USA > Oklahoma > A standard history of Oklahoma; an authentic narrative of its development from the date of the first European exploration down to the present time, including accounts of the Indian tribes, both civilized and wild, of the cattle range, of the land openings and the achievements of the most recent period, Vol. II > Part 44
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ninety-six; to limitations, chapter ninety-seven; to mandamus and prohibition, chapter one hundred; to marriage contracts, chapter one hundred and two; to marriages, chapter one hundred and three ; to married women, chapter one hundred and four; to money and interest, chapter one hundred and nine; to mortgages, chapter one hundred and ten; to notaries public, chapter one hundred and eleven, and said court in the Indian Territory shall appoint notaries public under this chapter; to partition and sale of lands, chapter one hundred and fifteen; to pleadings and practice, chapter one hundred and nineteen; to recorders, chapter one hundred and twenty-six; to replevin, chapter one hundred and twenty-eight; to venue, change of, chapter one hundred and fifty-three; and to wills and testaments, chapter one hundred and fifty-five; and wherever in said laws of Arkansas the courts of record of said State are men. tioned the said court in the Indian Territory shall be substituted therefor; and wherever the clerks of said courts are mentioned in said laws the clerk of said court in the Indian Territory and his deputies, respectively, shall be substituted therefor; and wherever the sheriff of the county is mentioned in said laws the United States marshal of the Indian Territory shall be substituted therefor, for the purpose, in each of the cases mentioned, of making said laws of Arkansas applicable to the Indian Territory.
That no attachment shall issue against improvements on real estate while the title to the land is vested in any Indian nation, except where such improvements have been made by persons, com- panