully joined together,or the party refusing so to do, shall be indictedand fined not less than ten dollars, nor exceeding twentyfive dollars for every such offense; and the informantin all such offenses as above specified, shall be entitledto, and receive one-third of the fines that may be so collected,and after deducting the fees of the district attorney,the remainder shall become county funds.-SECTION VII.INCEST.APPROVED 03T1 30, 1888,1. Be it enacted by the general council of the Choctawnation assembled: The son shall not marry hismother; the son shall not marry his step-mother; thebrother shall not marry his sister nor his sister's daughter,the father shall not marry his daughter; the fathershall not marry his daughter's daughter begotten of hisstep-mother, nor his aunt, being his father's or mother'ssister; the father shall not marry his son's widow: a man

LAWS OF THE CHOCTAW NATION.shall not marry his wife's daughter, or his wife's daughter'sdaughter, or his wife's son's daughter, and the likeprohibition shall extend to females within the same degress,and all marriages of this nature are hereby dedared incestuous and void. If any person shall marrywithin the degrees prohibited by law, on conviction thereof,they shall be fined two hundred dollars, or each receiveone hundred lashes well laid on their bare backs,and such marriage is declared incestuous and void. Ifany persons who have been divorced for incest, shall,after such divorce, cohabit or live together as man andwife, such persons so offending shall be deemed guiltyof incest, and fined on conviction, two hundred dollars,or receive two hundred lashes, during two days, welllaid on the bare back, or both at the discretion of thecourt.INTER-MARRIAGE BETWEEN CHOCTAWS AND NEGROES,1. Be it enacted by the general council of the Choctawnation assembled: It shall not be lawful for aChoctaw and a negro to marry; and if a Choctaw manor Choctaw woman should marry a negro man or negrowoman be or she shall be deemed guilty of a felony, andshall be proceeded against in the circuit court of theChoctaw nation having jurisdiction the same as all otherfelonies are proceeded against; and if proven guiltyshall receive fifty lashes on the bare back.APPROVED GI.;;J I 1088.SECTION IX.UNNATURAL INTERCOURSE.1. Be it enacted by the general council of the Choctawnation assembled ; Every person who shall be convictedof the detestable and abominable crime againstCRIMINAL OFFENSES. 207nature, committed with mankind, shall, upon conviction,suffer death by being hung by the neck until dead. Anyperson convicted of having intercourse with any beastshall receive on his, her, or their bare backs thirty-ninelashes well laid on.APP,7yroSECTION X.POISONING.1. Be it enacted by the general council of the Choctawnation assembled : Every person who shall be convictedof having administered, or having caused, or procuredto be administered, any poison to any humanbeing with intent to kill such being, and which shallhave been actually taken by such being, whereof deathshall not ensue, shall be punished by imprisonment notless than three months in the county or district jail andreceive one hundred lashes well laid on the bare back.Every person who shall mingle any poison with anyfood, drink, or medicine with intent to kill or injure anyhuman being, or who shall wilfully poison any spring,well, or reservoir of water shall, upon conviction, bepunished by imprisonment in the county or district jailnot exceeding three months, and receive one hundredlashes well laid on their bare back, or by such imprisonmentand a fine not exceeding two hundred dollars, orall, at the discretion of the court. Every person whoshall wilfully and unlawfully administer any poison toany horse, mare, colt, mule, jack, jennet, cattle, dog, orsheep, or shall maliciously expose any poisonous substance,with the intent that the same should be taken orswallowed by any horse, mare, colt, mule, jack, jennet,cattle or sheep, shall upon conviction, be punished byimprisonment in the county jail not exceeding onemonth, by a fine of not exceeding fifty dollars and receivethirty-nine lashes well laid on the bare back.APPROVED OCT. 36 1 'LT.:I 1088,

208 LAWS OF THE CHOCTAW NATIONSECTION IX.YHEM.1. Be it enacted by the general council of the Choctawnation assembled: Every person who, from premeditateddesign. or with intent to kill, or commit anyfelony, shall mutilate, disfigure, disable or destroy thetongue, eye, lip, nose, or any other limb or member, ofany person, shall be guilty of mayhem, and on convictionthereof slw11 receive one hundred lashes well laidon the back.APPROYED OT, 20 1C23.SECTION XII.KIDNAPING.1. Be it enacted by the general council of' the Choctawnation assembled: Every person who shall withoutlawful authority, forcily seize and confine any other,or shall inveigle or kidnap any other, with intent eitherto cause such other person to be secretly confined or imprisonedin this nation, against his will ; or to causesuch other person to be sent out of the nation againsthis or her will ; or to cause such other person to be soldas a slave, or to be deprived of his liberty, or in any wayheld to service against his or her will, shall upon conviction,be punished by being branded with the letter"T" on the forehead and receive one hundred lashes welllaid on the bare back ; and every offense prohibitedherein may be tried in the district, where the same mayhave been committed, or in any district into or throughwhich any person so kidnaped or confined shall havebeen taken while under such confinement ; and upon thetrial of any such offense, the consent of the person sokidnaped or confined, shall not be defense unless it appearsatisfactorily to the jury that such consent was notby threats or duress.APPI1OVED 1C33,CRIMINAL OFFENSES. 209SECTION XIII.ROBBERY.1. Be it enacted by the general council of the Choctawnation nation assembled: If any person or personsshall assault another, and shall feloniously rob, stealand take from his or her possession, any money or otherproperty which may be the subject of larceny, such robberbeing armed with a dangerous weapon, with intent,if resisted, to kill or maim the person robbed, or if beingso armed, he, she or they shall shall wound or strike theperson robbed, he, she or they shall be punished bydeath. If any person or persons shall by force and violence,or by assault, or putting in fear, feloniously rob,steal and take from the person or premises of another,any money or other property which may be the subjectof larceny, such robber, not being armed with a dangerousweapon, he, she or they shalle be punished with onehundred lashes well laid on his, her, or their bare backs,and further pay damages to the party from whom sucharrest shall have been made, to be assessed by the petitjury of the circuit court, etc.APPROVED Cùl• SECTION XIV.CRUELTY TO STOCK.1. Be it enacted by the general council of the Choctawnation assembled : Every person who shall maliciously,either out of a spirit of revenge, or wantoncruelty, or who shall mischievously kill, maim, or woundany horse, mare, gelding, mule, sheep, cattle, hog, poultry,or other live stock, or cause any person to do thesame, shall be fined in any sum not less than fifty dollarsand receive thirty-nine lashes well laid on the bareback.14 ?flO-.e6

210 LAWS OF THE CHOCTAW NATION.SECTION XV.MALICIOUS MISCHIEF.1. Be it enacted by the general council of the Choctawnation assembled : Every person who shall maliciouslydestroy disfigure, or injure, or caused to be destroyedor injured, any property of another, either personalor tenements, shall be deemed guilty of maliciousmischief, and upon conviction thereof shall be fined in asum two-fold the value of the property destroyed or thedamage done, and receive thirty-nine lashes well laid onthe bare back.APPROVED ET, 30, 1888,SECTION XVI.BURGLARY.1. Be it enacted by the general council of the Choctawnation assembled : Any person or persons, with orwithout arms, who shall break into or otherwise enterunlatfully and without permission, any dwelling house.store, house, or out building of any kind, with feloniousintent, the same being lawfully occupied by any person,shall be held guilty of the crime of burglary, and shallbe fined upon conviction thereof by .the court havingjurisdiction, twice the amount or value of property sotaken or destroyed, and shall be compelled to return allproperty so taken found in his, her, or their possession,and shall receive not less than ten nor more than onehundred lashes well laid on his, her, or their bare backs,at the discretion of the court having jnrisdiction of thesame.APPROVED GC, ,J, 1888,SECTION XVII.LARCENY.1. Be it enacted by the general council of the Choctawnation 'assembled : Every person who shall be con-CRIMINAL OFFENSES. 211victed of taking and carrying away, feloniously, thepersonal property of another, of the value of twenty-fivedollars, or more, shall be guilty of grand larceny, andshall return such property or pay the value thereof andshall receive one hundred lashes well laid on the bareback, and on conviction of a second offense of horsestealing,shall suffer death by hanging.2. If any person shall feloniously take steal, andcarry away, any personal property of another, under thevalue of twenty-five dollars. he shall be deemed guiltyof petit larceny, and shall return or pay for the propertyso stolen, and shall receive not more than one hundredlashes, at the discretion of the court.3. The stealing and carrying away, or fraudulentlywithdrawing, concealing, or des troying. or taking away,by any person, any record, paper, or proceeding of acourt of justice, or any paper or proceeding filed or depositedwith any officer, or in any public office, shall bedeemed larceny. without reference to the value of therecord, paper, or proceeding, so stolen, taken away ordestroyed. and shall receive thirty-nine lashes well laidon the bare back.4. If any person shall be guilty of stealing or sellingany stray animal, knowing the said animal stolensold, to be a stray, and shall thereof be convicted. shallbe deemed guilty of larceny, without reference to thevalue of such animal, and shall receive one hundredlashes well laid on the bare back. Any and all personswho shall kill or destroy cows, oxen, steers. heifers. bullsor calves, or sows, boars. barrows. or shoats, or sheepor lambs, or goats, either for the subsistence of himself,herself or themselves, or for purposes of sale, exchange,barter, and bargain, and shall cut off and secrete theears and head, or the heads and ears and hides or skins,

CRIMINAL OFFENSES.213LAWS OF THE CHOCTAW NATION.212-.or in any manner destroy the same so that such propertycannot be properly identified as to true ownership thereof,shall be deemed and held as guilty of larceny, withoutreference to the ownership or value thereof, and uponconviction thereof, shall receive not less than twentylashes nor more than One hundred lashes well laid on thebare back, at the discretion of the court havingjurisdic-don thereof. 5. Any person buying or receiving, in any manner,or on any consideration, any personal property of anyvalue, feloniously taken away from another, knowingthe same to have been so taken, shall receive one hundredlashes well laid on the bare back. APPENED Ci7„SECTION XVIII.ARSON.1. Be it enacted by the general council of theChoctaw nation assembled ; Any person or personswho shall be convicted of the crime ofburning another person's house or houses, or inany manner destroying the property belonging toa citizen of this nation, shall be subject to a fine equalto the value of the property so destroyed, punishment and in additionthereto, shall receive such corporealasthe court may determine; but such punishment shall notexceed thirty-nine lashes on the bare back, unless suchshall be unable to pay the fine, in which ease he,person she or they shall receive one hundred lashes. LbiJSECTION XII.PERJURY ,it enacted by the general council of the Choctaw1. nation Be assembled: If any person or persons shall-be convicted of false swearing, or making false state, 1081ments in a court of justice, such offenders shall be finednot less than ten dollars nor exceeding one hundred dollars.and shall receive not less than five nor exceedingthirty-nine lashes on the bare back.SECTION XX.FoRGERY.1. Be it enacted by the general council of the Choctawnation assembled: Every person who shall be convictedof having forged, counteifeited. or falsely alteredany deed of gift, note or order, or any other instrumentin which any valuable consideration may be in question,shall be guilty of forgery, and shall be punished withnot less than thirty-nine lashes, and finednot less o than th3an3,twenty-five, nor exceeding five hundred dollars.SECTION XXI. APPROVEDALTERATION OR DESTRUCTION OF WILLS.1. Be it enacted by the general council of the Choctawnation assembled: If any person shall wilfully al -ter or destroy any will or codicil, without the consent ofthe party making the same, or shall wilfully secrete thesame for six months after the death of the testator shallbe known to him, the person so offending. on convictionthereof, shall be fined or imprisoned ps toltye Ep coucriTt):3: o 78%,district jail!. or both, at the discretion of court.SECTION XXII.CHANGING RECORDS.APPROVED OCT, 30, 188,1APPROVED1. Be it enacted by the general council of the Choctawnation assembled . If any clerk of any court, orpublic officer, or any other person, shall wittingly makeany false entry. or erase any word or letter. or changeany record belonging to any court or public office what-

SECTIONARSON.1. Be it enacted by the general council of theChoctaw nation assembled ; Any person or personswho shall be convicted of the crime ofburning another person's house or houses. or inany manner destroying the property belonging toa citizen of this -nation, shall be subject to a fine equalto the value of the property so destroyed, and in additionthereto, shall receive such corporeal punishment asthe court may determine; but such punishment shall notexceed thirty-nine lashes on the bare back, unless suchDerson shall be unable to pay the fine, in which case he,she or they shall receive one hundred lashes. iki ) VilySECTION XII.PERJURYm1. Be it enacted by the general council of the Choctawnation assembled: If any person or persons shallbe convicted of false swearing, or making false state-CRIMINAL OFFENSES. 213LAWS OF THE CHOCTAW NATION.ments in a court of justice, such offenders shall be fined212not less than ten dollars nor exceeding one hundred dollars,and shall receive not less than five nor exceedingor in any manner destroy the same so that such propertycannot be properly identified as to true ownership of larceny, thereof,shall be deemed and held as guilty - 4PPROVED OCT, 301withoutreference to the ownership or value thereof, and uponSECTION XX.188,:r.thirty-nine lashes on the bare back.conviction thereof. shall receive not less than twentyFORGERY.lashes nor more than one hundred lashes well laid on theI. Be it enacted by the general council of the Choctawnation assembled: Every person who shall be con-bare back, at the discretion of the court having jurisdictionthereof.victed of having forged, countetfeited, or falsely altered5. Any person buying or receiving, in any manner,any deed of gift, note or order, or any other instrumentor on any consideration. any personal property of anyin which any valuable consideration may be in question,value, feloniously taken away from another, knowingshall be guilty of forgery, and shall be punished with Inathe same to have been so taken, shall receive one hundredlashes well laid on the bare back.not less than thirty-nine lashes, and fined not less than- APPEO`IED CDT. 1033 twenty-five, nor exceeding five hundred Ap dollars. 03T1 30,1SECTION XXI.ALTERATION OR DESTRUCTION OF1. Be it enacted by the general council of the Choctawnation assembled If any person shall wilfully alteror destroy any will or codicil, without the consent ofthe party making the same, or shall wilfully secrete thesame for six months after the death of the testator shallbe known to him, the person so offending. on convictionthereof, shall be fined or imprisoned in the county ordistrict jaTh or both, at the discretion of court.SECTION XXII.CHANGING RECORDS.APPROVED OCT, 39 18%,1. Be it enacted by the general council of the Choctawnation assembled . If any clerk of any court, orpublic officer, or any other person, shall wittingly makeany false entry. or erase any word or letter, or changeany record belonging to any court or public office what-

214 LAWS OF THE CHOCTAW NATION.ever, in his keeping or not, he shall, on conviction thereof,be imprisoned in the county or district jail for a termnot exceeding six months, pay a fine in a sum not exceedingone hundred dollars. and be liable to the actionof the party aggrieved.SECTION XXIII.LIBEL AND SLANDER.1. Be it enacted by the general council of the Chocusualconstruction and common acceptation, are con-taw nation assembled : All words which from theirsidered as insults and lead to violence and breaches ofthe peace shall, hereafter, be actionable, and no plea,exception or demurrer, shall be sustained, in any courtwithin this nation to preclude a jury from passing thereon.who are hereby declared to be the sole judges of thedamages sustained.2. Every person who shall be convicted of writingor publishing any libel, or speaking words made actionableby the preceding paragraph, shall be fined in suchsum and receive such a number of lashes on the bare-back, as the court, in its discretion, may adjudge, havingregard to the nature and enormity of the offense ; but inevery criminal prosecution for libel or actionable words,it shall be lawful for the defendant upon the trial, togive in evidence in his defense the truth of the matterwritten, spoken, or published.SECTION XXIV - .EMBEZZLEMENT OF PUBLIC MONEY.APPKVED nnT 1888,'APPROVED C:;1 . 0, 189P.-1. Be it enacted by the general council of the Choctawnation assembled : Any holdr or receiver of publicmoney who shall waste, squander or embezzle the sameshall be guilty of a felony and, in addition to the for-CRIMINAL OFFENSES. 215feiture of his official bond, shall be subject to indictmentand trial before the circuit court of the districthaving jurisdiction, and upon conviction shall receiveone hundred lashes on the bare back.SECTION XXV. OVFO OCT, 36,INTRODUCTION OF WHISKY.I. Be it enacted by the general council of the Choctawnation assembled; it shall not be lawful for anyperson or persons to introduce, or cause to be introduced,for their own use, or to sell, give or barter, any vinous,spirituous, or intoxicating liquors, to any person or personswithin the limits of this nation in any quantItywhatever, (except wines, which may be introduced by amember of any church for sacramental uses), and suchoffense shall be subject to prosecution, by indictmentand punishment upon conviction, according to the followingprovisions ; Such person or persons so offendingviolating the provisions of this act, upon convictionthereof before the circuit court, having jurisdiction ofthe same, shall forfeit and pay a sum of not less thanten dollars, nor more than one hundred dollars for eachand every offense; and, in default of payment of anysuch fine, he, she, or they, shall be imprisoned for a termof not less than one month, nor more than three months,at the discretion of the court; and any person or personswithin the limits of this nation, found with any liquors,specified above, in their possession, shall be deemedguilty, upon full proof of such possession, in like manner,as if they had introduced the same, and shall bepunished according to the preceding provisions of thisact, unless his or her innocence of such charge be satisfactorilyproven to the court.2. It shall be the duty of the circuit judges of thisnation to give this act in charge to the grand jury, each

216 LAWS OF THE CHOCTAW NATION CRIMINAL OFFENSES. 217of his own district, who shall make diligent inquiry conconcerningany and all violations of this act; and it shallbe their duty, when they have reason to suspect or believethat a violation of this act has taken place, to havea subpcena issued for such person or persons as they believecan give information upon the subject, and suchwitnesses when summoned and appear, shall give evidenceof every offense against the provisions of this aptthat may have come to his or her knowledge, withoutany special inquiry directed thereto; and in case anywitness so summoned shall fail, or refuse to appear andtestify, such witness shall suffer a penalty of ten dollarsfor each offense, to be collected by execution, unless bya wire facias, such witness shall be able to give sufficientexcuse for such non -appearance, or such refusal totestify .3. The sheriff, lighthorsemen and deputy sheriffs ofeach and every county of this nation, are hereby authorized,upon suspicion, without warrant for the purpose,forcibly to enter all places, search for and seize, breakand destroy all bottles, barrels, jugs, or any and everyvessel of any description whatever, containing anyliquors specified by this act, and shall arrest and conveybefore the nearest county judge the person or persons inwhose possession such liquors may be found, whichcounty judge shall bind such person or persons afterproper and satisfactory showing to appear at the nextterm of the circuit court of his district, when he shall reportthe same to the court and grand jury; and for thehearing of each one of such cases, the county judge shallbe entitled to receive one dollar, and the sheriff, lighthorsemenor the deputy sheriffs two dollars, to be recoveredupon conviction of the offender, and upon his failureto pay the same, it shall be recovered by executionwith the costs of prosecution; and if any person or personsrefuse to have- his or her whisky or other intoxicatliquorsdestroyed by taking up arms, and should anyone of the sheriffs, lighthorsemen, or deputies, in self-defense,kill or destrory the life - of the person or personshaving whisky, or any intoxicating liquors, he shall beprotected by the laws of this nation. But should anyoffender kill or destroy the life of any person or personsauthorized by this act, to destroy all whisky, or otherintoxicating liquors, such person shall suffer death. Butshould the offender only destroy or injure the propertyor limbs of any of the above mentioned officers, he orshe'shall be liable to a fine or punishment, to be determinedby the circuit court of the district wherein suchoffense may be committed.4. If any person or persons shall give or barter anyvinous, spirituous or intoxicating liquors, to any personor persons within the limits of this nation, and any personthereby be maimed or injured, such person who sold,.olive or bartered the same, shall be liable to an action incourt, and on conviction, shall be made to pay. a fine ofnot less than five nor exceeding one hundred dollars. tothe person so maimed or injured, and upon failure topay the said sum, execution shall issue therefor, withthe cost of prosecution.5. For every conviction under this section, the districtattorney shall be entitled to a fee of five dollars, tobe paid by the person convicted, and on failure to paysaid sum, execution shall issue therefor, with the cost ofprosecution.6. All fines collected from conviction had under thefirst and third paragraphs of this section shall be paidinto the treasury of the county wherein the offense wascommitted, to be expended for such purposes as thecounty court thereof may direct. APPROVED 07, 30, 1e.88:

218 LAWS OF THE CHOCTAW NATION.SECTION XXVI.CARRYING PISTOLS.1. Be it enacted by the general council of the Choctawnation assembled : It shall not be lawful for any-person to carry a pistol of any kind within the limits ofthe Choctaw nation, except the sheriff's and their deputiesand the lighthorsemen and militia on duty andofficers connected with the reserve service of this nation;and the grand jury shall indict all violators of this act,and all citizens that are convicted for violating this actshall be fined in any sum not exceeding fifty dollars andnot less than five dollars, at the discretion of the circuitcourt having jurisdiction.2. It shall be the duty of the sheriff and his deputiesand lighthorsemen, to arrest all violators of this sectionwithout written process, upon their own sight orupon the information of any citizen of said nation, andrequire them or him to give bond to appear at the circuitcourt from day to day while said court is if, sessionuntil discharged by due course of law; to dispossess allcitizens and non-citizens residing in the Choctaw nationunder a permit, and freedmen that formerly belonged tothe Choctaws or Chickasaws, of any and all pistols theymay be carrying in violation of this section and hold thesame until the fines and costs of the court are paid; butif the said offenders are unable to pay said fine and coststhen the circuit court shall issue execution against thepistols of said offender or offenders, which* pistols shallbe sold by the sheriff of the county wherein the arrestwas made at auction, to pay costs first, and the remainderto be devoted to the payment of the fines; provided,however, that the circuit court shall have power to issueexecution against any property of the offender, or offenders,liable to execution, to pay the penalties imposedby - this section. - Sheriffs, their deputies' adCRIMINAL OFFENSES. 219men, who refuse or neglect to discharge their duties underthis section shall, on information before the circuitcourt having jurisdiction, be fined one hundred dollarsfor each offense; and all fines collected of sheriffs, theirdeputies or lighthorsemen, shall he turned into the countytreasury of the county .wherein the offense was committed,for county purposes.3. If the information" herein provided for shall begiven by a private citizen of the nation, one-half of thefine shall be paid to the said informant, and the otherhalf paid into the county treasury of the - county whereinthe offense was committed. No person or persons shallcarry a gun of any kind to a religious meeting, schoolor gathering of any kind, except sheriffs, their deputiesand lighthorsemen, and militia on duty; any persons violatingthis paragraph shall be fined in any sum not exceedingfifty dollars, nor less than five dollars; and itshall be the duty of the circuit judges of this nationcharge the grand jury to make inquiry for all violationsof the provisions of this section.SECTION XX VII.DIST URB A NC V, OF SCHOOLS, RELIGIOUS DEVOTION OR FA M-ILT ES, ETC.1. Be it enacted by the general council of the Choctawnation assembled : Any person or persons whoshall, under the influence of intoxicating drink, throughmalice or undet any other circumstances in any mannerdisturb any religious meeting, social gathering, schoolor family, by whooping, shooting fire arms, talking in aloud or boisterous manner, using vulgar, obscene or profanelanguage. or in any manner frightening said meeting,gathering, school or family, shall be guilty of disturbing-the peace of the Choctaw nation, and snail iTec,1. 0 1888,

220LAWS OE THE CHOCTAW NATION.indicted by the grand jury, and on conviction shall betined not less than twenty-five dollars nor more thanone hundred dollars. and in the event of his failure orinability to pay the fine imposed, he shall receive inlieu thereof not less than twenty five nor more than onehundred lashes on the bare back, one-fourth of said fineto be paid to the complainant and the remainder to thecounty wherein the offense was committed. ,ArPROVED,,SECTI 0 N XX V III.SKINNING DF,AD ANIMALS ON THE RANGE.08.1. Be it enacted by the general council of the Choctawnation assembled : It shall not be lawful for anyperson to skin any animal, the property of another,founddead on the range without the written permission of theowner thereof, and any person so offending, shall bedeemed guilty of a felony : and any person found withthe hide of any animal in the mark or brand of anotherperson. or which hide or hides have the marks or brandsdisfigured without the owner's written authority. shallbe deemed guilty of petit larceny, and on conviction shallbe punished with not more than thirty-nine lashes onthe bare back in each case.sEcnoN XXIX.PPROVED C'JTHUNTING AND TRAPPING BY NON-CITIZEN INDIANS ANDWHITE MEN.Be it enacted by the general council of the Choctawnation assembled : Any Indian not a citizen of the1.Choctaw nation, who shall be found guilty of hunting,trapping or taking and destroying any peltries, or gamein this nation, shall be held to be a trespasser, and itshall be the duty of the judge of the county to issue awrit for the apprehension of the offender, wherein the"CRIMINAL OFFENSES. 221trespass was committed, to the sheriff of that county, toarrest such offender, and bold him in custody until thenext regular term of the circuit court for that district orbind him over in a bond of two hundred and fifty dollarswith good and sufficient securities for his appearance atthe next regular term of said court to answer the chargepreferred under this act. At each term of the circuitcourts, the circuit judges shall charge the grand juriesof their respective districts, to enquire into and for bodyof their respective districts for any violations of this act,present a true bill against such trespasser or trespassers:and upon fair and impartial trial in the district wherein'such trespass or trespasses have been committed, andupon conviction they shall be fined twenty-five dollarsfor each offense.2. One half of fines thus collected shall be dividedequally between the sheriff and prosecuting attorney.and the other half shall be paid into the national treasuryfor the benefit of the school funds and any propertyfound in the possession of such trespasser or trespassers'in the way of a horse, camp equipage, guns.ammunition, peltries, furs, or such as is usually foundunder such circumstances, shall be seized by the sheriffand held, to be applied to the payment of fines and costof writ imposed and assessed by the circuit court havingjurisdiction thereof.3. Any citizens inviting others not citizens of thisnation, to bunt upon the lands of said nation with gunsof all kinds, dogs, hounds, etc., shall be made to sufferthe penalty as an accessory.4. A white man or white men not citizens of theChoctaw nation, who may be found hunting game, trapping,etc., within the limits of said nation shall be arrested by the sheriff of the county wherein such white manor white men are found hunting, trapping, etc., as afore-

222 LAWS OF THE CHOCTAW NATION.said; being violators of the statutes of the United States,provided, for such cases; and turn them over to the UnitedStates authorities to be dealt with as the laws of saidUnited States may direct.APP"‘7• ar D.SECTION XXX.PULLING DOWN FENCES.1. Be it enacted by the general council of the Choctawnation assembled : Any person or persons whoshall be convicted of the crime or misdemeanor of pullingand leaving down any person's field or farm fence,shall be compelled to pay such a fine as the court mayestimate the damage done to the owner of the farm.SECTION XXXI.A PCUTTING DOWN HICKORY OR PECAN TREES.1. Be it enacted by the general council of the Choctawnation assembled : No person or persons shall cutdown hickory or pecan trees for nuts in this nation; andthe persons so offending shall be liable to a fine of twodollars per tree, and one-half of said fine shall go to theinformer and the other halt shall be as county funds.APPECILD 1Pqr,.SECTION XXXII.BURNING PRAIRIES AND WOODS.1. Be it enacted by the general council of the Choctawnation assembled : It shall not be lawful at anytime for any person to set the prairies or woods on fire,except in the period of time between the 15th day ofMarch and the 15th day of April each year; and anyperson or persons violating the provisions of this act,shall on conviction before the circuit judge, forfeit andpay the sum of twenty-five dollars, one-half to the use%./CITIZENSHIP.SECTION I.INTER-MARRIAGE.1. Be it enacted by the general council of the Choctawnation assembled : Any white man, or citizen ofthe 'United States, or of any foreign government, desiringto marry a Choctaw woman, citizen of the Choctawnation, shall be and is hereby required, to obtain alicense for the same, from one of the circuit clerks orjudges, of a court of record, and make oath or satisfactoryshowing to such clerk or judge, that he has nota surviving wife from whom he has not been lawfullydivorced ; and unless such information be freely furnished,to the satisfaction of the clerk or judge, no licenseshall issue ; and every white man or person applyingfor a license as provided herein, shall, before obtainingthe same, be required to present to the said clerk orjudge, a. certificate of good moral character, signed by atleast ten respectable Choctaw citizens by blood, whoshall have been acquainted with him at least twelvemonths immediately preceding the signing of such certificate; and before any license, as herein provided, shallbe issued, the person applying, shall be and is herebyrequired to pay to the clerk or judge the sum of twentyfivedollars ; and be also required to take the followingoath "I do solemnly swear that I will honor, defend,and submit to the constitution and laws of the Choctawnation, and will neither claim nor seek from the UnitedStates government or from the judicial tribunals thereof,any protection privilege, or redress incompatible withthe same as guaranteed to the Choctaw nation by the15

CITIZENSHIP. 227226 LAWS OF THE CHOCTAW NATION.treaty stipulations entered into between them, so helpme God."2. Marriages contracted under the provisions of thisact, shall be solemnized as provided by the laws of thisnation, or otherwise null and void.3. No marriage between a citizen of the UnitedStates, or any foreign nation, and a female citizen of thisnation. entered into within the limits of this nation, exceptas hereinbefore authorized and provided, shall belegal, and every person who shall engage and assist insolemnizing such marriage shall upon conviction be finedfifty dollars. and it shall be the duty of the district attorneyin whose district such person resides to prosecutesuch person before the circuit court, and one-half of allfines arising under this act, shall be equally divided betweenthe sheriff and the district attorney.4. Every person performing the marriage ceremonyunder the authority of a license provided for hereinshall be required to attach a certificate of marriage tothe back of the license and return it to the person inwhose behalf it was issued, who shall, within thirtydays therefrom, place the same in the hands of the circuitclerk, whose duty it shall be to record the same andreturn it to the owner.5. Should any man or woman, a citizen of the UnitedStates or of any foreign country, become a citizenof the Choctaw nation by inter-marriage.as herein provided.and be left a widow or widower, he or she shall continueto enjoy the rights of citizenship: unless he or sheshall marry a white man or woman or person as the casemay be. having no rights of Choctaw citizenship byblood: in that case all his or her rights acquired underthe provisions of this act shall cease.6. Every person who shall lawfully marry, underthe provision of this act, and afterwards abandon his wifeor her husband shall forfeit every right of citizenship,and shall be considered an intruder and removedfrom this nation, by order of the principal chief.SECTION II.CHOCTAW TRIBUNAL FOR CITIZENSHIP.APPROVED C'iT "), 1C33,1. Be it enacted by the general council of the Choctawnation assembled : Any person who is not now recognizedas a citizen of this natiomor of Choctaw descent.and claiming to be a citizemor of Choctaw descent, shallpetition to the general council, during the regular sessionthereof, for the rights and privileges of citizenship of theChoctaw nation. Such petitioner shall prove his or herblood, or other means by which they claim citizenship.by not less than two good, respectable Choctaws, disinterestedpersons, before a proper committee, or thechairman thereof ; and the chairman or secretary of thecommittee shall have power to administer any and alloaths that may be necessry in conducting the investigation.The committee aforesaid to be appointed by thegeneral council, and to report to the body. by act or resolution,or otherwise, in reference to the petition. or petitionsof the person or persons claiming to he citizens,or of Choctaw blood or descent, and in the event of theadoption of such report of the committee, then such personor persons shall thereafter be deemed and consideredto be bona fide citizens of the Choctaw nation. Anyand all persons who make the attempt, under the provisionsof this act,to establish their rights, and fail in establishingthe same, shall be reported immediately tothe principal chief, by the president of the senate, andthe principal chief shall forthwith proceed to removethem.as other intruders.2. It is hereby made the duty of the sheriff of eachcounty in this nation to ascertain the number and names

228 LAWS OF THE CHOCTAW NATION.of persons, or parties in their respective ,ounties, whoclaim Choctaw rights, by blood or otherwise, and whohave never established the same in accordance with thelaws of this nation, and report the same to the principalchief immediately. Every such person living in thisnation and claiming to be a citizen by blood or otherwise,and who shall fail to comply with the provisionsof this act, after having been duly notified thereof bythe sheriff, or other authorized person, shall be deemedand considered an intruder, and shall be removed beyondthe limits of the nation forthwith. by the principal(thief.3. -All expenses incurred on the part of the officersof this nation in carrying out the provisions of thisact, be and the same shall be paid by the parties wishingto establish citizenship; provided, however, that thecost shall be made out by the principal chief and presentedto the committee for collection, previous to saidcommittee's proceeding to act upon the case beforethem; said cost, collected under the provisions of thisact, to be, by the chairman or the committee, paid intothe national treasury, for national purposesAPPRO'iL5 1C881ROADS AND RAILROADS.SECTION 1.ROADS.1. Be it enacted by the general council of the Choctawnation assembled: Each county judge shall havethe right to appoint two competent citizens of their owncounty whose duty it shall be to attend to and mark outthe way for any road that it may be necessary to makein that county.2. County judges are hereby authorized to requirethe people of their respective counties to work on theroads ; provided, that only males between the ages ofeighteen and fifty years shall be subject to the provisionsof this act.3. Said county judges shall appoint and commissionroad-overseers, and notify them through the sheriffs,and make assignments of all persons living in certainlocalities and neighborhoods to certain overseers to workon certain roads, and also give notice of the samethrough the sheriffs. Road overseers shall cause to benotified all his hands to meet at a certain time and placeto work on their respective roads, by one of his roadhands, and such road hand shall be credited with a day'swork for every day so engaged ; said road hands to benotified at least five days before the time for working onthe roads, who with their hoes, axes, and other utensilsthat may be necessary for the work, shall meet as directedand work. Said road overseers may work theirdivisions of roads at any time of the year which bestsuits the convenience of their respective communities ;

230 LAWS OF THE CHOCTAW NATION.provided, the full time of six days for each hand beput in.4. Any person or persons liable to road duty whoare duly notified, and shall fail or refuse to work on thepublic roads, be or they shall be fined not less than onedollar and fifty cents per day, for every day they are requiredto work, and the county judge shall order thesheriff to collect such fine and shall turn the same overto the county treasurer for county purposes; provided,any person or persons on showing a good and satisfactoryexcuse to the county judge for not complying withsuch notification, he or they shall be exempt from suchtine.5. If any of the county judges shall wilfully neglectto comply with the provisions of this act, he shallbe liable to a fine of fifty dollars and cost, before thecircuit court of the district wherein he lives; to be collectedby the sheriff of the county. who shall turn the sameover to the county treasury for county purposes; pi ovided,that if the county judge can show good cause fornot complying with the provisions of this act, to the sat -isfaction of the circuit judge having jurisdiction, he shallbe exempt from such fine.6 Those persons who are citizens of the UnitedStates, and are residing in this nation, as mechanics,merchants, or in any business, and have received a permitor license to remain, shall be subject to the provisionsof this section, but in case he or they refuse to complywith this law, they shall be reported to the properauthority: provided, however, Be if fmrther enacted,that the school teachers, farmers, that belong to the differentinstitutions of learning of this nation, students ofthe different schools, and doctors shall be exempt fromworking on the roads.ROADS AND RAILROADS. 2317. If any person or persons shall obstruct, stop orshut up any public roads in any way whatever, or roadleading to church or school, either by throwing treesacross them or by making fields over them, or by fenceof any kind whatever, he or they shall be compelled bythe county court in which such obstruction is made, toremove the obstruction or make another good, substantialroad around such obstruction or fences as good as theformer, or make a lane, or make gates at the point wherethe original road comes in and out, for the free andready ingress and egress through such obstruction, fenceor fences. If the person or persons who have obstructedor shut up the roads as aforesaid, fail or neglect toobey the order of the court, he or they shall be fined bythe county court in the sum of twenty-five dollars in cash,with which sum to cause a good road to be made around,to make a lane through, or to put gates, to allow freepassage through such fence or fences,or other obstruction.But should any other person or persons open such obstructionhe or they shall receive the fine.APPROVED G,T, F,3, 1883,SECTION II.RAILROADS_1... Be it enacted by the general council of the Choctawnation assembled: No citizen of this nation shallhave the right to grant a right of way to any railroadcompany or corporate community, for any branch railroadwithin the limits of this nation, except by the assentof the general council, and that any person, as aforesaid,shall be found violating this act, such person sooffending shall be liable to be indicted by the grand juryof the district wherein the offense was committed; shallon conviction in the circuit court, receive two hundredlashes. during two days, well laid on the bare back, and

232 LAWS ONTHE CHOCTAW NATION .fined not less than one thousand dollars nor more thantwo thousand dollars. at the discretion of the court; andupon conviction of any person so offending, the clerk ofsaid court shall issue a writ of attachment to the sheriffof the county, commanding him to collect such fine anddeliver the same to the treasurer of the county to be usedfor county purposes.'2. No railroad or railroad's branch to any coalmine, pinery or other place, shall be.built in the Chocta*nation without a charter shall first be granted bythe general council; and all persons violating this actshall, on conviction thereof before the circuit courts havingjurisdiction, be fined not less than fifteen hundrednor more than twenty thousand dollars, at the discretionof the court, which fine shall be collected by thesheriff of the county where the offense was committed.who shall bellowed to retain ten per cent thereof forhis services, and shall turn one-half of the remainderover to the national treasurer for national purposes, andthe other half to the county treasury for county purposes.APPROVED C,,T, 30, 1833.DOMESTIC RELATIONS.SECTION I.MARRIAGE.1. Be it enacted by the general council of the Choctawnation assembled; Every male who shall have arrivedat the full age of eighteen years, and every femalewho shall have arrived at the full age sixteen vears. shallbe capable in law of contracting marriage, provided noother :legal prohibition exists. But if under these agestheir marriage shall be void, unless free consent by theparents and relations or guardian have been first obtained.Whoever shall contract marriage in fact, contraryto the prohibition of this section; and whoever shallknowingly solemnize the same, shall be both deemedguilty. one or both, of high misdemeanor, and shall uponconviction thereof, be fined or imprisoned at the discretion of the court. It shall be lawful for all the judges ofthis nation and preachers of the gospel to solemnize therites of matrimony and issue certificates thereof, if requested,and be allowed and receive for every such servicetwo dollars. to be paid by the parties so joined together.All marriages which are prohibited by law, onaccount of consanguinity between the parties, or on accountof either of them having a former husband or wifethen living, shall, if solemnized within this nation, beabsolutely void, without any decree of divorce, or otherlegal proceedings. APiii6VED Ci.;T. 60,SECTION II,DIVORCE AND ALIMONY.1. Be it enacted by the general council of the Choctawnation assembled : The circuit court in the district

234 LAWS OF THE CHOCTAW NATION. DOMESTIC RELATIONS. 235where the plaintiff resides, has jurisdiction of all casesof divorce and alimony, and of guardianship connectedtherewith. The petition of divorce, in addition to thefacts on account of which the plaintiff claims the reliefsought, must state that he or she has been, for the lastsix months, a resident of the county, and that the applicationis not made through fear or restraint, or out ofany levity or collusion with the defendant, but in sincerityand truth for the purpose set forth in the petition;it must also be sworn to by the plaintiff.2. Divorce from the bonds of matrimony may bedecreed against the husband in the following cases only:First, If the defendant was impotent at the time of hismarriage; Second, When he has committed adulterysubsequent-to his marriage ;1- Third: When he is guiltyof such inhuman treatment towards his wife as to endangerher life, and these facts must first be proven byat least two witnesses ; and the husband may obtain adivorce from his wife for like causes. If the defendantdoes not appear and answer the petition at the propertime, the court, if satisfied that the complainant is theinjured party, may decree a dissolution of the marriagecontract: or when the defendant can be found, it may, inits discretion, bring him or her in by attachment andcompel him or her to answer. When a divorce is decreed,the court may make such order, in relation to the childrenand property of the parties and the maintenance ofthe wife, as shall be right and proper ; subsequentchanges may he made by the court in these respects,where circumstances render them expedient. But theparties shall have the right to divide such propertyequally that may have been jointly accumulated whileliving together.3. No decree of divorce shall affect the legitimacyof any child begotten within the bonds of lawful wedlock.APPROVED CT, C,C), 1883.SECTION III.MISSIONA RIES., Be it enacted by the general council of the Choctawnation assembled: All non-citizens who desire topreach the gospel and be missionaries among the Choctawpeople shall procure authority to preach from somemissionary hoard, association, conference or other ecclesiasticalbody, and if such authority shall be recognizedand approved by those who are already recognized andreceived as missionaries, and the applicants be recommendedby those who are already recognized and receivedas missionaries, to the general council for its permissionfor said applicants to preach, and whenever thegeneral council shall he fully satisfied front such recognitionand recommendation as above .provided for, itshall authorize such persons to be missionaries and topreach in the Choctaw nation, and then only so long asthey shall strictly confine themselves to the sacred officeof ministers; provided, if such pet-sons shall not confinethemselves strictly to said office and pursuit of ministeror missionary, they shall be subject to the same pains,penalties, laws, rules and regulations. as other non citizens,and all privileges herein granted shall be cancelled;and all non-citizens claiming missionary benefits withthe consent of the general council of the Choctawnation shall be notified by the principal chief to appearbefore the United States Indian agent Oil the sante footingas persons of disputed citizenship; and if they failto prove their tnissionaryship they shall be immediatelyremoved out of the Choctaw nation as intruders.SECTION IV. kPPrOVED OCT. 30THE PRACTICE OF MEDICINE,1. Be it enacted by the general council of the Choctawnation assembled : The principal chief is author-.

717236 LAWS OF THE CHOCTAW NATION.ized and required to appoint a board or phystcians toconsist of three persons, citizens of the Choctaw nation,who are regular graduates of some well known medicalcollege, and residents of said nation. whose duty it shallbe to examine all persons not citizens of this nation, whohave located or may locate hereafter within the limits ofsaid nation for the purpose of practicing medicine.2. Any person desiring to come before the boardfor examination, shall make application in writing tosaid board, and shall accompany such application withsufficient reference of his or her moral character, by fouror more citizens of the nation of good standing, to whomthe applicant is known. The fee for examination ofeach applicant shall be twenty five dollars. and in defaultof the payme lit of which in advance, the board arenot required to make the examination.3. If an applicant shall stand a satisfactory examination,or shall hold a diploma such as may be satisfactoryto said board, they shall grant said applicant a certificateupon which the principal chief shall authorizethe judges of the county courts to grant a permit to suchapplicant to practice medicine ; and without the authorityof the principal chief as above mentioned, the countyjudge is hereby prohibited from granting the same.4. Any person, not a citizen, who shall practicemedicine in this nation in violation of the provisions ofthis act, shall be held to be an intruder and dealt . withaccordingly.APPROVED OCT. 30, 1823.PERMITS,SECTION I.LICENSED TRADERS.1. Be it enacted by the general council of the Choctawnation assembled: Before any person or persons.non-citizens of Choctaw or Chickasaw nations, shall bepermitted to expose any goods, wares, merchandise, ordrugs for sale within the limits of the Choctaw nation,he, she or they shall be required to obtain a permit fromthe principal chief of the Choctaw nation; which permitshall be granted by the principal chief on the followingterms and conditions only: Person or persons wishingto obtain such permit, shall make application in writingto the principal chief, setting forth the county and placetherein in which they desire to carry on their business,and the probable amount of capital to be employedtherein; such application shall be signed by five citizensof the county in which the person or persons applyingpropose to do business, and thereupon the principal chiefshall issue to such applicant or applicants, under hishand and the seal of the nation, a permit authorizingsuch person or persons to carry on their business at theplace mentioned in the application, and for the period ofone year from the date of such permit; provided, however,that the principal chief may renew such permitfrom year to year, by endorsement thereon under hishand; and such renewal shall have the same force andeffect as the original permit. Any person or persons ob- .taining such permit who shall expose any goods, wares.merchandise or drugs for sale in the Choctaw nationshall, during the succeeding quarter pay to the district

238 LAWS OF THE CHOCTAW NATION.collector of the district in which the business is located,a compensation for the privileges granted in the permit,of one and one-half per centum on the original cost andvalue of all such goods introduced for sale, for and duringthe quarter next preceding, which inventory of theactual amount of goods introduced, and the accuracy andcorrectness thereof. shall be verified by the affidavit ofthe party in whose favor the permit was issued, beforethe said district collector; and such inventory shall formthe basis by which said district collector shall be governedin collecting the compensation above mentioned;and the district collector in collecting the compensationmentioned above from any merchant, trader or druggistshall receive, if tendered to him, national warrants.SECTION II. APPROVED OCT, 3'3, 1888,FARMERS OR RENTERS.1. Be it enacted by the general council of the Choctawnation assembled: Every citizen who desires toemploy a non-citizen as a fame' or renter, (and a farmer,or renter, by this act, is one who furnishes any orall the teams or utensils used in farming and who receivesa part of the crop, or its cash value, for his services)is hereby required to obtain a permit for everyfarmer, or rentei, so employed. The citizen or his agentdesiring to employ such DOH citizen, shall make applicationin writing, signed by four responsible householdersof the county, one of whom shall be the citizen orhis agent, on whose farm the farmer or renter is to labor,to the county judge who shall grant the application, ifthere are no good reasons for not doing so. and directthe county clerk to make out the permit under his handand seal ; which permit shall not be for a greater or lessperiod than one year; and give it to the sheriff, who shalldeliver it to the said citizen or his agent, on whose farmPERMITS. 239the farmer or renter proposes to labor, upon the receiptof five dollars; one dollar of which shall go to the sherifffor his services, and fifty cents to the county clerk. Afterthe expiration of the permits provided for in this paragraph,the dates of which the sheriffs must preserve, andunless they be renewed, which renewal may be by endorsementof the county judge, and re-seal of the countyclerk, and payment to the sheriff of five dollars. by thesaid citizen or his agent on whose farm the farmer orrenter is to labor, such farmers or renters shall be deemedintruders, and the sheriffs shall report themao:To1. 1 ise6ingly to the principal chief; provided, however, that thesheriffs and county clerks shall be allowed the same payas the original permit.SECTION III.PROFESSIONALISTS AND TRADESMEN.1. Be it enacted by the general council of the Choctawnation assembled ; Before any lawyer. editor, clerk,.artist, barber and such like professionals, shall be allowedto pursue his profession or calling, shall make applicationin writing to the judge of the county; whichapplication must be signed by five responsible householdersof the county; and the applicant shall state hiscalling or profession, and where he wishes to pursue thesame, in his application; and if the judge is satisfied, heshall direct the clerk to issue his permit, under his handand the county seal, and give it to the sheriff, who shalldeliver it to the applicant only on receipt of ten dollars;sheriffs and clerks to receive the same fees, or pay, asunder the second section of this chapter, and the permitshall be renewed yearly, by endorsement of the countyjudge. and re-seal of the county clerk.2. Before any carpenter, wagon maker, blacksmith,wheelwright, millwright, tailor, shoemaker, miller, ma-

240 LAWS OF THE CHOCTAW NA.TTON.chinist, sawyer, tanner„ teamster, (i. e., one owning andmiming, or hiring his team) or any other such like manor tradesman—all non citizens—shall engage in their respectivecallings or trades, in this nation, they shallmake -application to the county judge of the countywherein they propose to practice their respective callingsor trades; which application must be signed by fiveresponsible householders of the county, and set forththat the applicant will obey all the laws of the Choctawnation, and especially the one in regard to stock, approvedNovember 15, 1880; and that they will engage inno business other than the one for which the applicationis made. If the county judge is satisfied with the application,he shall direct his clerk to issue the permit, underhis hand and the county seal, and give it to thesheriff, who will deliver it to the applicant only on thereceipt of five dollars; sheriffs and clerks to receive thesame fees, or pay, as under the second section of thischapter. The persons mentioned in this paragraphmust get a new permit each year.SECTION IV.COMMON LABORERS.APPROVED C:":1 - , C3,' 1888,1. Be it enacted by the general council of the Choctawnation assembled: Any person wishing to employ aDOH citizen. to work for him as a servant (a servant, bythis act, is one who is hired by the month or day, forwages), or common laborer, shall report the name ofsuch servant, or common laborer, to the county judge,who shall direct the county clerk, if there are no chargesagainst such servant or common laborer, to record thename- of such citizen, and the number and names of hisservants, in a book kept for that purpose ; provided, thecitizen shall pay the clerk ten cents for each name recorded; and the clerk shall furnish a list of such serv-PERMITS. 241ants to the sheriff, who shall collect two dollars andfifty cents from such citizen for every non-citizen so employedas a servant. The sheriff shall give the citizen areceipt for the money paid on each of said non-citizens,which receipt shall entitle said non-citizen to remain inthe Choctaw nation twelve months from the time he wentinto the employ of the citizen who registered him. Thesheriffs shall be allowed to retain ten per cent, of allmoney collected under this paragraph, the remainder togo into their respective county treasuries for countypurposes.AFPROVED OCT, 31,SECTION V.7899,MISCELLANEOUS EMPLOYES.1. Be it enacted by the general council of the Choctawnation assembled ; All licensed traders, persons orcompanies working coal mines or ru nning saw mills,superintendents of boarding schools, or doing any otherkind of business under contract with any of the nationalauthorities, shall pay to the district collectors of theirrespective districts, the same permit tax on their employesas is imposed by the provision of this chapter onnon-citizens of like employment under individual contractswith citizens ; provided, however, they shall notbe required to obtain permits for their employes fromthe county officers. That all non citizens who may bedesirous of carrying on their resp ective professions, asliverymen, hotel keepers and butch ers, shall first applyto the principal chief for license, the application to besigned by at least ten Choctaw citizens; and if the licensebe granted by the principal chief, it shall be theduty of the district collectors of their respective districts,wherein such business is carried on, to collectfrom the parties above mentioned the sum of twentyfivedollars ; and all non citizens who may be desirous16

242LAWS Or THE CHOCTAW NATION.of carrying on their profession as gamblers, within thelimits of the Choctaw nation, shall make application tothe principal chief, the said application to be signed byat least twenty citizens ; and if the license be granted,the district collectors of the respective districts shall collectfrom said professionals the sum of one hundred dollars;and the district collectors shall be allowed to retainten per cent. of all money collected by them under thissection, and the remainder to be reported and returnedby them quarterly to the national treasurer for nationalpurposes. -APPROVED CI,T, ,;`) e-SECTION VI.PUNITORY PROVISION.1. Be it enacted by the general council of the Choctawnation assembled : One month shall be allowed allpersons having non-citizens in their employ in which tomake application, or a permit, or recordation ; and thesheriff or any other person seeing such non-citizen atwork on the citizen's place, shall be prima facia* evidencethat such citizen is hiring in violation of thischapter, and he shall be indicted accordingly. Any personwho shall employ any non-citizen in any other mannerthan as provided for in this chapter shall be deemedguilty of a misdemeanor, and, on conviction thereof, shallbe fined if a citizen in any sum not less than fifty normore than one hundred dollars ; and if a non-citizen reportedto the principal chief for removal; and any judge,clerk, sheriff or district collector failing in any of hisduties herein set forth, shall, on information of threedisinterested persons, be suspended by the principalchief from further exercise of his official duties.APPRO-41. 1.)1888.MILITIA.SECTION I.1. Be it enacted by the general council of the Choctawnation assembled : For the better securing to thecitizens of this nation their rights of person and proper_ty under the law, and for a speedy apprehension of murderers,robbers, thieves, and any other criminals andfelons within the jurisdiction of this nation and bringingthem to trial before the courts, there shall be immediatelyorganized under the principal chief a force ofthree companies of militia—one from each district andeach to be composed of fty members, inclusive of officers—thecaptains to be appointed by the principalchief, first and second lieutenants to be elected by theirrespective companies, the captains to select the othermembers of their companies out of those Choctaw citizensof their respective districts between the ages ofeighteen and fifty years, except civil officers; and appointthe non-commissioned officers of their respectivecompanies; all of the officers to take the oath of officebefore some officer authorized to administer oaths, andthe captains to muster in their respective companies.2. The principal chief may call out said militia,one or more companies or parts of companies wheneverthe condition of any locality may seem to require it, inpursuance of this act, by giving notice, to the captainsof twenty days both as to time and place of rendezvous.Captains shall select two faithful men as couriers, andthrough them notify the other members of their companiesof the time and place of meeting. All militia men selectedunder the provisions of this act shall hold themselves

244 LAWS OF THE CHOCTAW NATION.in readiness to move in obedience to orders from theirrespective captains, and shall furnish their ow n equipment,and for every day's actual service captains shallbe entitled to two dollars and fifty cents per day; lieutenants,two dollars; non-commissioned officers, one dollarand seventy -five cents, and privates, one dollar andfifty cents. The pay of the captains to be drawn undercertificates of the principal chief, and that of the lieutenants,non -commissioned officers and privates to be drawnupon certificates of their respective captains.3. The rank of the captains shall be fixed by theprincipal chief, and the companies to be known as "A,""B," and "C," and the lieutenants to take rank in thesame order as their respective captains; captains or otherofficers in command of companies or detachments of com-• panies shall preserve the usuat emilitau order and disciplinein their respective commands, under such rulesand regulations as may be prescribed by the principalchief.APPROVED CDT, :3, 1888.ROYALTIES.SECTION I.1. Be it enacted by the general council of the Choctawnation assembled : All of the royalty arising andaccruing in the Choctaw nation in pursuance of its lawsshall be due and payable to the Choctaw nation.'2. Any citizen of this nation, or person under legalpermit within the same, shall be allowed to cut, shipand sell prairie or wild grass from the common domainof this nation, upon his notifying the sheriff of his countyof his intention, and executing to said sheriff a bond inan amount sufficient to secure the payment of all royaltiesdue the nation on the amount proposed to be cut, topay to him when cut, fifty cents for each and every tonof hay cut, as aforesaid, for the purpose of being carriedand sold beyond the limits of the Choctaw nation.3. Any citizen failing to notify the sheriff of hiscounty, and executing the bond as aforesaid, shippingany hay or grass from the limits of this nation, shall beguilty of a misdemeanor and shall be fined by the circuitcourt of his county, if a citizen, fifty dollars, and becollected as other fines are collected ; and if a non-citizen,he shall be, by the sheriff, reported to the chief, whoshall at once report him to the United States agent andask his removal from the nation..4. The royalty collected, as aforesaid, by the sheriffsof the several counties, shall be by them then turnedover to the national treasurer for common national purposes,deducting therefrom ten per cent for his fees andservices.

246 LAWS OF THE CHOCTAW NATION.5. For royalty on coal, stone, salt, lumber, telegraphpoles, railroad cross ties, railroad switch ties, tanbark,cord-wood, shingles and timber of all kinds, seeparagraph 2, section 7.6. All timber or wood growing out of the soil (exceptsuch as has been planted and fostered by the handof man) and all stone and minerals or ore and medicinalwater existing in its natural state within the limits of theChoctaw nation is the property of the Choctaw andChickasaw people, and subject to the control of theChoctaw council.APPU:ED C:T. 1038,CLAIMS AND IMPROVEMENTS.SECTION I.CITIZENS RIGHTS DEFINED.1. Be it enacted by the general council of the Choctawnation assembled: An improvement in a conditionto return to the owner thereof, an annual income inmoney or property of any kind, shall constitute a claim;provided, however, such income be not realized exclusivelyfrom the sale of timber or other natural appurtenanceson such claim ; and no citizen or citizens of thisnation shall have the right to cut or otherwise destroyany timber within the limits of any other citizen's improvementas prescribed in this paragraph without suchother citizen's consent, under the penalty of a fine ofdouble the value of such timber so cut or destroyed tobe paid to the owner of such claim, to be recovered beforethe court of the district having jurisdiction thereof,together with the cost of recovery. No citizen or citizensof this nation shall be allowed to settle on unimprovedlands within four hundred and forty yards, on adirect line, from the exterior boundary of a former settler'simprovements without his or her consent.2. Any citizen or citizens violating this section shallbe subject to removal to the distance from the formersettler as specified in the above paragraph by tile sheriffof the proper county, and shall pay the cost incurred bythe sheriff in such removal ; and moreover, shall paydamages to the former settler, to be determined by threediscreet persons, citizens of the county, and shall payall costs incurred therein ; provided such former settler'simprovements be not within the limits of an acknowledgedtown or village.APPROVED OCT. 3 , 188

[CLAIMS 248 LAWS OF THE AND CHOCTAW NATION. IMPROVEMENTS. 249SECTION II.LEASING LANDS.1. Be it enacted by the general council of the Choctawnation assembled : The leasing of lands by citizensto non-citizens is hereby expressly prohibited, and alloffenders against this section shall be fined in any sumnot less than two hundred and fifty dollars nor morethan one thousand dollars and all costs, for each offenseaccording to the discretion of the court ; one-half of thefines to go to the county treasury and tbAv i-tothe national treasury.SECTION III.NON CITIZEN IMPROVEMENT.1. Be it enacted by the general council of the Choctawnation assembled : All non-citizens not in the employof a citizen of the Choctaw nation, and not authorizedto live in the Choctaw nation under the provisionsof existing treaty stipulations, who have made or boughtimprovements in said nation are hereby notified thatthey are allowed to sell their so-called improvements tocitizens, and if such non-citizens fail to comply with thissection then it shall be the duty of the sheriffs of thecounties in which such improvements may be located toadvertise the same for sale in thirty days; and sell thesame at the appointed time to the highest Choctaw citizenbidder for cash; one-half of which shall be paid intotheir respective treasuries, and the other half into thenational treasury, provided, however, that if any suchnon-citizen fail or refuse to deliver the possession ofsuch an improvement he shall be reported by the sheriffof that county to the principal chief, and by said chiefto the United States Indian agent to take the propersteps for the removal and prosecution of such offender-:3 l000 1000,under section 2118 of the revised statutes of the UnitedStates; provided further, that a notice of sale shall beposted by the sheriff in three public places in his comity,which shall be legal notice to all persons againstwhom this law may operate,2. Any citizen who shall attempt to protect orscreen any non-citizen under the pretence of ownership,or any other false pretence, from the operation of thepreceding paragraph to defeat the same, he shall incura penalty of not less than one hundred dollars nor morethan two hundred and fifty dollars to be recovered byaction in the circuit court for the district in which theimprovement is located; the amount of such penalty tobe determined by the circuit judge of said court; and itshall be the duty of the circuit judges of this nation ateach term of their respective courts, to ca; titit:nti na.0 3 1888.of the grand juries to the provisions of this section, andinstruct them to indict all persons violating this section.OCT.

STOCK LAWS.251STOCK LAWS.SECTION I.LAWFUL FENCES.1. Be it enacted by the general council of the Choctawnation assembled : A fence made of good rails andten rails high with four inch cracks between each rail,for two and a half feet from the ground shall be considereda lawful fence; and stock breaking into a field hav -ing such a fence the owner or owners of such shall beresponsible for all the damages sustained thereby, andthe courts of the several districts shall have cognizanceof such cases; but no person or persons shall be allowedany compensation for any damage that he or they maysustain from stock breaking into his, her or their farm,unless his, her or their fence be lawful. If any onenot having a lawful fence should destroy or injure thestock of another for breaking into his or her farm, he orshe shall lbe liable to pay the value of the stock so injuredor destroyed.SECTION II.NON CITIZEN HERDSMEN.1. Be it enacted by the general council of the Choctawnation assembled : It shall not be lawful for anycitizen or citizens of this nation to employ a non-citizenor non-citizens to to take charge of his or her cattle, asa herdsman or herdsmen, within the limits of this nationunder any consideration whatever; and any person orpersons charged with a violation of this act shall, uponconviction in the circuit court having jurisdiction, befined in a sum not less than two hundred and fifty normore than five hundred dollars, in the discretion of thecourt, one half of which fine shall go to the nationaltreasury for national purposes, and the other half to theinformant.APPROVED OCT, 33, 1C29./SECTION HI.LIMITATION TO NON-CITIZENS.1. Be it enacted by the general council of the Choctawnation assembled; No non citizens shall be allowedto own, control, or hold any stock, of any kind, withinthe limits of the Choctaw nation, except they may beunder permit according to the laws of said nation, andthen only so much as may be necessary for their ownuse and family consumption, not to exceed ten head ofcattle in all; team necessary for the cultivation of theland they ma,y have rented, or to carry on their particularbusiness for which they may have permits; and suchother stock as may be kept in an enclosure.2. Any non-citizen who shall not comply with theprovisions of this section shall be reported by the sheriffof the county wherein said non-citizen may be locatedto the principal chief, who shall report the same to theUnited States Indian agent for violation of sectiou 2117,United States revised statutes, and demand the removalof said non-citizen.3. Any citizen of this nation who shall evade or attemptto evade or assist any non-citizen to evade thissection by sham sale or sale without a valuable consideration,of any stock to be held by any such citizen, forthe use and benefit of such non citizen within the limitsof said nation, shall be deemed guilty of a misdemeanor(section 7, laws of 1882), and the sheriffs of the severalcounties are hereby directed to make diligent inquiries

24252 LAWS OF THE CHOCTAW NATION.in their respective counties and report all citizens whomthey believe to be holding stock for non-citizens, to thedistrict attorney, who shall forthwith take steps to havesuch parties indicted and tried for every such false holding.Any person convicted of falsely holding stock inthis nation shall receive thirty-nine lashes on his bareback and be fined not less than one hundred dollars normore than five hundred dollars, in the discretion of thecircuit court, to go into the national treasury for schoolpurposes. No sale or conveyance of stock of any kindover fifty dollars by a non-citizen to a citizen shall bevalid except it be recorded in the county record book ofthe county wherein the transaction shall occur.SECTION IV. ) APPROVEDWIRE FENCES.1. Be it enacted by the general council of the Choctawnation assembled : Citizens of the Choctaw nationare allowed to inclose for any purpose, an area of landnot to exceed one mile square, with wire fence; provided,that rails or boards be firmly fastened to the top of thefence-posts, or said fence be staked and ridered ; andprovided also, that no person shall have more than onesuch fence-pasture in any one county. (For fine see lawof November 6th, 1883. Sec. 1.) Not applicable to presentlaw.2. The owners of wire fence pastures shall be liablefor all damages done to stock, by reason of their runningagainst the wires, and cutting, tearing or otherwise injuringthemselves ; said damages to be assessed by thecircuit courts having jurisdiction. in any sum not morethan fifty dollars to the head—having due regard to theamount of damages actually sustained.3. All persons having wire fence pastures, shall putup a good and convenient gate on every side of the pas-STOCK LAWS. 253lure, on every string of the fence, to each half mile ofthe same, for the convenience of persons who may desireto pass in and through ; and for the failure of personsowning wire fence pastures to comply with this paragraphof this section, the circuit court shall impose:a:fineof five dollars for each gate not so put in ; said fine to berenewed each year of such failure.4. For the protection of owners of all pastures, anyone leaving a gate open, letting out stock of the owners,without their permission, or doing other damage to theirpastures or stock, shall be liable for damages to theowners, in any just sum, to be determined by the circuitcourts.SECTION V.MARKS AND BRANDS.APPROVED OCT. 3, 888,1, Be it enacted by the general council of the Choctawnation assembled: All persons and guardians ofminor children having a brand or mark, or both, shallfurnish the ranger of the county in which they reside atrue statement of the same, to be recorded by said ranger.And all persons or guardians refusing or neglectingto do so, within six months after tha passage of thisact, shall be fined five dollars by the judge of the circuitcourt of the county in which such offender may reside,which fine shall be collected by the sheriff, by order ofthe judge imposing the fine. And each and every personand guardian. upon having their mark or brand recorded,shall pay twelve and a half cents therefor, to saidranger. Should there be any change or alteration in themark or brand, or any new mark or brand adopted byany one, he or she shall inform the ranger of th&r countyof the same, and have the same recorded in the mannerabove provided, for which he shall pay the same

254 LAWS OF THE CHOCTAW NATION.STOCK LAWS. 255amount to the ranger. But should any person refuse orneglect to furnish the ranger with such change or alteration,within six months, he or she shall be subject to thesame fine as above provided; provided, however, that ifsaid refusal or neglect in either case, be horn sicknessor other lawful excuse, such person shall be exemptfrom paying any fine. APPROVED C:J, C),SECTION VI.STRAYS.1. Be it enacted by the general council of the Choctawnation assembled : All stray property, the ownerof which is unknown, shall be taken and posted as follows:That when any person shall take up any strayhorse or horses, he shall be required to give public notice,and if the owner of such stray does not appearwithin three months from the time that such beast wastaken up, then the one that took it up shall take suchstray before the county juudge; then it shall be the dutyof the judge to authorize two or more persons to appraisethe same, and the discription and value taken down inwriting, and a copy of the discription and valuation shallbe furnished to the ranger; then it shall be the duty ofthe ranger to have the same advertised in one or morepublic places in his own county. And if the owner ofsuch beast do not appear within twelve months, afterwhich time the property shall be sold to the highest bidderby the ranger, by first giving at least twenty days'notice of the sale; and one-half of the proceeds shall goto the one that took it up, who shall pay the ranger onedollar and a half, and the other half of the proceeds shallgo to the county in which such stray may be sold; butshould the owner appear before the expiration of twelvemonths, and prove his or her property before said judge1888,1he or she shall be entitled to the same, by paying onedollar and a half each to the ranger and the one thattook up. No one shall ever be allowed to take or rideany stray horse beyond the limits of the Choctaw nation;and anyone so offending shall pay the value thereof tothe county and to the owner of said stray, if said strayshould be lost in any way, or should be taken from himby fraud.2. Every person who shall take up stray cattle shallbe required to give public notice of the same, and if theowner of which do not appear within six months fromthe time that such stray was taken, then the one thattook up shall notify the county judge of such stray property; then it shall be the duty of the judge to authorizetwo or more persons to appraise the same, and also statethe age, brand, mark and color, in writing, and a copyof the same shall be furnished the ranger ; then it shallbe the duty of the ranger to advertise the same in one ormore public places in his county, and if the owner ofsuch animal does not appear within twelve months,atterwhich time the property shall be sold to the highest bidderby the ranger, by first giving at least twenty days'notice of the sale, and one-half of the proceeds shall goto the one that took up ; then he shall pay the rangerone dollar per head, and the other half of the proceedsshall go to the county in which such sale may take place;but if the owner of such animal should appear before theexpiration of twelve months, and prove his or her property before said judge, he or she shall be entitled to thesame by paying twenty-five cents per head each, to theranger and the one that took up. All unmarked cattletwo years old and upwards running with the cattle ofany person in their range shall be posted as other strays.3. Every person who shall take up stray hogs orsheep shall be required to give public notice of such

258LAWS OF THE CHOCTAW NATION.STOCK LAWS. 259fifteen miles per day for horses, mules, jacks and jennets;ten miles per day for beef, work and stock cattle, andfive miles per day for hogs, sheep and goats ; provided,that unavoidable detention by high water shall not beconstrued as a violation of the provisions of this act ;and, provided further, that families moving throughthis nation with less than twenty head of stock cattle ormixed stock, shall be exempt from the provisions of thisact. But persons driving stock into the nation for thepurpose of feeding the same through the winter, shall beliable for the tax thereon, at the same rates fixed forpersons driving stock through the same.3. In all cases where a sheriff, or other person actingunder lawful authority, has reason to believe thatefforts are being made to evade the provisions of thisact by collusion of some citizen of the nation with theowner of such stock. such citizen claiming to be the owner.such sheriffs or other person, shall require the claimantto exhibit his bills of purchase, or establish by witnesseshow he came into possession of the stock in question.If deemed necessary, to arrive at the facts, he mayput such claimarit, or any other person supposed to becognizant of the facts in the premises, upon oath andquestion him or them as to the bona fide ownership ofsuch stock, and in all such cases if it appear that therehas been fraud attempted for the purpose of evading therevenue laws of this nation, then, and in that case, thereshall be levied double the amount of tax which wouldotherwise have been done, and any cost which may attachto the investigation. And every citizen of this nationwho shall be cited to answer, on oath, questions asto the ownership of stock passing through the nation,who shall refuse to answer, shall be indicted for a violationof this act, and upon conviction thereof before thecircuit court be deemed guilty of a felony, and shall re-ceive thirty nine lashes on his bare back and be fined inany sum, at the discretion of the court, not less thantwenty dollars and not exceeding one hundred dollars,payable one-half to the person prosecuting and recovering the same, and the residue as hereinafter directed.4. Every sheriff or deputy, levyin,, , and receivingtax of drovers, shall keep correct account of, and reportthe number and kind of stock taxed; and shall receiptsuch drover for the amount received, and such receiptshall be a passport through this nation for such stockupon which tax has been paid. And all moneys collectedunder this section by sheriffs, less ten per cent. fortheir services, shall go into the national treasury forschool purposes.5. In case any of the drovers refuse to pay the taxrequired by this section, the sheriff or his deputy shall atonce take such steps as necessary to enforce the collectionof such tax, and if deemed necessary he shall requestthe Indian police to assist him in attaching andholding the drove at the expense of the owner of thesame, and sell so much thereof as shall make the amountof tax assessed. And the principal chief is hereby requestedto send a copy of this act to the United StatesIndian agent and ask his co-operation in carrying out itsprovisions.APPROVED OTI 3) IgkSECTION VIII.STOCK KILLING ONE ANOTHER.1. Be it enacted by the general council of the Choctawnation assembled : All property consisting ofhorses, cattle, jacks, jennies, mules, hogs, sheep, goatsand dogs, that may kill each other, the animal that waskilled shall be valued by three disinterested persons, andthe person whose beast was killed shall receive half the

260 LAWS OF THE CHOCTAW NATION.amOunt of his valuation from the owner of the beast thatdid the damage, to be collected by the sheriff.SECTION IriPPP/WEr) 'Y3, •CASTRATION OR INTRUDING STOCK.1. Be it enacted by the general council of the Choctawnation assembled : If any stud horse, jack or jackmuleis found with any person's 'horse or horses, andthe owner be known, he shall be notified to take himaway, and should he refuse or neglect to do so, in duetime, or in case the owner of such beast or beasts be unknown,he shall be taken to the nearest person who understandscastrating and have him altered, and shouldsuch a horse, jack or jackmule recover, the owner shallpay to the taker up, and the person who castrated him,one dollar each. But should the owner refuse to paysuch fine, the amount may be collected by the sheriff,who shall have one additional dollar for his trouble. Butshould the horse, jack or jackmule die from castration,the owner will not be required to pay anything.•tire r ti „*bpActs of 1886.AN Am' to increase the salary of the superintendent ofpublic schools.Be it enacted by the general council of the Choctawnation assembled: That the act providing the salary ofthe superintendent of public schools is hereby amendedand changed so that said salary shall be four hundreddollars per annum. and this act shall take effect and bein force from and after its passage.Approved, this 12th day of October. 1886.T. McKINNEY,P. C C. N.BILL ILN Acr to prohibit the sale or manufacture of Choctawbeer, cider or any other kind of Malt, fermented, distilledor any other kind of intoxicating liquor orbeverage..Be it enacted by the general council of the Choctawnation:assembled: ,That the sale or manufacture of Choctaw beer, cider or any kind of malt, fermented or distilledliquors or beverage or intoxicant of any kindwhatsoever in the Choctaw nation is hereby prohibitedand the same authority is given to the officers to suppressit and the same pains and penalties to violators ofthis law as if they were engaged in the sale or manufactureof whisky and this act shall take effect and be inforce from and after its passage.Approved October 18. 1886.T. MoKINN EY.P. C. C. N.

262 LAWS OF THE CHOCTAW NATION ACTS OF 1886. 263BILL III.AN ACT establishing Jackson county.Be it enacted by the general council of the Choctawnation assembled: That a county to be called Jacksoncounty is 'hereby created out of a portion of Kiamitia,Blue and Atoka counties. The following shall be theboundary lines of said county to-wit:Beginning at the mouth of Boggy; thence up to Boggyto the forks of Muddy and Clear Boggies; thence upMuddy Boggy to the Thompson Wesley Ford, thence bythe old Atoka place at the edge of the bottom then onthe new blazed road to Hettie Carne's of Clear Boggy;thence down the Caddo road to Wilson Jone's pasture;thence along the eastern string of said pasture to the oldBoggy Depot road; thence down said road to Jack Risner's,leaving Jack Risner's place 250 yards within thelimits of Jacksan county, thence down the PhelinWahle branch to Blue river; thence down Blue river toRed river; thence down Red river to the mouth of Boggythe beginning.Approved, October 21, 1886.T. McKINNEY,P. C. C. N.BILL IV.AN ACT to appoint two additional inspectors.Be it enacted by the general council of the Choctawnation assembled That the principal chief is herebyauthorized to appoint two additional inspectors to operateon the St. Louis and San Francisco Railroad. Oneinspector to work from Ft. Smith, Arkansas, to TuslikaHomma, C. N., and from Tuslika Rotuma, C. N., to RedRiver, C. N. Said inspectors to be citizens of the•Choctawnation.SEC. 2. Be it further enacted that the said inspectorsshall be appointed in accordance with the law passedand approved at the October, 1883, session of the generalcouncil.SEC. 3. Be it further enacted, that the office of inspectorprovided for in the act of November 6, 1883, beconfined to the M., K. & T. Railroad and its branches inthe Choctaw nation, and this act take effect and be inforce from and after its passage.Approved, October 22, 1886.THOMPSON McKINNEY,P. C. C. N.BILL V.AN ACT giving Jackson county one representative.Be it enacted by the general council of the Choctawnation assembled : That hereafter Jackson county shallbe entitled to one representative, to be elected by thequalified voters of said county. and that this act takeeffect and be in force from and after its passage.Approved, October 29, 1886.BILL VI.T. McKINNEY,P. C. C. N.AN ACT creating a -senatorial district in Pushma,tahadistrict.Be it enacted by the general council of the Choctawnation assembled : That from and after the passage ofthis act the counties of Blue and Jackson shall composeone senatorial district and they shall be entitled to onesenator in the general council.

•264 LAWS OF THE CHOCTAW NATION.Be it further enacted, that this act take effect and bein force from and after August 1st, 1886.Approved. October 29. 1886.T. MaKINNEY,4 P. C. C. N.BILL VII.A resolution respecting suits now pending in the thirddistrict.Be it enacted by the general council of the Choctawnation assembled: That all suits of whatever naturenow pending in the county courts of Blue; Atoka and•Kiarnitia counties wher.ein the - plaintiff and defendantare both residents of Jackson county, and shall betransferred to the county court of Jackson county, and itis hereby made the duty of the judge of Jackson countywhen organized to demand and receipt for, of the respectiveclerks of the counties above named, all the papersin said suit, but if both plaintiff and defendant are notresidents of Jackson county, then the suits to remain foradjudication in the courts where they were brought andthat this resolution take effect and be in force from andafter Febuary 1, 1886.Approved October 29, 1886.THOMPSON McKINNEY,P. C. C. 1‘7,BILL VIII.AN ACT amending an act relative to deputy sheriffs.Be it enacted by the general council of the Choctawnation assembled: That Blue county shall be entitledto four deputy sheriffs and the counties of Atoka, Kiamitia,Jacksfork and Jackson shall each be entitled tofour deputy sheriffs and all deputies appointed underACTS OF 1886. 265this act, and no more shall be allowed a salary of fiftydollars to be paid out of the national treasury on thecertificate of the principal sheriffs, and that this act takeeffect and be in force from and after Eebruary 1, 1887.Approved October 30, 1886.THOMPSON MoKENNEY,P. C. C. N.BILL IX.N ACT amending an act relative to jurors in third judicialdistrict.Be it enacted by the general council of the Choctawnation assembled: That the jury of the circuit courtthe third district, at the August term thereof, 1887, andat each succeeding term shall he selected as follows t0wit: Blue county shall have eight jurors, Atoka countyshall have eight jurors. Jacksfork county shall haveeight jurors. Kiamitia county and Jackson county shallhave eight jurors, and be it further enacted that all actsor parts of acts heretofore passed coming in any mannerin conflict with this act, be and the same is hereby repealedand that this act take effect and be in force fromand after March 1, 1887.Approved October 30, 1886.THOMPSON McKINNEY,P. C. C. N.BILL X.AN ACT entitled an act changing the circuit court, Pushmatahadistrict, Choctaw nation from Atoka countyto Jackson county, Choctaw nation.Be it enacted by the general council of the Choctawnation assembled : That the circuit court of Pushmatahadistrict is hereby removed from Tiak Heli in Atokacounty, to Tiak Hell in Jackson county, C. N., and the

266 LAWS OF THE CHOCTAW NATION. ACTS OF 1886.February 1887 term and all future terms of the circuitcourt of Pushmataba district shall be held at Tiak Heliin Jackson county, C. N., and this act be in force fromand after its passage.Approved, November 1, 1886.THOMPSON McKINNEY,P. C. C. N.BILL XI.AN ACT authorizing the sheriff of Jackson county to actas sheriff of the circutt court in Pushmatalta district.Be it enacted by the general council of the Choctawnation assembled : That the sheriff of Jackson countyis hereby empowered and authorized to act as sheriff ofthe circuit court in Push -mataha district to serve and executeall legal process that may eminate from said courtand demand, receive and receipt from the former sheriffotsaid court all papers and process for execution thatmay be in his hands, and all laws coming in any mannerin conflict with the provisions of this act are herebyrepealed, and that this act take effect and be in forcefrom and after February 1, 1887.Approved, November 1, 1886.THOMPSON McKINNEY,P. C. C. N.BILL XII.AN ACT entitled an act defining the quantity of bloodnecessary for citizenship.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That hereafter all personsnon citizens of the Choctaw nation making, or presentingto the general council, petitions for rights ofChoctaws in this nation shall be required to • have OneeighthChoctaw blood and shall be required to prove thesame by competent testimony.SEC. 2. Be it enacted that all applicants for rightsin this nation shall prove their mixture of blood to bewhite and Indian.SEC. 3. Be it further enacted that no persons convictedof any felony or high crime shall be Omitted tothe rights of citizenship within this nation.SEC. 4. Be it further enacted that this act shall notbe construed to effect persons within the limits of theChoctaw nation now enjoying the rights of citizenship.SEC. 5. Be it further enacted that this act takeeffect and be in force from and after its passage.BILL XIII.AN ACT allowing the ranger a salary of fifty dollars.Be it enacted by the general council of the Choctawnation assembled : That the several rangers of the countiesof this nation in addition to the fees already allowedthem by law, be paid the sum of fifty dollars out of thenational treasury, on the certificate of the county clerk,said salary to be paid quarterly, and this act take effectand be in force from and after its passage.Approved, November 5, 1886.THOMPSON McKINNEY,P. C. C. N.BILL XIV.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That it shall not belawful for any non-citizen of this nation, whether undera traders' permit or any other permit, to reside or dobusiness in the nation to enclose for his own use andbenefit any more lands than sufficient to build a tene-

268 LAWS OF THE CHOCTAW NATION.merit or business house upon, and if a merchant to builda business house not to exceed, in a town or village,more than two town lots of usual size.SEC. 2. Non citizens who own houses and buildingsfor the purpose of renting them, and are renting them,shall within sixty days from the passage of this act disposeof same, or be dealt with in the same manner asprovided for in the sale of Don citizens improvementsin the law of October 30, 1887 in reference thereto.Sm. 3. All enclosures or pastures owned by noncitizensshall be sold to citizens within sixty days frompassage of this act, or they shall be removed by thesheriff of the county where said enclosure or pasture arelocated or opened up for common pasturage purpose tocitizens of the nation.SEC. 4. Non-citizens failing or refusing to complywith the requirements of the first section of this act shallbe deemed and held as forfeiting their permits and shallbe further held to be intruders and their removal shall bedemanded by the principal chief, and this act take ellt-3ctand be in force from and after its passage.Approved, October 28, 1887.THOMPSON McKINNP. C. C. N.BILL XV.AN ACT to define the duties of the officers of the Choctawnation who deal with intruders.Be it enacted by the general council of the Choctawnation assembled : That it shall be the duty of thesheriff to deal with intruders and non-citizens ; to makea sworn statement before any judge of this nation ; tothe principal chief in every ease of refusal to take out apermit, or failing to get the necessary signers to his pe-ACTS OF 1887. 269titiott or refusal to leave the nation when notified by thesheriff or any other officer, authorized by law to dealwith intruders and non- citizens, and it shall be the dutyof the principal chief to forthwith report all intruders tothe United States Indian Agent, when reported to him inaccordance with this act, and ask their removal.SEC. 2. If any sheriff shall fail, neglect or refuse tocarry out this act, he shall be deemed and held to beguilty of a misdemeanor, and shall be prosecuted against,to the circuit court and shall be fined not less than fiftydollars nor more than one hundred dollars in every caseof failure, neglect, or refusal, and this act take effect andbe in force from and after its passage.Approved, November 14, 1887.TlloMPSON MoKINNEY,P. C. C. N.BILL X VI.AN ACT defining the duties of the national auditor.SEC. 1. Be it enacted by the general council of theChoctaw nation assembled : That it shall not be lawfulfor the national auditor to issue a warrant on the nationaltreasury in any manner other than hereinafter provided.SEC. 2. Be it further enacted, that it shall be theduty of the auditor on and during the first part of themonth of every succeeding quarter to make out a warrantin favor of every officer in this nation, whose salaryis payable by law out of the national treasury for theamount that is due him as his salary for that quarter.The auditor shall forward the warrants in favor of thenational and district officers direct to such officers. Thesalaries of all other officers shall be forwarded to thecounty judge of each county, who shall deliver them toeach officer for the purpose of this act. It shall be the

270 LAWS OF THE CHOCTAW NATION. ACTS OF 1887. 271duty of the national secretary to file with the nationalauditor a list of the dates and duration of every commissionissued by him.The sheriff of the circuit courts shall send to theauditor the names and dates of appointment of hisregular deputies.SEC. 3. Be it further enacted, that every officer inthis nation who collects or superintends the collection ofpublic monies, shall make a report at the end of eachmonth to the national auditor of the amount of such collectionhow, and on what they are made. On the basisof such reports the auditor shall issue his warrant infavor of the officer for the amount that is due him.SF.c. 4. Be it further enacted, that all expenses ofthe courts of this nation payable by law, and out of thenational treasury, shall be by allowance of the judge,and under the hand and seal of the clerk. A certifiedlist of all such expenses and the date of the law underwhich they are paid, shall be forwarded by the clerkwithin one day after adjournment of each court to thenational auditor.SEC. 5. Be it further enacted, that this act takeeffect and be in force from and after February 1, 1888.Approved, November 7, 1887.BILL XVII.T. McKINNEY,P. C. C. N.Supplementary to an act in relation to wire fences.PASTURES,Be it enacted by the general council of the Choctawnation assembled. That no person or citizen shall be allowedto connect his pasture with that of another. Thereshall be a passage way or lane left between all of suchenclosures not less than twenty-five feet wide. In allcases of violations of this act the county judge is herebyauthorized to have such fences cut down by thesheriff and the passage way kept clear, and this act totake effect and be in force from and after its passage.Approved November 8th, 1887.T McKINNEY,P. C. C. N.BILL XVIII.AN ACT defining the manner of trying impeachmentcases.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled: That any three citizensof the Choctaw nation may, at any time, present chargesto the principal chief against any national or districtofficer of the Choctaw nation, except himself, for anymisdemeanor in office, and they may also in the samemanner, and for the same reasons, prefer charges againstthe principal chief to the general council and file thesame with the national secretary.SEC. 2. Said charges must be sworn to before somejudge of this nation, and must be accompanied withfull specification of the misdemeanor charged, and mustbe supported by at least two respectable witnesses andthe principal chief is hereby authorized to administerall oaths necessary to the discharge of the trust imposedupon him by this act.SEC. If in the judgment of the principal chief,such charges are of such a nature as to endanger the publicgood by allowing the officer against whom such aremade to continue in the exercise of his office, he shall notifysuch officer to appear before him at some place andtime, giving at least ten days' notice, and show cause, ifany he can, why he should not be suspended from' exer-

972 LAWS OF THE CHOCTAW NATION.cising the duties of his office. In case said officer shouldfail to appear without giving a lawful excuse, the principalchief shall proceed with the examination, the sameas if said officer was present. After the principal chiefhas heard all of the evidence on both sides, if he is of theopinion that such officer should not exercise the dutiesof his office he shall suspend him from office. But in nocase shall the principal chief suspend any officer exceptin pursuance of law.SEC. 4. In all cases arising hereunder, the principalchief shall forward to the national secretary thecharges, specifications, evidence and his deposition of thecase, who shall deliver all such papers to the speaker ofthe house of representatives at the next ensuing sessionof the general council.SEC. 5. When the house of representatives is satisfiedthat there is good cause to impeach an officer, theyshall make an article of impeachment against such offi_cer and transmit the same to the senate, and the houseshall proceed, as soon as practicable, to elect managersto conduct the impeachment trial, and appoint a day forthe appearance of the accused, and cause summons to beissued for him, signed by the president of the senate andcountersigned by the secretary, with a copy of the articlesof impeachment annexed. requiring the accused toappear on the day appointed for the purpose, and beready to answer the charges preferred against him.Said summons shall be served on the accused personallyif he can be found, but if not, then by leaving a copy ofthe summons and articles of impeachment at the residenceof the accused with some person over sixteenyears old.Sm. 6. For the purpose of this act the sergeant-atarms,with such number of deputies as may be certifiedto be necessary by the president of the senate, shall exACTS OF 1887. 273ecute all process of the court of' impeachment; provided,however that said deputies may be relieved at the dis -cretion of such president, who is sitting as a court of impeachment.The senate shall exercise all powers necessaryto a full jurisdiction, and final determination of thecase before them, but if the accused fails to appear, afterbeing notified, or after appearing fails to answer, thesenate may proceed EX PARTE.SEC. 7. Before proceeding with the trial, the presidentof the senate shall administer to all of its members,and the secretary to the president, an oath to try anddetermine the charges and specification, and to do justiceaccording to law and evidence and all being swornthe senate shall proceed to hear, try and determine. Anycase of impeachment may adjourn a trial to any othertime, consulting the public good, and shall be the SoleJudge of all questions of law arising during the trial, theadvisability of testimony, the competency of witnessesand any other question incident to its jurisdiction; andexercise all needful authority to enforce order and respectin as full a manner as a regular court of law coulddo, provided however that all votes given on any questionwhatever shall be VIVA vocE, and entered on theminutes of said court of impeachment.SEC. 8. Whenever articles of impeachment arepending against the principal chief, he shall be disqualifiedfrom holding the office, and the chief or other justiceof the supreme court shall preside.SEC. 9. The secretary of the senate shall make outa certified transcript of the proceedings had on any impeachmenttrial, and deposit the same in the office of NationalSecretary for future reference, and this act shalltake effect and be in force from and after its passage,Approved November 8,1887.T. McKINNEY,P. C. C. N.

274LAWS OF THE CHOCTAW NATION.ACTS OF 1887.275BILL NO. XIX.AN ACT entitled an act prohibiting a citizen or citizensto employ non-citizens to take charge of stock ofany kind as herdsmen.Be it enacted by the general council of the Choctawnation assembled; That it shall not be lawful for anycitizen or citizens of this nation to employ a non-citizenor non-citizens to take charge of his or her cattle, horses,mules. sheep, goats or hogs, or stock of any kind, andto hunt or gather stock of any kind running on the rangewithin the limits of this nation, under consideration thatthis act is not to be construed to prevent citizens fromemploying non citizens to take charge of stock, to feedin pen or pasture; and any person or persons chargedwith the violation of this act shall, upon conviction inthe circuit conrt having jurisdiction, be tined in a sumnot less than two hundred and fifty dollars nor morethan five hundred dollars, in the discretion of the court,one-half of which fine shall go to the national treasuryfor national purposes, and the other half to the informant.Be it further enacted that any act or part of anyact in anywise coming in conflict with the provisions ofthis act is hereby repealed, and this act shall take effectand be in force from and after its passage.Passed over veto of principal chief November 9, 1887.BILL NO. XX.AN ACT to provide for the security of the national treasurer.Sm. 1. Be it enacted by the general council of theChoctaw nation assembled: That the sum of four hundreddollars is hereby annually appropriated as a contingentfund for the use of the national treasurer, to defraythe contingent expenses of the office, and to pay theboard and lodging of the highthorse when acting as abody guard for the national treasurer; provided thenational treasurer shall make a detailed statement annuallyto the general council of his expenditure of thefund herein provided. For the purpose of this act theprincipal chief shall immediately on the passage appoint,on the recommendation of the national treasurer,two lighthorsernen to be subject to the order of saidtreasurer, and shall revoke the commission of the twolighthorse now on the force, unless the said treasurershould recommend them, or either of them, and this actshall take effect and be in force from and after its passage.Approved, November 9, 1887.THOMPSON McKINNEY,P. C. C. N.AN ACT construing the treaty of 1866, in reference tomissionaries.Be it enacted by the general council of the Choctawnation assembled : That the scheme of changing thetenure of lands by the Choctaws and Chickataws, as inauguratedby the eleventh article of the treaty of 1866,having failed, all of the conditions and contingenciesconnected with and dependent upon the change alsofailed ; that all of those published articles of said treatycontemplating such a change are void, and missionaries,or any other class of persons mentioned therein, have norights thereunder, and this act shall take effect and bein force from and after its passage.Approved November 9, 1887.T. Ai cKINNE Y,P. C. C. .N,o

276 LAWS OF THE CHOCTAW NATION.BILL NO. XXII.AN ACT amendatory of the law of November 1, 1882, inreference to wild or prairie hay.Be it enacted by the general council of the Choctawnation assembled : That all that part of the law of November1, 1882, which allows non-citizens or personsunder legal permit, to cut, ship and sell prairie or wildgrass from the common or public domain of this nation,is hereby repealed, and it is hereby further providedthat non citizens or persons under legal permit shall onlyobtain what prairie or wild grass or hay they want fromcitizens, and then only what is necessary for their ownuse. All violations of this act will subject the offenderto removal from the nation, and this act shall take effectand be in force from and after its passage.Approved November 10, 1887.THOMPSON McKINNEY,P. C. C. N.BILL NO. XXIIIAN ACT for the protection of the public buildings.Be it enacted by the general council of the Choctawnation assembled : That any person who shall deface,injure or destroy any public building of this nation,shall, for each offense, be indicted by the grand jury ofthe district where the offense was committed and finednot less than fifty nor more than one hundred dollars,and shall also pay all damages done said building ; andin case of his, her or their inability to pay said fine anddamages, he, she or they shall receive not less than fiftynor more than one hundred lashes on the bare back, andthis act shall take effect and be in force from and afterits passage.Approved, November 10, 1887.THOMPSON McKINMEY,P. C. C. N.■ACTS OF 1887. 277BILL NO. XX I V.AN ACT amendatory of the act of Nov. 9, 1875, in referenceto inter-marriage.Be it enacted by the general council of the Choctawnation assembled: That the act of Nov. 9, 1875, in regardto the inter-marriage of white men with the Choctawwomen is hereby so amended, that county clerksonly shall issue license for such marriage, and insteadof the white man paying twenty-five dollars they shallpay one hundred dollar and the county clerks receivingsaid one hundred dollars and issuing the license, shallbe allowed to retain two and 50-100 dollars of the same astheir fees, and the remainder they shall turn into thecounty treasuries of their respective counties. In allother respects the laws of Nov. 9, 1875, shall be compliedwith and this act shall take effect and be in force fromand after its passage.Approved Nov. 10, 1887.THOMPSON MeKINNEY,P. C. C. N.BILL NO. XXV.AN ACT declaiming the late compilation, translation andpublication of the Choctaw 'laws to be laws of theChoctaw nation, in force at the time of their publication.WHEREAS, by an act of the general council approvedNovember 3, 1885, provision was made for the publicationof the laws of the Choctaw nation, and a committeewas constituted and consisted of the principal chief,national secretary and national attorney, to award contractsfor the compilation, translation arid publication,and required bonds for their faithful performance of thework to be done under those contracts, and

•278 LAWS OF THE CHOCTAW NATION.ACTS OF 1888. 279WHEREAS, said committee did award said contracts,receive the work done under them, issue certificates tothe various parties for their pay, and the work has allbeen paid for.Therefore the following shall be the enacting clauseof said publication:Be it enacted by the general council of the Choctawnation assembled, that the said publication is herebydeclared to contain the laws of the Choctaw nation atAre time of said publication, and they shall be obeyedand respected accordingly; and this act shall take effectand be in force from and after its passage.Approved, October 30, 1888.B. F. SMALLWOOD,P. C. C. N.BILL XXVI.AN ACT declaiming the time when officers shall qualify.Be it enacted by the general council of the Choctawnation assembled : That all district and county officerswho receive their certificates of election from the supremejudges, shall take the oath of office and enterupon the discharge of their duties on the 1st day ofOctober next succeeding the election at which they arechosen, and shall hold office for two years unless removedfor cause.Be it further enacted, that all officers who are electedby the joint ballot of the senate and house of representatives,together with all officers appointed by the chiefby and with the advice and consent of the senate, shallqualify and enter upon the discharge of their duties onthe 1st day of November succeeding their election orappointment.Be it further enacted, that all officers now holdingshall continue in office, if they are elected by the people,until October 1, 1890, and those elected by the council orappointed by the chief until November 1, 1890.Be it further enacted, that this act shall not applyto senators or representatives, principal chief or anymember of his cabinet, circuit and supreme judges, andthat this act shall be in force from and after its passage.Approved. November 6. 1888.B. F. SMALLWOOD,P. C. C. N.BILL XXVII.AN ACT in reference to pay of witnesses.Be it enacted by the general council of the Choctawnation assembled: That in addition to the fees andmileage already allowed witnesses by the law of October26, 1883, to be paid in county script, they shall be allowedone dollar per day- while attending circuit courton behalf of the nation, until discharged, in all criminalcases, and in civil cases where the nation is a party ininterest, to be paid out of the national treasury, on thecertificates of the judges of the courts and attested bythe clerks, with the seals of the courts attached; provided,that in no case the costs in a civil suit between individualsare to be paid out of the national treasury, andprovided further, that no officer, prisoner or other person,whose business takes him or her to court without a summons,or who happens to be present, not having beensummoned, shall be allowed the above per diem forsimply testifying in a case.The act of November 7, 1887, is hereby repealed, andthis act shall take effect and be in force from and afterits passage.Approved, November 6, 1888.B. F. SAL.LILLWOOD,P. C. C. F.

280 LAWS OF THE CHOCTAW NATION.BILL XXVIII.AN ACT providing for three more students to be sent toschool in the states_Be it enacted by the general council of the Choctawnation assembled: That paragraph six of the law inreference to students to be sent to the states to school,on page 61 of the late compilation and revision of theChoctaw laws is hereby stricken out, and the followingsubstituted in its stead: The superintendent of publicschools is hereby authorized and instructed to selectfifteen boys and twelve girls to be sent to school in thestates, the same to be divided according to sex, equallyamong the several districts of the Choctaw nation, andthis act shall take effect from and after its passage.Approved November 1, 1888.B. F. SMALLWOOD,P. C. C. N.BILL XXIX.AN ACT in reference to permits.Be it enacted by the general council of the Choctawnation assembled: That no permit shall be issued to anyone keeping saloons, billiard halls or tables. Pool roomsor tables, or any kind of gambling, in the Choctaw nationis hereby prohibited, and that no non-citizen shallhave the right to take out a permit for another non-citizen,and all laws or parts of laws in conflict with this actare hereby repealed, and this act shall take effect andbe in force from and after its passage.Approved November 6, 1888.B. F. SMALLWOOD,P. C. C. NACTS OF 1888. 281BILL XXX.AN ACT to prevent hunting, gathering or running cattleon Sunday.Be it enacted by the genet al council of the Choctawnation assembled: That the law in reference to huntingon Sunday, found on page 170, section 36, of the newcompilation 'and revision of the Choctaw laws, is herebyamended by adding the following language to line two:Or to hunt, gather or run cattle on Sunday; pi ovid,ed,how -ever, this act shall not be so construed as to preventwatching and caring for stock already under herd whenovertaken by a Sunday, and this act shall take effect andbe in force from and after its passage.Approved November 2, 1888.B. F. SMALLWOOD,P. C. C. N.BILL XXXII.AN ACT to prohibit the leasing or renting pastures.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That it shall not belawful for any person to rent or to lease a pasture to anyother person for the purpose of grazing or pasturingcattle or stock of any kind.SEC. 2. Any person violating this act, shall on convictionbe fined in any sum not less than two hundred .and fifty dollars ($250), nor more than five hundred dollars($500), to be paid into the national treasury for generalpurposes and the pasture so rented or leased be soldto satisfy said fine and cost if the person be unable otherwiseto satisfy the same.SEC. 3. That this act shall take effect and be inforce from and after its passage.Approved October 26, 1888.B. F. SMALLWOOD,P. C. C. N.

282 LAWS OF THE CHOCTAW NATION.ACTS OF 1888.283BILL XXXIII.AN ACT to provide interpreters for both houses of thegeneral council.Be it enacted by the general council of the Choctawnation assembled: That the senate and house of representativesshall each be entitled to an interpreter to beelected by their respective houses as the door keeperand other officers, who shall take an oath of office whichshall be administered by the presiding officer of thehouse, to which he is elected and who shall receive thesame per diem as the members of their respective houses•It shall be the duty of said interpreters to be on hand atall sessions or meetings of their respective houses anddo all interpreting , required , by any member thereof, andthis act shall take effect and be in force from and afterits passage.Approved October 26, 1888.B. F. SMALLWOOD,P. C. C. N.BILL XXXIV.AN ACT amendatory of an act to provide for the securityof the national treasury.Be it enacted by the general council of the Choctawnation assembled: That Section 2 of an act to providefor the security of the national treasury approved November9, 1887, is hereby amended so that the two lighthorsemento be subject to the order of the treasurer,shall be in addition to the nine lighthorsemen formerlyprovided for, and this act shall take effect and be inforce from and after its passage.Approved October 16, 1888.B. F. SMALLWOOD,P. C. C. N.BILL XXXV.AN ACT amendatory of an act of November 6, 1880, inreference to the time coal contracts shall run.Be it enacted by the general council of the Choctawnation assembled That on page 85 of the late compilationof the Choctaw Laws, in the eighth line and immediatelyafter the words, "Mining Coal" there shall be insertedthe words : "and quarrying stone" so that whenamended the law should read. (All contracts madehereunder shall expire on the 31st day of Decemberof each year, except for mining coal and quarrying stone,which shall cover a period of six years, and all royaltyaccruing under the same shall be due and payablemonthly, and this act so amended shall take effect andbe in force from and after its passage.)Approved, October 15, 1888.B. F. SMALL WOOD,P. C. C. N.BILL XXXVI.AN ACT establishing election precinct in Atoka county,C. N.Be it enacted by the general council of the Choctawnation assembled : That an election precinct is herebyestablished in Atoka county at a point about forty milesfrom the town of Atoka, a little west of north and aboutone mile south of Austin Weaver's. which shallbe called and known as Red Oak Hill precinct, and thisact shall take effect and be in force from and after itspassage.Approved, October 22, 1888.B. F. SMALLWOOD,P. C. C. N.

-284 LAWS OF THE CHOCTAW NATION.BILL XXXVII.AN ACT establishing an election precinct in Atokacounty, C. N.Be it enacted by the general council of the Choctawnation assembled : That an election precinct is herebyestablished in Atoka county, Choctaw Nation, abouttwenty-seven miles northeast of Atoka, at a schoolhouse, about five miles west of Kiowa, known as LittleBoggy school house, about one hundred yards fromGeorge Lowry's residence, and said precinct shall becalled and known as Little Boggy precinct, and this actshall take effect and be in force from and after its passage.Approved, October 26, 1888.B. F. SMALLWOOD,P. C. C. N.BILL XXXVIII.AN ACT for the benefit of crippled, blind and idiotic.Be it enacted by the general council of the Choctawnation assembled : That each person, citizens of theChoctaw nation, so crippled as to be unable to keepthemselves and having no property, blind or idiotic,shall be entitled to fifty dollars payable out of thenational treasury, on the certificate (under the directionand di scretion) of their respective county judges, whoare hereby authorized and required to see that the moneyis used for the beneficiaries under this act, and all lawsor parts of laws heretofore passed conflicting with thisact are hereby repealed, and this act take effect and bein force from and after its passage.Approved, November 7, 1888.B. F. SMALLWOOD,P. C. C. N.ACTS OF 1888.BILL XXXIX.AN ACT suspending the militia law.Be it enacted by the general council of the Choctawnation assembled That the law passed and approvedNovember 1, 1883, creating the militia for the Choctawnation be and the same is hereby suspended, and thatthis act take effect and be in force from and after itspassage.Approved November 28, 1888.BILL XL.B. F. SMALLWOOD,P. C. C. N.AN ACT requiring the manner of application for citizenship.Be it enacted by the general council of the Choctawnation assembled : That hereafter all claimants forcitizenship in the Choctaw nation shall pay into thenational treasury the sum of one hundred dollars foreach person asked to be adopted, and that no petitionshall be entertained by the committee for citizenship unlessaccompanied by the national treasurer's receipt asabove required, and that this act shall take effect and bein force from and after its passage.Approved, November 6, 1888.BILL XLI.B. F. SMALLWOOD,P. C. C. N.285AN ACT requiring the M., K. & T. Ry. Co. to reduce therates of mileage on their line of railroad through the'Indian Territory.WHEREAS, the Gulf, Colorado & Santa Fe Railroadand St. Louis & San Francisco line of railroad have been-

286LAWS OF THE CHOCTAW NATION.required by the congress of the United States to chargeonly three cents per mile as rates of mileage through theIndian Territory, andWHEREAS, the M., K. & T. By. Co. has been (sinceit constructed said line of railroad through the IndianTerritory), charging the rates of five cents per mile, andshould be required by an act of the general council, tobe approved by the interior department, to reduce therates from five cents per mile to that of three cents permile, as required of other lines of railroads through theChoctaw nation, thereforeSEC. 1. Be it enacted by the general council of theChoctaw nation assembled.. That the M., K. & T. Ry.Co. be and it is hereby required to reduce the rates offare from five cents per mile as charged heretofore, tothree cents per mile, as are required by other companiesoperating lines of railway through the Choctaw nation.SEC. 2. Be it further enacted, that a certified copyof this act be forwarded by the national secretary to theHon. Secretary of the Interior for his approval.SEC. 3. Be it further enacted, that this act shalltake effect and be in force from and altar its passage.Approved October 23, 1889.BILL NO. XLII.AN ACT changing an election precinct in Kiamichi county.Choctaw nation.SEC. 1. Be it enacted by the general council of theChoctaw nation assembled: That an election precinctin Kiamichi county, heretofore known as Clear Springelection precinct, is hereby changed and removed toGood Land station in said county, to be called andknown hereafter as Good Land precinct.ACTS OF 1889. 287SEC 2. Be it further enacted, that the first electionheld at said Good Land precinct shall be on the firstWednesday in August, 1890, and thereafter, and thatthis act shall take effect and be in force from and afterits passage.Approved October 28, 1889.BILL XLIII.AN ACT changing Clear Springs court ground in Kiamichicounty, Choctaw nation.SEC. 1. Be it enacted by the general council of theChoctaw nation assembled : That Clear Springs courtground in Kiamichi county be and is hereby changedand removed to Good Land station on the St. Louis &San Francisco railway, in said county, to be hereaftercalled and known as Good Land court ground.SEC. 2. Be it further enacted, That in holding thefirst court at the said Good Land court ground it shallbegin on the first Monday in January, 1890, and the firstMonday in each month thereafter the year round.SE°. 3. Be it further enacted, That the county judgeof said county is hereby authorized and required to appointtwo or more competent persons to sell the formercourt house at Clear Springs, who shall first give publicnotice thirty days previous to the sale, in at least threepublic places in the county, and that the proceeds ofsuch sale shall be set apart for the building of a newcourt house at Good Land, above mentioned.SEC. 4. Be it further enacted, That this act shalltake effect and be in force from and after its passage.Approved Occober 28, 1889.

288LAWS 014' THE CHOCTAW NATION.BILL XLIV.to appeal the act of citizenship, approved Octonationassembled; That the decision of the generalAN ACTtober 1, 1892.Be it enacted by the general council of the Choctawcouncil, on the application for citizenship by any personclaiming the right of citizenship, shall be final, and thatthe act approved October 21. 1882, is hereby repealed inwhole, and this act shall take effect and be in force fromand after its passage.Approved October 30, 1889.BILL XLV.suspending an act making distribution of theAN ACTnet proceed money.1. Be it enacted by the general council ofSECTIONthe Choctaw nation assembled : That the law passedand approved November 6, 1888, creating a commissionthe distribution of the net proceeds money; also, anformendatory to an act approved January 18, 1889,act aand the same is hereby suspended.beBe it further enacted, That the said netSEC. 2.proceeds comrnission is by this act required to file withthe national secretary all the books, records, docketsand all other papers belonging to said commission'soffice for the inspection of the general council, and thatthis act take effect and be in force from and after itspassage.Approved October 30, 1889.BILL XL VT.resolution of the Choctaw general council.Jointhas been reported to this body fromWHEREAS, Itreliable sources, and has been publicly announced in theACTS OF 1889. 289newspapers upon the authority of the officers of the St.Louis & San Francisco Railway, that the said Companyhas prepared a bill to be presented to the next sessionof the congress of the United States, asking that rightsof way through the Indian Territory be granted by thesaid congress to a corporation known as the California& St. Louis Railway, said corporation being owned andcontrolled by the said St. Louis & San Francisco companysystem.WHEREAS, The rights of way asked for aggregatemore than two thousand miles and cover every section ofthe Indian Territory available for railway purposes, alsoparalleling rights of way already granted by congressand lines of railway now building or in progress of construction,and practically constitute a monopoly of therailway business in the said Indian Territory, and grantsthe same to California & St. Louis & San Francisco railway,otherwise known as the St. Louis & San Franciscorailway, to the exclusion of all competitors and to theconsequent injury of citizens of the said Indian territory;andWHEREAS. By the telms of the treaty made by theUnited States with the five Indian tribes in the year 1866,which provided that one right of way should be grantedfor a railway north and south through the said IndianTerritory, and one right of way east and west throughthe said Indian Territory; andWHEREAS, The north and south right of way hasbeen taken by the Missouri. Kansas & Texas railway. aline of railway constructed thereon. and a line of railwayeast and west has been taken by the Choctaw Coal andrailway company, which said company is constructing aline of railway thereon; andWHEREAS, In addition to these railways providedfor in the treaty of 1866, the congress of the United States19

ACTS OF 1889. 291290 LAWS OF THE CHOCTAW NATION.has granted to other railways at different times, right ofway through the said Indian Territory, some of whichhave actually been built upon and others are now building,andWHEREAS, The public policy demands that the businessof this territory shall be given to no one corporationto the exclusion of all others and the territory obligationsof the United States having been violated by thegiving of other rights of railway than those provided forin the treaty of 1866; now, thereforeBe it resolved by the general council of the Choctawnation in joint session assembled ; That we herebysolemnly protest against the granting of the right of wayasked for by the said California & St. Louis Railway,otherwise known as the St. Louis & San Francisco RailwayCompany, as being a subversion of all the rights ofIndian citizens and as having a tendency to destroy thatcompetition which has been inaugurated by the grantingof the rights of way to others than those provided for inthe treaty.And we desire to respectfully represent to the con -gress of the United States that if the St. Louis & SanFrancisco Railway, otherwise known as the California SzSt. Louis Railway, be granted the rights asked for itwill practically end railway building outside of thatcompany in the territory, and leave the citizens of thefive nations at the mercy of one corporation in all futurerailway developments.And we further declare that in our opinion, basedupon the record of the St. Louis & San Francisco Railwayin this territory in the past, that the said railwaysfor which the rights of way are to be asked in the proposedbill, and that the corporation is asking for thesame for the purpose of intimidating other corporationsseeking to do business in the territory and to retard thedevelopment of competitive systems.And we further respectfully represent to the congressof the United States that the said St. Louis & SanFrancisco Railway has held ovef twenty years right ofway through this territory upon which it has never builtand is not now engaged in building.Be it further resolved, that a certified copy of thisjoint resolution be forwarded by the national secretaryof the Choctaw nation to the president of the UnitedStates, to the honorable secretary of the interior, to thepresident of the senate and speaker of the house of representativesof the United States of America.Be it further resolved, that this resolution shall takeeffect and be in force from and after its passage.Approved, November 5, 1889.BILL XLV1H.AN Acr repealing a portion of the preamble of "An actauthorizing the appointment of three commissionersto treat with the U. S. commissioners in reference tothe leased district," and for other purposes, approvedNov. 5, 1889.Be it enacted by the general council of the Choctawnation assembled : That all that portion of the preambleof the act authorizing the appointment of the commissionersto treat with the U. S. commissioners in referenceto the leased district, and for other purposes, approvedNov. 5, 1889, which reads, "And whereas, theChoctaws, by treaty of 1837, sold to the Chickasaws aone-fourth interest in all of their lands" be and the sameis hereby repealed, and this act shall take effect and bein force from and after its passage.Approved, November 9, 1889.

e/'292 LAWS OF THE CHOCTAW NATIONBILL XLIX.AN ACT entitled an act repealing an act to prohibit introducingsteer cattle in the Choctaw nation.Be it enacted by the general council of the Choctawnation assembled : That an act heretofore passed andbecame a law by its own limitation on the 30th of October.1888, to prohibit introducing steer cattle in theChoctaw nation, except in the months of November andDecember, is hereby repealed, and that this act shalltake effect and be in force from and after its passage.Approved. November 13, 1889.BILL L.AN ACT changing the county court ground of Wadecounty.Be it enacted by the general council of the Choctawnation assembled : That the county court ground ofWade county is hereby removed from what is known asKochot owa Kah court grounds to Tvli Hina, and it shallbe called and known as Tvli Hina court ground.The county court of Wade county shall hold its firstsession at Tvli Hina court ground on the first Monday inJanuary, 1890, and this act shall take effect and be inforce from and after the 31st day of December, 1889.Approved, November 13, 1889.BILL LII.AN ACT to provide for protection of the _rights of theChoctaw nation and her citizens against increasedencroachments by U. S. courts.WHEREAS, In pursuance of a custom long establishedamong the Choctaws and of the 38th article of thetreaty of 1866, white persons who intermarry with Choctawcitizens became entitled to all the rights and privil-ACTS OF 1889. 293eges of citizenship in the Choctaw nation, to vote andhold office, to sue and be sued in the Choctaw courts, tobe tried for offenses and punished in all respects asthough they were native born Choctaws; and whereas,Stephen Belvin, a Choctaw citizen by blood, beingcharged with the killing of one A. E. Powell, a whiteman, and citizen of the Choctaw nation by intermarriage,and had been arrested by the Choctaw authorities andheld for his appearance at the regular February term ofthe circuit court of the third district of the Choctaw nationfor tiial; and whereas, the said Stephen Belvin hasbeen arrested for the same offense and held for trial bythe district court of the U. S., holding session at Paris,in disregard of the said 38th article of the treaty of 1866,and disregard of the rights of the said Belvin and of theChoctaws; andWHEREAS, A case of a precisely similar -nature hasbeen taken into the U. S. courts at Paris, Texas, againstCaptain Joe Everidge, Turner Everidge, and Martin Everidge,charged with the killing of One Luther, a 'whiteman, but a citizen by intermarriage, and the defendantsare held there under bond; and whereas, in pursuance ofthe laws of the Choctaw nation of October 30, 1877, andOctober .28, 1887, Joe Nale, sheriff of -Tobucksy county,in pursuance of his duties under said laws, and in pursuanceof instructions of the U. S. Indian agent, soldsome houses in the town of Krebs, C. N., the property ofnon-citizens-- intruders—and disposed of them, they beingillegally there and pursuing an illegitimate businessin them, and whereas, in consequence suit has beenbrought in the L. S. court at Muskogee against the saidJoe Nale for the value of the houses sold, and damages,by the non-citizens; andWHEREAS, Suit has been brought in the court atMuskogee against Adolphus Riddle, administrator of the

294 LAWS OF THE CHOCTAW NATION.estate of Mick Nichols, deceased, of Jacks Fork county,and a citizen of the Choctaw nation, by intermarriage,at theinstance of one Huggins, a citizen of the state ofArkansas, and the property of said estate has been attachedby said court and the property taken from thecustody of the said Adolphus Riddle and ordered to besold at auction to the highest bidder for cash, to thegreat detriment of the interest of said estate and in utterdisregard of the jurisdiction of the Choctaw courts; andwhereas, Sam Harris, a registered freedman of the Choctawnation, became involved in a difficulty with andkilled Sam Brown, also a registered freedman of theChoctaw nation, both being residents of Towson county,and the case clearly coming within the jurisdiction of thecourts of the Choctaw nation, as in such cases decidedby Judge Parker, of the Fort Smith court, in the case ofMorris Green et al., from Gaines county; and whereas,the said Sam Harris is held for trial by the United Statescourt at Paris, Texas; therefore,Be it enacted by the general council of the Choctawnation assembled; That the principal chief of the Choctawnation is hereby authorized to employ the firm ofGuthridge, Fleming & Co., of Paris, Texas, to appear insaid courts and represent the interest of the Choctaw nationby pleading to jurisdiction of said courts in all suchcases, or to take such course as may be necessary in thedefense of the treaty and other rights of the Choctaw nationand her citizens, and for their services they shall receivethe sum of fifteen hundred dollars, to be paid onthe certificate of the principal chief whenever it shallhave been satisfactorily proven to him to be justly due.The said amount of money to be paid out of any moneyin the treasury not otherwise appropriated, and this actshall take effect and be in force from and after its passage.Approved November 14, 1889.ACTS OF 1889. 295BILL LIII.AN ACT to increase the pay of county officers.Be it enacted by the general council of the Choctawnation assembled: That the pay of the county officersof the Choctaw nation is increased as follows:County judges, $100 00County clerks, - 50 00Sheriffs and their deputies, each 50 00These amounts to be in addition to what is alreadyallowed them, and this act shall take effect and be inforce from and after its passage.Approved November 14, 1889.BILL LAT I.AN ACT changing an election precinct in Kiamitiacounty.Be it enacted by the general council of the Choctawnation assembled: That the election precinct known asLockston precinct in Kiamitia county, is hereby discontinued,and instead there is hereby established one-halfmile south of the said Lockston precinct, at what isknown as Saw Mill Church, a precinct which shall becalled and known as Saw Mill Church, and this act shalltake effect and be in force from and after its passage.Approved November 20, 1889.B. F. SMALLWOOD,P. C. C. N.BILL LV.AN ACT amending an act in reference to the scholars attendingboarding schools.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled: That the act of November1842, as found in paragraph 4, section 5, chapter 1,

296 LAWS OF THE CHOCTAW NATION.at the top of page 67 of the late compilation of Choctawlaws, and which reads as follows:"No family shall be allowed to have more than onescholar in the boarding schools of the Choctaw nation,"shall be and is hereby amended to read as follows;No family shall be allowed to have more than onescholar at schools in the states or in the boarding schoolsof the Choctaw nation.SEC. 2. In all cases wherein any family may havemore than one scholar at school in the states, or in aboarding school of the nation, the superintendent ofpublic schools bhall revoke the certificate of all but one,and proceed at once to fill any vacancies created thereby.This act shall take effect from and after the first day ofAugust, 1890, and be in force thereafterB. F. SMALL WOOD,P. C. C. N.BILL LVI.AN ACT to provide for further development of the mineralresources of the Choctaw nation.WHEREAS, There is a growing necessity for increaseof the funds of the Choctaw nation to meet the demandsfor education and all elevating agencies ; and whereasthose minerals which are undiscovered in the bowels ofthe earth can be of no possible benefit to the present orfuture generations unless they find development and areoperated, therefore,Be it enacted by the general council of the Choctawnation assembled: That any citizen of the Choctaw nationwho shall discover lead, iron or other metal, or mineralother than coal, shall be allowed the exclusive privilegeof working the same within a radius of one mile fromthe point of discovery, provided that he shall duly recordACTS OF 1890. 297the same in the office of the county clerk of the countywherein the same metal or mineral may be located.Provided, further, that he shall pay a royalty on thesame to the Choctaw and Chickasaw nations of 6 percent., three-fourths to the Choctaw and one fourth to theChickasaw nation of said 6 per cent., of the value of themetal or mineral when it is prepared for the generalmarket ; and provided, further, that he shall be requiredto enter into contract with the national agentBILL LVII.AN ACT relating to citizens of the Choctaw nation takingthe oath of allegiance to the United States.Be it enacted by the general council of the Choctawnation assembled : That any member of the Choctawtribe of Indians, either by blood, adoption, or by marriageinto said tribe and stfject to the government ofthe Choctaw nation, who has taken or may hereaftertake the oath of allegiance to the government of theUnited States, shall be disqualified to hold any office oftrust or profit in the Choctaw nation, and to vote at anyelection in said nation, and to be impanneled as a jurorin any court under the government of said Choctawnation.This act shall take effect from and after its passage.Approved, October 25, 1890.BILL LXI.W. s N. JONES,P. C. C. N.AN Acr relating to the school system of the Choctaw nation.Be it enacted by the general council of the Choctawnation assembled:

298 LAWS OF THE CHOCTAW NATION.BOARD OF EDUCATION.CHAPTER I.SECTION 1. There is hereby created a board of educationof the Choctaw nation, to be composed of theprincipal chief, who shall he ex officio president of saidboard, one superintendent of schools, and three (3) districttrustees, one from each district. The superintendentof schools and the district trustees shall be elected by bothhouses of the general council in joint session; shall holdoffice for the term of two years, and until their successorsare qualified, and shall receive for compensation anannual salary as follows; The superintendent, six hundreddollars ($600); each district trustee four hundreddollars ($400), to be paid quarterly „ out, of, the generalfunds of the nation.SEC. 2. Said superintendent and district trusteesshall each, before entering upon the duties of their respectiveoffices, give bond to the Choctaw nation with atleast two good sureties, in the sum of five thousand dollars($5,000), to be approved by the principal chief, conditionedupon the faithful performance of all duties imposedon them by law. They shall each take the usualoath of officers of the Choctaw nation.SEC. 3. The powers and duties of the board of educationshall be as follows, to-wit:1. To exercise a general supervisory control overthe school system of the Choctaw nation.2. To make all necessary rules and regulations, notinconsistent with this act, for its own government andthe government of the various academies, seminari es andneighborhood schools.3. To examine and appoint all teachers as hereinafterprovided.ACTS OF 1890. 2994. To contract with superintendents of publicschools, but no such contract shall be valid unless approvedby the principal chief and signed by at leastthree other members of the board.5. To revoke the certificate of any teacher for immoral,intemperate or improper conduct.6. To prescribe the text hooks to be used in allschools.7. To suspend any academy or seminary in case ofgeneral sickness or epidemic.8. To discontinue any neighborhood school, shouldthe same in their judgment be expedient.9. To designate permanent locations for any or allthe neighborhood schools, if in their judgment such actionwould promote the cause of education. Powers inparagraphs 8 and 9 may be delegated to respective dis -trict trustees.10. To prescribe the course of study in the variouspublic schools, and it is made the duty of the board tofoster, as far as possible, in the academies, manual trainingin the mechanical arts and theoretical and practicalagriculture.11. To select scholars to be sent to the states toschool at the public expense ; such scholars must be selectedfrom those in attendance upon public schools ;they shall be selected from the various districts as nearlyas may be in proportion to the school population ofeach, and the number of each sex shall be kept equal.They shall be examined by some competent physicianselected by the superintendent of public schools, and ifphysically disqualified, shall be rejected and others sentin the stead of such as may be rejected.The board of education shall have a seal with the inscription,"Board of Education, Choctaw Nation." It

300 LAWS OF THE CHOCTAW NATION.shall keep a record of its proceedings, and its official actsshall be authenticated by its seal.Site. 4. It shall be the duty of the board of educationto select one superintendent and at least two teachersfor each public school now, or hereafter to be erectedin the Choctaw nation. Advertisements shall be insertedin papers in at least three different states and in one paperin the Choctaw nation, setting forth the duties, qualificationsand emoluments of such superintendents andteachers, other things being equal, preference shall begiven to applicants professing Christianity. The teachersshall have at least ten years' experience in their pro -fession, and must bring ample testimonials as to COM -petency and morality. The male teachers must be graduatesof some college of established reputation and capableof giving instruction in Greek, Latin, German andFrench. The females must be graduates of some higherinstitution of learning or some reputable normal school,and capable of instructing in two modern languagesother than English. Upon the approval of this act, itshall be the duty of the superintendent of schools at onceto notify the superintendent of public schools in writing,that the Choctaw nation elect to cancel all existing contractsat the expiration of the current scholastic yearHe shall then begin to negotiate for new contracts. Asto academies, seminaries or high schools hereafter to beestablished, contracts will be made in accordance withthe first paragraph of this section and section 5 of thischapter.Paragraph 2, as to public schools now in existence;The board of education may 'in its discretion, make contractsas heretofore, subject to the general provisions ofthis act, with boards of home missions, in which latterevent, however, paragraph 1 of this section and section5 of this chapter shall not apply, nor will the nation en-ACTS OF 1890. 301gage to pay the salaries of superintendents or teacher's insuch schools. Such contracts shall also contain a clauseauthorizing either party to rescind the same upon sixmonths' notice in writing to the other, and the absence ofsuch stipulations shall render such contract void abinitio.SEC. 5. The superintendent of each of the publicschools shall receive an annual salary of $1,200, to bepaid in equal quarterly installments out of the generalfunds of the Choctaw nation. The teachers in said publicschools shall receive each an annual salary of notless than $750 and not more than $1,200, to be paid inlike manner and out of said general funds. The superintendentsshall hold their positions for six years, andthe board is authorized to make written contracts tothat effect. Any superintendent or teacher may, how-- ever, be discharged upon charges sustained by the board;but said charges must be in writing; must be heard bythe full board. The party charged must have writtennotice of the time and place of investigation and givefull opportunity to be heard in his or her own defense,and at least four members of the board must concur insustaining the charge and charges.SEC. 6. All sums appropriated for the support andmaintenance of the public schools shall be paid out tothe respective superintendents in equal installments onthe first Mondays in September, November, Februaryand May of each year. The superintendent of schoolsshall make his requisition for such sums, under directionof the board, upon the national auditor, who shall thereuponissue his warrant for the same, said warrants shallbe paid out of the respective appropriations by thenational treasurer, any surplus remaining over at the expirationof the scolastic year, shall be returned by thesuperindent in whose schools such surplus shall exist,

Mori"?'•302 LAWS OF THE CHOCTAW NATION.to the national treasurer, and by him converted into, thetreasury. This section shall apply to all new contractswhatever with superintendents of public schools.SEC. 7. The board of education shall examine allapplicants for the position of teacher in the neighborhoodschools, but for this purpose the principal chiefand each district trustee:may each select a proxy to rep -resent him at such examination. Such proxies neednot be citizens of the Choctaw nation, but must be competentto conduct such examination. The applicantsshall be examined in reading, writing, spelling and grammar of the English language, in geography and history,particularly of the United States ; a fair knowledge ofthe constitution of the United States and of the Choctawnation shall also be required. It is particularly enjoinedupon the board, in selecting teachers, that regard can behad to the disposition of applicants as far as the samecan be determined by personal observation at the timeof such examination. Upon the conclusion of the examinationsin each district, each successful candidate shallbe required to enter according to merit into one of thethree grades to be known as "First," "Second" and" Third " Grades, the first being the highest. Eachsuccessful candidate shall receive a certificate from theboard, specifying his or her grade. Teachers shall beassigned by the board, as near as may be, to the neighborhoodschool whence they are sent by the respectivelocal trustees ; but if any local trustee fails to send acandidate, or having sent one, such candidate fails tosecure a certificate, then the board shall send some othercompetent person to such neighborhood. The foregoingexamination shall be conducted at least once in eachdistrict annually, and for their services in this behalfthe members of the board doing the actual labor shallreceive each the sum of $5.00 per day and mileage at

ACTS OF 18bv.,ile actuall,the rate of five (5) cents per mile for eaL, held moitraveled. Such examinations shall not.than five (5) days each year in each district. The timeand places of such examinations shall be fixed previouslyby the board, and at least three months' noticegiven thereof by advertisement in one newspaper publishedin the nation, the expense to be paid out of thecontingent fund of the superintendent of schools.SEC. 8. The scholastic year of the public schoolsshall begin on the first Monday of September of eachyear, and shall close between the 10th -,nd 30th of June.The superintendent of schools and three district trusteesshall attend the annual examination of each of saidschools ; and to this end the board of education shall,by regulation, fix the dates of the closing, thereof in suchwise as to enable said superintendent and district tru -,-tees to be personally present at all of said examinations.9. The superintendent of schools shall havean annual SEC. contingent fund of $450, and each districttrustee of $750. for the expenditure of which they mustaccount to the full board of education at its annualmeeting. All minor expenses not herein specificallyprovided for shall be paid out of tile respectiveconting-ent funds. SEC. 10. The full board of education shall meet atleast once in every year in regular annual session. Thisnaeeting shall be at Tushka ilLmtna, and shall begin(luring the first week of the regular annual session of thegeneral council ; at such tneeting the board shall makeup its annual report to said council. Such report shagcontain an itemized account of all expenditures on acount of schools by said boar', or any of its membeIt shall also contain a general review of the last scastic year the condition, progress and attendance aschools, and such recommenaations as to legislati,30: 305ACTS OF 1890.\cates of the district trustee of the district in which suchshall be located. Such certificate shall be made out uponthe monthly report of each teacher when certified toby the local trustee. Each district trustee shall file allcertified teachers' reports and present the same to theboard at its annual meeting, with his district report.SEC. 3. The district trustees shall also report to theboard, at its regular annual meeting, the names of allthe scholars as reported to them by the local trustees.SEC. 4. Each district trustee shall have power tosuspend any neighborhood school in the district in timeof general sickness or epidemic in the neighborhood.SEC. 5. The district trustee shall, each in his owndistrict at once upon the receipt by him of any chargesagainst any teacher in the district, to investigate thesame, and if the charges are sustained to suspend thedelinquent and appoint as a substitute any availableperson holding a certificate from the board of education.LOCAL USTEES.CHAPTER IV. tiTect!SECTION 1. There shall be a local truhisneighborhood, who shall be the head of a Agea\be appointed by the district trustee of his to theseCtiObold office for one scholastic year.It shall be the duty of the lo(SEC. 2,select one competent person in his neigh :leastmay be a non-citizen and send him or her td,teachers' examination in this district. He sh\iil visit,school at least once a month, and at the end of ttmonth he shall examine the teacher's rep(t and aceand if the same be correct, he shall so certify.account and certificate shall be sent by the teacher L,district trustee. He shall report to the district tru,.

309be no i • • a ACTS OF 1890.:s toihoeld jtolline jt five Ye:ithough a regular course shall be11-,,,, rjger or sootier di s( but any pupil may be retained' ndation by the sn iarged by the board upon, recomt81':c' 5. Upon 8e3rintendent of either school.teYn deaecr,-n, judge shalldcting the scholars from his countf . ' ' of Public sou )rthwith notify the proper superin-f(sh such " 1101ar, ar tools of names and postoffice addressha eriff of ,,, ,his (:oo nci,i t ,d also the name and address of they. If any pupil to whom a certificateao 8 beeri iSSUed ftening of shall fail for ten (10) days after thesch 8U. 'pi el. theeri nt"il eaing r .I, o, when the certificate was issued_etty) enu oinifl m , of school, for ten days after the propers,00,, it ,as been notified to report to his or hercool li to she the duty of the superintendent of suchSheriff , niy the proper sheriff of such failure. The811 '111 a/Pil wa s not d (i t t once investigate the case, and if the pufamily,tiv tained by high water, or sickness of selfto the )ren he shall take such pupil within 'ye day sguardia1.and fi ve ccper school at the expense of parent orFor this duty he shall be allowed $2 per dayby each 81.1tits per mile for each mile actually traveledroute. TVand if, on/udent and by himself by the usual tra-eled:le sheriff's account must be verified under or'\tie saildemand, the parent or guardila , ...7use to 1,:cuit c,, the sheriff may take summary judgment in tliMlle it, ')urt of his district, upon a satisfactory showingther-t judge thereof, that the expenses were lawfully insucl,otice or demand against such parent or guardian.-Upoy , for the amount of his bill and costs, without furbe/A such judgment execution shall issue forthwith. Ifdi (n execution cannot be satisfied, then the sheriff shallpaid out of the county treasury where such executionebtor resides, upon the county judge being satisfiedof the correctness of the account. The county payingthe account shall be subrogated to the sheriff's rightsthe schools within t' hoctaw nation establishecianait is hereby made /duty of all Choctaw paret orguardians to send r children to school.SEC. 4./,ints or guardians of all enroli-dchildren n who fail tInd them to school shall be fined:ten cents per day f , ?ach child enrolled who shall failin attendance The (not wever i to exceed $2.00 per child permonth), except it; t ri .ses of sickness, bad weather, orOther casualty r money shall be collected as provid-ed ity section 5, e Ipter VI., of this act (but in no caseshall any s um 1.1 paid out of the county treasury onthis/ account), 8100be paid into the contingent fund ofthe/district true ,'C. of that district. In case of necessityor /other good c use shown to the district trustee, he mayecuse X any c h ; 4yfrom attendance upon the neighbor-ood schools easonable periods of time..,/ SEC. 5 . teachers in neighborhood schools shall befentitled to o ti dollars ($2.00) per month for each scholari in attendar ,e, when such scholar has attended more) than twent: days in the mouth. But where the attendl' ance has 7 Peen less than twenty (20) days, then suchJteacher s in ill receive 10 cents for each day of attendance;,provided, J , iowever, that teachers of the first grade shallfi Ot reeeiV( '3 over forty-five dollars ($45) in any one month;-Ise of al ie second grade not over thirty dollars ($30),-(44.thos, 3 of the third grade not over twenty dollarsbk., )to e%-tei. 6. A scholastic month shall be taken and heldtesipo nd from a day of one calendar month to the corndingday of the succeeding calendar month.BOARDING SCHOOLS.CHAPTER VI.SCTIoN 1. The superintendent of each boarding.hool in the nation shall give a bond with at least two

\\W -staio•310 LAWS OF THE CHO(n be nlore than a°111t;under the execution. If there Ity it shall-be tile - circuitdelinquent pupil in the same cot e trip, a"a the roofthe sheriff to take all such in o, ), case where this -13court shall not give judgment in alsoied wIth •, c,bolarvision appears not to have been co; ore than olleSEC. 6. No family shall have 11.00-‘s of this nati°'at any one time at the boarding set:\ ksnor in the states at the expense ofORPHAN SCHOOIA •\CHAPTER VII. orphan boys\?t3Theelock serrikt--) relatives or)y the respec-SECTION 1. There shall be fifty (50')Armstrong academy and fifty girls at Wknary. During vacation such as have rAproper friends to visit, shall be cared for 1\ .tive superintendents.SEC, 2. There shall be no restriction aE\regular course shall be five years ; but the lidiscretion may, in particular cases, order tilor discharge of any pupil. ' No pupil shall be kexcept upon the order of the board.SEC. 3. The county judge shall select tlapportionment having been made by the boar('\cation as provided for in the case of boardinRegard shall be had in selections to the most nekmore than one pupil may be sent from the sameSEC. 4. Each sheriff shall collect all pupil:,take them in one trip to the proper school. He slii,allowed $2.00 per day and actual necessary expense\,,be paid out of the respective county treasuries uf),,,properly certified accounts.; to age. The)oard in itshe retentiondischargedSEC. 5. The superintendents of orphan schoolshall give a similar bond and shall report in like mannerle pupils,A of edugshools.,dy ,tnd11 beS, too n;308LAWS OF THE CHOCkTION -su rp4, payable to the principal4 , and to he aP -prded by him; in the sum of fi",1110,0,sand dollar's(*),000), conditioned upon the faithfin'erformauce of lasT his contrac tuties as imposed by law, and obserr'with the board of education.SEC. 2. The superintendents '..,11 -icie:aii.e charge Oftheir respective schools, and conducr:k.11,:Tlaismlaeleynseal: 1:dae:eal s eofsupervision of the board of educatieach schla,stic. ofull reports to the board at the end fifyear, which reports shall embody theall scholars, with their percentage in e' acii s tudy, t.Y; attendance,and other matters connected w ith their progressand the internal discipline of the mont S,CyislOISO.elliScaolitv011i ega:;:aallwith an itemized statement ofexpended, accompanied with proper voh tch ers.SEC. 3. The number of scholars a',t each of tile"\e,scaaeuly the.schools shall be one hundred; at Spencer )shall be boys, and at New Hope Seminary' , they sh all bt\girls. One of each sex shall be chosen fr .orn the Choc" .\,.taws residing in the Chickasaw country, n inety id" (4 \`.,each sex shall be apportioned among the N'cowl- Ities in the Choctaw nation by the board ofit l e1 cd1 l'el) l eti cacsoti b ' ule: st : eiproportion to the school population of sq.The board shall notify the county judge of each ea: heoco li 11;y_. 1at least thirty days before the beginning oflastic year, how many pupils of each sex hi;;- -delientitled to; each county judge shall then selecelardi. di,ty's quota from the neighborhood schools andperson so selected, or to his or her parents orgtrea certificate of such selection.,SEC. 4. Before admission each scholar shall ef°Pequired to pass a creditable physical examination 1.i',,some competent physician selected by the superintt nd -entof schools, and also a mental examination, the sta'aliard of which shall be fixed by the board. There sL

312ioN.LAWS OF THE CHOC-V4be and the sameSpring precinct, located in Blue°11litY'are hereby abolished.pre °t iselection Pr in _BlueBe it further enacted, That all Jones' house,hereby established at CorneliusJones' n, known ase- prcounty, an3-114d shall be called and nil this'1 i precinct. -a — itscinct, and voters may vote at sal, , eii from anactshall take effect and be in for(afterpassage.Approved October SO, 1890,T. N. "NES'p. • C- NW \\,BILL LX.AN ACT changing boundary lines of eelBe it enacted by the general councilnation assembled: That the boundarycounty. shall be as follows, to-wit: Begilof the dividing ridge where the dividinglattubbee district strikes the boundary li.,of Arkansas, running thence along the toiing ridge westward to where the road leadi-fain "unties.of iiii_ftoeCtfutlelteletaiatvtlholine-alittd.o:i_gf W adeCling heine 0 NI°8—°ne 0 h s e1 oribe aprairie to Fort Smith crosses the same; ligthfri:;:i ley iall :l aọbirtosiva ee;said road to Jack's Fork, to its junction withence down Kiamitia to the narrows, one I springHoteka's place; thence on a straight line tothe Kiamitia mountain, known as Okchag.thence following a line on the top of the mainmountain, eastwardly, to the Arkansas line; then(said line:northwardl y to the beginning.SEc. 2. Be it further enacted, That the I -1lines of Cedar county are hereby changed, so tht.follow up Ward's creek to its junction with Littltto the source of said Ward's creek; thence in a tn..wardly direction on a straight line to the top of the m:.

ACTS OF 1890. 313Kiamitia mountain to a junction with Wade county un -der the old boundary east of Ward's creek, and the linefrom its source to the top of Kiamitia mountain is herebydeclared a part of Nashoba county, and all that portionon the west of said Ward's creek and the line ishereby declared a part of Cedar county.SEC. 3. Be it enacted. That all former laws arehereby repealed, and this act take etlect and be in forcefrom and after its passage.Approved October 31, 1890.W. N. JONES,P. C. C. N.BILL LICIT.AN ACT to punish official corruption and the bribery ofvote: s.• enacted by the general council ofTIN 7 Choctaw citizen

314 LAWS OF THE CHOCTAW NATION.able thing whatever, as a consideration for the suffrageof said voter, or with intent to influence said voter, as tohis vote, or to subvert his free choice, shall he deemedguilty of a felony, and upon indictment and conviction.shall be punished as provided in section 1 of this act.This act shall take effect frotn and after its passageand approval.Approved, November 3, 1890.W. N. JONES,P. C. C. N.BILL LXIII.AN ACT to facilitate the detection of larceny of cattle inthe Choctaw nation.Be it enacted by the general council of the Choctawnation assembled: That every hutch' -in this nation shall keenand -" -

LAWS OF THE CHOCTAW NATION.SEC. 5. It shall be the duty of each Supreme Judgeto preserve duplicates, male at the time, of all receipts sogiven by him to the various Sheriffs. These dupltcateshe shall deliver to said Speaker of the House in person, assoon as practicable after he has delivered the poll books tothe National Secretary.SEC. 6. In case any Supreme Judge is unable, byreason of sickness or other unavoidable casualty, to deliverthe poll books and duplicate receipts in person tothe National Secretary_ and Speaker of the House, .respectively,as herein above required, then he shall atonce notify the National Secretary of such inability. TheNational Secretary 'shall thereupon proceed in person tothe place where such Supreme Judge may be, and thenreceive from him the poll books and duplicate receipts,and deliver to him receipts as herein above required, andc', . 1 1 then deliver the books, fn -rosoid. In

11111111WPFINXIMINIMININIMEIMELAWS OF THE CHOCTAW NATION.(ENGLISH) BILL LXIV.An Act for the better securing the safety of the electionreturns in the election of Principal Chief, and of theNational officers.Be it enacted by the General Council of the ChoctawNation assembled.SECTION 1. That at every election for Principal Chief,or any or all of the National officers, upon the delivery bythe Sheriff or his deputy, to the proper Supreme Judge ofthe poll books, of such Sheriff's county, said Judge shallgive to such Sheriff a receipt, naming each poll book received.and particularly describing the same, ,:whether securelysealed, mutilated or not.SEC. 2. The Supreme Judge shall at once depositsuch poll books in a secure box or other safe receptacle,in which there shall be

ACTS OF 1891. 315No. 16.AN ACT recognizing the citizenship of certain MississippiChoctaws.Be it enacted by the gene-ral council of the Choctawnation assembled: That the following Mississippi Choctaws,late arrival to-wit; 1 Cornelius Hickman, 2 ElizaAnn Hickman, 3 Jeff Hickman, 4 Presley Isham, 5 EllenIsham, 6 William Isham, 7 Nat Sakki, 8 Dixon Ripley,9 Taylor Bell, 10 Alex Sakki, 11 Jane Sakki, 12 LeeNobbe, 13, Henson Haltenstyle, 14 Phcebe Haltenstyle,15 Milton Haltenstyle, 16 Jesse Haltenstyle, 17 Fall Haltenstyleare hereby recognized as citizens of this nationane are entitled to all the rights, privileges and immunitiesof other citizens of this nation; and this act takeeffect and be in force from and after its passage.Approved April 9, 1891.W. N. JONES,P. C. C. N.

316 LAWS OF THE CHOCTAW NATION.No. 27.AN ACT granting to John E. McBrayer a ferry on theArkansas river.Be it enacted by the general council of the Choctawnation assembled : That John E. McBrayer, a citizen ofthe Choctaw nation, residing at Tarnaha in San Boiscounty, is hereby authorized and permitted to establishand operate a ferry at Pleasant Bluff, on the Arkansasriver, the said 'McBrayer being the owner of the premiseson the Choctaw side adjoining the landing. This privilegeshall continue for the period of ten years, extend upand down the river for the distance of one mile each way.Said McBrayer to keep the banks and approaches to theferry, and his ferry boats in good condition, and theChoctaw nation to be in no way responsible or liable toany party for loss or damage by reason of said ferry.Said McBrayer shall have the right to charge for vehiclesdrawn by more than two brliseventy-fivecetit,'

ACTS OF 1891. 317.frascertained to be due the orphans now at Armstrong andWheelock, arising under per capita distribution of theleased district money, under act of congress, approvedMarch 3, 1891, shall be covered into the national treasuryand so entered on the books thereof, and shall drawinterest at the rate of four per cent, per annum.SEC. 2. That a list of said orphans shall be filed inthe auditor and treasurer's office, with the age of eachorphan, and upon becoming of age of any orphan hereinprovided for, it shall be the duty of the national auditor,without further action of the general council, uponproper application, to issue his warrant on the treasurerfor the said orphan's prorata of said sum with the accruedinterest thereon.SEC. 3. That this act take effect and be in forcefrom and after its passage.- 4 mil 11, 1891.W. N. JONES,--'C CN

318 LAWS OF THE CHOCTAW NATION.No. 4.AN ACT requiring national contractors to furnish transportationfor inspectors.WHEREAS, It is necessary that the inspector for theChoctaw nation be present when every inspection of tiesand measurement of lumber and all kinds of timber ishad, andWHEREAS, Great numbers of ties and other timbersare brought to the track at points where there is no station,andWHEREAS, It is a source of great inconvenience tosaid inspectors on all the lines of railroads in this nationto devise means for attending said inspections,therefore,SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That the contractorsfor furnishing ties and timbers of all 1 •railroads running *1--

ACTS OF 1891. 319hereby granted to Walter Patterson to turnpike and establisha toll-gate at a point on the Fort Smith and Mc-Alister road, where said road crosses Gaines creek, inGaines county, upon the following terms and conditions:That if said Walter Patterson turnpikes by grading theearth and leveling with stones the said road from whereit crosses Gaines creek westward to a distance of fivemiles he shall be entitled to demand and receive therefor,from all persons on the same, except citizens of thisnation, the rates of toll, to wit: . For each four wheelwagon, or other vehicle, drawn by four or more horses,mules or oxen, with driver, the sum of 50 cents; for eachfour wheel wagon or other vehicle drawn by one or twohorses, mules or oxen, with driver, 25 cents; for man andhorse, 10 cents; each person on foot, 5 cents; for eachanimal in every drove of cattle, horses, mules, hogs orsheep, 1 cent.ri,-,ther enacted, That privilege to re-4-ke effect until said

ACTS OF 1891. 321titled to 10 per cent of all money collected by him underthis law; and this act shall take effect and be in forcefrom and after its passage.Approved April 8. 1891.W . N. JONES,P. C. C. N.No. 13.AN ACT entitled an act regulating the time and mannerof sheriff's making reports to their respective countytreasurers, and for other purposes.Be it enacted by the general council of the Choctawnation assembled: That each and every sheriff of thisnation is hereby required to make quarterly reports totheir respective county treasurer, exhibiting for his inspectionall papers, permits, executions and other documentsof whatsoever character remaining in his hands-ved, and then and there turn over all-;(1 treasurer; and all

322 LAWS OF THE CHOCTAW NATION.in compliance with section 1 of this act, and if it shouldbe found, after examination, that said sheriff has fairlyexhibited all papers in his office and duly turned overand accounted for all funds due the county of which heis sheriff, he shall so certify in writing to that effect, andit shall be a receipt to the sheriff for that quarter; provided,however, that the sheriff's report and examinationof the papers in his office, together with the deliveryof the county funds by said sheriff to his respectivecounty treasurer shall be made in open county court andunder the supervision of the county judge, and the resultof such examination, etc., be spread upon the minutesof said court to be approved by said judge. Andprovided further, that should the treasurer find upon examinationof any sheriff's office that he is withholdingfunds due the county of which he may • • 1- 1 1be his duty to so statP t^- "

ACTS OF 1891. 323this act, are hereby repealed, and that this act take effectfrom and after its passage.Approved April 8, 1891,W. N. JONES,P. C. C. N.No 15.AN ACT admitting certain Choctaws from Mississippi tocitizenship in the Choctaw nation.Be it enacted by the general council of the Choctawnation assembled: That Joe Willis and his children,Nancy Selan, and Frank Willis and his sister LineyWillis, and Billy Willis and his children Lee and SerenaWillis, Thompson Barnett, James Sakki and ThomasSakki, and Wallace Sam and his wife Fannie Sam andtheir children Miley, Jeruzy, Luke, Silley, Lizzie, Lizaand Era Sam, all having just come from the old nationhereby admitted to all of the rights- Choctaw nation, and

324 LAWS OF THE CHOCTAW NATION.elections ; and this act shall take effect and be in forcefrom and after its passage.Approved, October 15, 1891.J. H. BRYANT,Acting P. C. C. N.No. 8.AN ACT establishing a precinct in Cedar county.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That an election precinctis hereby established at or near the Gilbert Cooperplace, in Cedar county, to be called and known hereafteras Lick precinct.SEC. 2. Be it further enacted, that the first electionheld at said Lick precinct shall be on the first Wednesdayin August, 1892, and thereafter ; and this net Qhalltake effect and be in force from are'

ACTS OF 1891. 325act shall take effect and be in force from and after itspassage.Approved, October 15, 1891.No. 11.J. H. BRYANT,Acting P. C. C. N.AN ACT granting to Moses Wooldridge the privilege tograde and work the Fort Smith and Eufala road acertain distance in San Bois county.Be it enacted by the general council of the Choctawnation/assembled:SECTION 1. That the privilege is hereby granted toMoses Wooldridge to establish a toll gate at a place onthe Fort Smith and Eufala road between Emachia'screek and Broken Town, in San Bois county, upon the4._'ions: If the said Moses ‘Vooldridge—id removing the rocks,

326 LAWS OF THE CHOCTAW NATION.SEC. 3. If any non-citizen shall refuse to pay thetoll as aforesaid, he shall be reported to the UnitedStates Indian agent for his action in the matter.SEC. 4. That an act approved Nov. 3, 1890, grantingsimilar privileges to Moses Wooldridge, is herebyrepealed; and this act to take effect and be in force fromand after its passage.Approved Oct. 20, . 1891.J. 11. BRYANT,Acting P. C. C. N.AN ACT governing district collectors and inspectors.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled ; The district collectorsand inspectors shall make, at the end of each quarter, areport of all monies due from contractors or licensedtraders, or any other person under their supervision, tothe national auditor and treasurer. and --- 'ment the auditor shall ;--

ACTS OF 1891. 327the amount due, read such statement to the collector orinspector. The judge shall receive no fee for adminsteringsuch oaths.SEc. 4. This act shall take effect and be in forcefrom and after its passage.Approved, October 20, 1891.J. H. BRYANT,Acting P. C. C. N.No. 16.AN ACT granting to Robert Benton a ferry on Poteauriyer.SECTION 1. Be it enacted by the general councilof the Choctaw nation assembled: That Robert Benton,a citizen of the Choctaw nation and a resident ofSugar Loaf county, Choctaw nation, is hereby author-'f-ted to establish and operate a ferrymouth of Caston creek, the

ACTS OF 1891. 329a misdemeanor in office, and removed from office, as thelaw in such cases prescribes, and this act shall take andbe in force from and after its passage.Approved Oct. '22, 1891.W. N. JONES,P. C. C. N.AN ACT establishing an additional election precinct inNashoba county.Be it enacted by the general council of the Choctawnation assembled : That an additional election precinctis hereby established at Second District court ground,in Nashoba county, and shall be called and known asAlikchi precinct, and all the citizens of Nashoba countyare privileged to vote at said precinct in all elections.And that this act take effect and be in force from

330 LAWS OF THE CHOCTAW NATION.AN ACT to establish an additional election precinct inJack's Fork county.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled That there be an additionalelection precinct in Jack's Fork county, aboutone mile east of Graham Anderson, and to be called andknown as Big Cane precinct, and all the voters in Jack'sFork county shall have the right to vote at said precinct,and this act shall take effect and be in force from andafter its passage.Approved, October 28, 1891.W. N. JONES,P. C. C. N.AN ACT granting to Maurice Cass the privilege to turnpikethe Nanili-itte-tekili Gap, and establish a tollgate thereon.Be it enacted by the general councilnatioe assembled: That thPL .., v

ACTS OF 1891. 331the sum of five cents; for each animal in every drove ofcattle horses, hogs, goats and sheep, the sum of one centper head.SEC. 2. Be it further enacted, That the privilege toreceive toll herein granted shall not take effect till saidturnpike is completed, and shall continue in full forcefor the period of ten years; provided said turnpike shallbe kept in good order and repair.SEC. 3. Be it further enacted, That if any personor persons, not citizens of this nation, refuse to pay thetoll aforesaid upon application, with proper proof beingmade to the United States Indian Agent, he shall takesuch steps as may be necessary to receive and collectthe same.SEC. 4. Be it further enacted, That this act takeeffect and he in force from and after its passage.Approved Oct. 29, 1891.W. N. JONES,P. C. C. N.AN ACT in relation to the scholars at the public schools.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled: That the board of educationshall not allow more scholars at any of the publicschools of this nation than is specified by law, and thisact to take eftect and be in force from and after its passage.Approved Oct. ,29, 1891.W. N. JONES,P. C. C. N.AN ACT to change an election precinct in Jacksoncounty.Be it enacted by the general council of the Choctawnation assembled: That the election precinct in Jack-

332 LAWS OF THE CHOCTAW NATION.son county known as Luk-Fappa precinct, is hereby removedto a point formerly known as Itakshish ChurchGround, about five miles distant, and shall be known asItakshish election precinct, and all elections, special andgeneral, shall hereafter be held there, and all acts orparts of acts coming in conflict with the provisions ofthis act are hereby repealed, and this act shall takeeffect and be in force from and after its passage.Approved, December 3, 1891.W. N. JONES,P. C. C. N.AN AciNt0 establish an additional precinct in SugarLoaf' County.Be it enacted by the general council of the Choctaw_nation assembled That an additional election precinct,to be called and known as Black Fork election precinct,is hereby located in Sugar Loaf county, at Black Fork,in said county, and shall hold an election on the firstWednesday in August, A. D. 1892, and this act shalltake effect and be in force from and after its passage.Approved, December 3, 1891.W. N. JONES,P. C. C. N.AN ACT changing the court ground of Cedar county.Be it enacted by the general council of the Choctawnation assembled: That the county court ground ofCedar county is hereby removed from Pine Hill courtground to Sulphur Spring, and it shall be called andknown as Sulphur Spring court ground. The countycourt of Cedar county shall hold its first session at Sul -phur Spring court ground on the first Monday in Jan.

ACTS OF 1891. 333nary, 1892, and this act shall take effect and be in forcefrom and after its passage.Approved, December 3, 1891.W. N. JONES,P. C. C. N.AN ACT changing the court ground of Gaines county.Be it enacted by the general council of the Choctawnation assembled : That the county court ground ofGaines county is hereby removed from Boiling Springcourt ground to Hartshorne, and it shall be called andknown as Hartshorne court ground. The county courtof Gaines county shall hold its first session At Hartshornecourt ground on the first Monday in January,1892, and this act shall take effect and be in force fromand after its passage.I Approved, December 3, 1891.W. N. JONES,P. C. C. N.AN ACT changing the election precinct of Gaines county.Be it enacted by the general council of the Choctawnation assembled: That the election precinct of Gainescounty is hereby removed from Freeney precinct toHartshorne, and it shall be known as Hartshorne precinct.The first election shall be on the first Wednesdayin August, 1892, and this act shall take effect andbe in force from and after its passage.Approved December 3, 1891.W. N. JONES,P. C. C. N.

334 LAWS OF THE CHOCTAW NATION.AN ACT for the protection of public moneys.Be it enacted by the general council of the Choctawnation assembled.SECTION 1. That the national auditor shall issue nowarrant on the national treasury, except in consequenceof an appropriation made by the general council, andthat the national treasurer is hereby instructed to payno warrants unless issued in conformity with this act.Be it further enacted, that this act shall take effectand be in force from and after its passage.Approved December 5, 1891. W .N. JONES,P. C. C. N.AN ACT to authorize the board of education to let contractsfor conducting the several new academies andnaming the same.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled: That the academy locatednear Hartshorne shall be known as Jones academy;that the academy located near Tushka Homa shallbe known as Tushka Homa Female Institute; that theacademy lately provided for Choctaw freedmen shall beknown as Tustika Lusa Institute.SEC. 2. Be it further enacted, that the board of educationshall be authorized io let contracts for carryingon the school at Jones Institute with one hundred boys;at Tuska floma Female Institute with one hundred girls;at Tushka Lusa Institute with thirty students, in proportionprescribed by law.SEC. 3. Be it farther enacted, that the board of educationin letting said contracts shall be governed by theschool law of the Choctaw nation, approved October 31,1890, said contracts to be for the opening of each institutionon the first Monday in September, 1892.

ACTS OF 1891.335SEC. 4. Be it further enacted, that this act shalltake effect and be in force from and after its passage.Approved December 5. 1891.W. N. JONES,P. C. C. N.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That all persons ofAfrican descent, resident in the Choctaw nation at thedate of the treaty of Fort Smith, September 13th. 1865,and their descendants formerly held in slavery by theChoctaws or Chickasaws, are hereby declared to be entitledto, and invested with all the rights, privileges andimmunities, including the rights of suffrage, of citizensof the Choctaw nation, except in the annuity moneysand the public domain of the nation.SEC. 2. Be it further enacted : That all said personsof African descent, as aforesaid, and their descendants,shall be allowed the same rights of process, civiland criminal, in the several courts of this nation, as areallowed to Choctaws, and full protection of person andproperty is hereby granted to all such persons.SEC. 3. Be it further enacted : That all said personsare hereby declared to be entitled to forty acreseach of the lands of the nation, to be selected and heldupon the same terms as the Choctaws.Sc. 4. Be it further enacted, that all said personsaforesaid are hereby declared to be entitled to equal educationalprivileges and facilities with Choctaws, so faras neighborhood schools are concerned.SEC. 5. Be it further enacted, that all said personsthat shall elect to remove and do actually and permanentlyremove from the nation, are hereby declared to beentitled to one hundred dollars per capita. as providedin said third article of the treaty of 1866.

336 LAWS OF THE CHOCTAW NATION.SEc. 6. Be it futher enacted, that all said personswho shall decline to become citizens of the Choctaw nationand who do not elect to remove permanently fromthe nation are hereby declared to be intruders on thesame footing as other citizens of the United States residentherein, and subject to removal for similar causes.Sm. 7. Be it further enacted, that intermarriagewith such freedmen of African descent, who were formerlyheld as slaves of the Choctaws, and have becomecitizens, shall not confer any rights of citizenshipin this nation, and all freedmen who havemarried, or may hereafter marry freed women who havebecome citizens of the Choctaw nation, are subject to thepermit laws, and allowed to remain during good behavioronly.She. 8. Be it further enacted, That all such personsof African descent. who have become citizens of theChoctaw nation, shall be entitled to hold any office oftrust or profit in this nation, except the offices of principalchief and district chiefs.SEc. 9. Be it further enacted, That the national secretaryshall furnish a certified copy of this act to the secretaryof the interior. And this act shall take effect andbe in force from and after its passage.Approved May 21, 1883.AN ACT conferring citizenship on certain persons named.Be it enacted by the general council of the Choctawnation assembled: That Abbot Lefiore, Felicie Landers,Louis C. Lefiore, and his three children, Rosa, Michaeland Josephine; all late of Mississippi, are hereby recognizedas citizens of the Choctaw nation, and entitled toall the rights, privileges, and immunities of citizens of

ACTS OF 1893. 337this nation, and this act shall take effect and be in force \from and after its passage.Approved, October 13, 1893.W. N. JONES,P. C. C. N.AN ACT extending toll bridge privileges over Perryvillecreek, granted Oct. 31, 1872, to Oct. 31, 1892.Be it enacted by the general council of the Choctawnation assembled : That an act granting a toll bridgeprivilege over Perryville creek to James S. Johnson,from October 31, 1872, to October 31, 1882, and subse.quently renewed to October 31, 1892, be and the same ishereby further renewed so as to extend to October 31,1902, to Annie Keys, formerly a wife of and now legalheir of the said James S. Johnson, in accordance with theconditions of the grant of October 31, 1872.SEC. 2. Be it further enacted, that in addition tothe privileges of the grant of October 31, 1872, the saidAnnie Keys shall have exclusive bridge privileges onemile in both directions up and down the stream from thesaid bridge, provided, she does not interfere with theformer settler, and this act to take effect and be in forcefrom and after its passage.Approved October 16, 1893.W. N. JONES,P. C. C. N,\)AN ACT prohibiting the floating of timber from the Choctawnation.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That the rafting orfloating of timber, or an attempt to raft or float timberof all kinds within the limits of the Choctaw nation, or22

THE CHOCTAW NATION.tion, shall be prohibited after Jan-_at any person or persons violating theof this act after the above named date, shall.Joy forfeit his or their contract and the nationalant shall revoke the same.SEC. 3. That the national secretary is hereby commandedto publish this law for weeks in the papers ofthe Choctaw nation and one of Fort Smith, Ark., andone paper of Paris, Tex.SEC. 4. That the sheriffs of all the counties shalladvise the national agent of all parties violating the provisionsof this act, and this act take effect and be inforce from and after its passage.Approved, October 19, 1893.W. N. JONES,P. C. C. N.AN ACT creating the office of delegate to the congress ofthe Lnited States, prescribing his duties and providingfor his compensation.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That the office ofdelegate to the congress of United States be and thesame is hereby created; that said delegate so appointedas herein provided, shall not be less than thirty fiveyears of age and a Choctaw Indian by blood.Sw.o. 2. That said delegate shall be appointed bythe principal chief, by and with the consent and approvalof the senate. Said delegate shall represent the Choctawnation in all her interests whatever in congress, andbefore the departments, and shall keep the principalchief thoroughly advised as to all matters . under hischarge and supervision, and he shall make )an annual

ACTS OF 1893.339report of' all matters in his charge to the general councilannually, and such matter and other reports as he maybe called upon to make from time to time by the principalchief.SEC. 3. That the term of office of said delegate shallbe for four years. He shall be required to reside atWashington, D. C., and shall be present during all sessionsof congress, unless otherwise directed by the principal chief.SEC 4. That the salary of said delegate shall be fivethousand ($5,000) dollars per annum, payable quarterly,upon warrants to be issued by the national auditor, thefirst quarter's allowance of said delegate to be paid inadvance at the time of his appointment.SEC. 5. That said delegate is authorized and empoweredto employ such attorney or attorneys as hemay deem advisable, and by and with the advice andconsent of the principal chief, on requisition drawn bysaid delegate and countersigned by the principal chiefon the treasurer of the Choctaw nation to disburse andexpend not more than two thousand ($2,000) dollars perannum in payment of such attorney or attorneys so employedby said delegate.SEC. 6. That this act shall take effect and be inforce from and after its passage.Approved October 19th, 1893.W. N. JONES,P. C. C. N.AN ACT abolishing the office of coal weigher.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That the office of nationalcoal weigher created by an act approved November1, 1882, amended October 26, 1888, is hereby repealed.

340 LAWS OF THE CHOCTAW NATIONSEC. 2. Be it further enacted that this act shall takeeflect from and after its passage.Approved, October 20, 1893.W. N. JONES,P. C. C. N.AN ACT in relation to the boarding schools.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled: That the requirementsnecessary for admission into any of the boarding schoolsof the Choctaw nation shall not include literary qualififications,but only such other requirements as the schoolboard may see fit to improve from time to time.SEC. 2. That all acts or parts of acts coming in conflictwith the provisions of this act shall be and the sameis hereby repealed, and this act to take effect from andafter its passage.Approved, October 21, 1893.W. N. JONES,P. C C. N.AN ACT relating to report of Simon McCoy, district collectorof the second district, C. N.We, your committee to whom was referred the report of Simon McCoy, district collector of the second district, have carefully examined the same, and find thathe is defaulter to the nation of four hundred and sixtysixdollars and sixty-one cents ($466 61) and thereforewould ask the adoption of the following act:Be it enacted by the general council of the Choctawnation assembled : That the district attorney of the seconddistrict is hereby instructed to proceed at once, bylaw, against said Simon McCoy, and his sureties on hisbond, for the collection of said sum and all proper costs,

ACTS OF 1893. 341and the money so collected be turned into the nationaltreasury for national purposes, and this act to take effectand be in force from and after its passage.Approved, October 25, 1893.W. N. JONES,P. C. C. N.Be it enacted by the general council of the Choctawnation assembled: That Greenwood Leflore and his twochildren, Nola and Louis Leflore, be adopted as citizensof this nation, and are hereby declared to be entitled toall the privileges and rights of such citizens, and this acttake effect from and after its passage.Approved, October 26, 1893.W. N. JONES,P. C. C. N.AN ACT creating the office of national inspector of coalcompanies books.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That the office of nationalinspector of coal companies books is hereby created.SEC. 2. That the duties of the national inspectorshall be to inspect the books of the different coal companiesof the Choctaw nation, to make quarterly reportsof the same to the national treasurer, and annually reportto the general council at the regular session; saidreport to contain the amount of royalty on coal timberand permits due the Choctaw nation.SEC. 3. That the office of national inspector shallbe required to take the oath of office prescribed in theconstitution and enter into bond with good and sufficientsureties in the penal sum of five thousand ($5,000) dol-

342 LAWS OF THE CHOCTAW NATION. 343ACTS OF 1893.lars, payable to the Choctaw nation, conditioned that hewill well and truly discharge his duties in accordancewith the law.SEC. 4. That the salary of national inspector shallbe one thousand (1,000) dollars per annum, payablequarterly, upon a warrant issued by the national auditorupon the national treasurer for the same; and thisact shall take effect and be in force from and after itspassage.Approved, October 26, 1893.W. N. JONES,P. C. C. N.AN ACT authorizing the principal chief to have the lawsof the Choctaw nation compiled, translated andprinted.Be it enacted by the general council of the Choctawnation assembled: That the principal chief be and he ishereby authorized to enter into contract with one competentperson to compile, translate, print and bind ingood substantial leather binding five hundred copieseach in English and Choctaw language.Be it further enacted, that the amount stipulated inthe contract above provided for shall not exceed fourthousand dollars, and whatever amount may be stipulatedin the contract, any part of it is not to be paiduntil the work has been completed and accepted, andapproved.Be it further enacted, that when the work is completedthe compiler shall report it to the principal chieffor inspection, and the principal chief shall appoint acommittee of three competent persons and they shall investigatethe work and report their investigation, and ifthe work is accepted the principal chief shall issue acertificate to the compiler for the amount under contract,and the national auditor shall issue his warrant for itand the national treasurer pay the same.Be it further enacted, that the work above providedfor must be completed in a reasonable length of time notto exceed four months from the date of the contract.The national secretary is hereby required to furnish thecompiler with all laws in his office whatsoever, in boundbooks, pamphlet, or manuscript, and take receipt forthem, and this act shall take effect and be in force fromand after its passage.Approved, October 27, 1893.W. N. JONES.P. C. C. F.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That the judge of eachcounty of the several counties of Mosholetubbee districtshall appropriate one hundred dollars each out of theirrespective treasuries to pay for the circuit court houseof Mosholetubbee district.SEC. 2. It shall be the duty of the circuit judge ofMosholetubbee district to select and locate the circuitcourt ground and enter into contract with any person hemay see proper to contract with for the building of thecourt house.SEC. 3 The circuit judge is hereby directed to orderthe judges of the several counties of the district toforthwith appropiate the amount of money requiredfrom each county. The circuit judge be, and he is herebyauthorized to take the money so appropriated andpay to the party who contracted to build the courthouse.SEC. 4. The circuit judge shall be entitled to thesum of fifty dollars, ($50) payable out of any money in

344 LAWS OF THE CHOCTAW NATION.the national treasury not otherwise appropriated, for selectingand locating the circuit court ground and superintendingthe building of the courthouse. The nationalauditor shall issue his warrant on the national treasurerfor the sum of fifty dollars on the certificate of the circuitjudge and the national treasurer shall pay the same,and this act shall take effect and be in force from andafter its passage.Approved.W. N. JONES,P. C. C. NAN ACT disposing of the firearms purchased by theChoctaw nation for the Antlers trouble.SECTION 1. Be it enacted by the general council ofthe Choctaw nation assembled : That the captains ofthe militia are hereby instructed to collect all firearmspurchased by the Choctaw nation for the use of themilitia and return them to the capitol at Tushka Hummafor storage. In case, however, should any memberof the militia propose to retain said firearms, then heshall pay to the captain its value in money, to be turnedinto the national treasury to be credited against themilitia account and report by the next general council.SEC. 2. Be it further enacted, that this act be inforce from and after its passage.Approved, July 5, 1893.W. N. JONES,P. C. C. N.INDEX.Amendment to the constitutionAttorney at lawArbitrationAssault with intent to killAssault and batteryArsonAlteration or destruction of willsAccessoriesAn act in reference to cases pending in Atoka, BlueKiamichi counties, etc.An act in reference to compilation of the Choctaw lawsAlikchi precinct in Nashoba countyAdoption of freedmenAbbot Leflore, et. al., admitted to citizenshipBurglaryBurning prairies and woodsBoarding schools—in reference toBoard of educationBoundary lines changed in certain countiesBribery of voters— in reference toBenton Robert, granting charterBig Cane precinct in Jacksfork countyBlack fork precinct in Sugarloaf countyBoard of education let contracts for new academiesnaming sameBoarding schools, in relation toAandandPAGE30185188203204212213224264277329335336210222295298312313327330332334340

INDEX. 347PAGE.346 LAWS OF THE CHOCTAW NATION.PAGE.Constitution 5Clerk of the supreme court 125Circuit courts 129Clerks of the circuit courts 137County courts and courts of probate 143Clerks of county courts 155Cutting down hickory or pecan trees 222Common laborers 240Claims and improvements--citizens rights defined 247Castration of intruding stock . . 260Circuit court located in Jackson county 265Cititizens not allowed to employ non-citizens as herdsmen 274Coal contracts—in reference to 283Crippled, blind and idiotic—in reference to 284Citizenship—manner of applying for 28Citizenship—act repealed 288Commissioners—in reference to leased district 291County officers' pay increased 295Cass Maurice to establish a toll gate 330Coal weigher—abolishing office of 339Coal inspector—office created 341Compilation, translation and printing of the Choctaw laws 342Circuit court house in Mosholitubbee district—erection of. 343District boundaries 6Declaration of rights 7Distribution of powerIDistrict chiefs, defining.duties of 88District collectors, defining duties ofDistrict attorneys 141Depositions . . 187Disturbance of schools, religious devotions or families, etc. 219Divorce and alimony 233Drovers 257Deputy sheriffs 264District trustees 304District collectors and inspectors, in reference toDistrict Judges, an act relating toDelegate to congress, creating office ofDistrict collector second district, relating to reportDisposal of firearms326Executive department 18Exemptions 190Elections 191Embezzlement of public money 214Fees of officers of court * 178Fines and bonds 189Forgery 213Farmers or renters 238General provisions 22General councilr16Goodland precinct in Kiamichi county 286Greenwood LeFlore et al. are made citizens 341Hunting and trapping by non-citizens, Indians and whitemen 220Hunting on Sunday 224Hartshorne court ground in Gaines county 333Hartshorne precinct in Gaines county 333Itakshish precinct, in Jackson county 331Impeachments 21Inspector, defining duties of 110Incest 205Inter-marriage with negroes 206Introduction of whisky 21532833 8340344

348 LAWS OF THE CHOCTAW NATION.Inter-marriageInspectors, two additionalIntruders, how to be dealt withImpeachment actInter-marriage, an act in reference to ......Interpreters for general councilPAGE.225262268271277282Iron Bridge precinct, in San Bois county 323Inspector St. Louis & S. F. R. R., creating office of 328Judicial department1 4Juries1 74Jackson county established262Jackson county, one representative263Jackson and Blue counties compose a senatorial district 263Jurors in third district265Joint resolution of general council288Jones precinct in Blue county311John E. McBrayer, charter granted to 316Killing a person for a witch, etcKidnappingKeys Annie—extending charterKiamichi county court grounds197208337287Legislative department . . . .'ILawful fence—in reference to hogs198Larceny210Libel and slander . • . • •I 214Licensed traders237Leasing lands . . . . . ... 248Lawful fences—what constitutes . . 250Limitation to non-citizens251Little Boggy precinct in Atoka county2 84Larceny of cattle—detection of3 1 4Licensed traders—in reference to3 1 7INDEX. 349'PAGE.Lick precinct in Cedar county 324Leflore's precinct in Gains county 324Lewis Henry—conferring citizenship on 329MilitiaMode of amending and revising theMurderanslaughterayhemA alicious mischiefM rriageMi sionariesMi ellaneous employesMu. an act creating three companiesMar s and brandsMisonaries, acts in reference toMili ia law suspendedM. . & T. R'y to reduce the rates of mileageMii eral resources, in reference toMi sissippi Choctaws, in reference toM ssissippi Indians, in reference toM ssissippi Choctaws, admitting25Constitution 26200202208210233235241243253275285285296315320323National secretary, defining duties of 90National treasurer, defining duties of 93National auditor, defining duties of 99National attorney, defining duties of 104National agent, defining duties ofio6National lighthorsemen 113Non-citizen improvements 248Non-citizen herdsmen 250Non-citizen enclosures or pastures, how to be disposed of 267National auditor's duty defined 269National treasurer's contingent fund, etc. 274National treasurer, security of 282Net proceeds money, distribution of 288National contractors, in reference to 318

350 LAWS OF THE CHOCTAW NATION.0PAGE.Officers—when to qualify . . . 278Oath of allegience—in reference to 297Orphans' interest—in reference to 316Oak Hill precinct in San Bois county 315INDEX. 351PAGE.Roads 229Railroads 231Royalties 245Ranger, increasing salary of 267Red Oak Hill precinct in Atoka county 283Records, changing of 213Public money—protection of 334Peddlers and other traders—in reference to 320Patterson Walter turnpike—in reference to 318Pistols—carrying of 218Principal chief—defining duties of. 85Punishment for selling the country 198Polygamy and adultery 205Poisoning 207Perjury 212Pulling down fences 222Practic of medicine 235Profession alists and tradesmen 239Punitary .provision 242Prohibition of the manufacture or sale of any intoxicant 261Pastures—an act in relation to 270Prairie hay—in reference to 276Public buildings—protection of 276Permits—in reference to 280Pastures—in reference to leasing or renting • 281Prairie hay—an act amendatory 311. QQuantity of blood necessary for citizenship 266Rangers, defining duties ofI8IRespecting wills 197Repealing certain laws 199Rape 204Robbery 209Racing horses or playing ball on Sunday 224Schedule 27Sheriffs, defining duties of 164Supreme court 120Sentences and executions 186Sodomy (unnatural intercourse) 206Skinning dead animals on the range 220Selling goods on Sunday 223Strays 254Stock killing one another 259Superintendent of public schools, increase of salary 261Sheriff of Jackson county 266Students to be sent to the States 280Sunday, in reference to hunting cattle 281Steer cattle, in reference to 292Saw Mill Church precinct, in Kiamichi county 295School systems, in reference to 297Superintendents of schools 304Stock, cruelty to 209Schools, neighborhood 306Schools, boarding 307Schools, orphan 310Sheriff's reports, time and manner of making 321Scholars at public schools, in relation to 331Sulphur Spring precinct, in Cedar county 332Treaty of 1830 31Treaty of 1837 34Treaty of 1855 37Treaty of 1866 49

352 LAWS OF THE CHOCTAW NATION.PAGE.Treason 200Tribunal for citizenship • 227Trustee, local 305Timber, prohibiting the floating of 337Unlawful fence (stating damages) 198U. S. courts—in reference to 292Witnesses 184Wire fences 252Witnesses pay—in reference to 279Wade county court ground 292Woolridge Moses—granting charter to 325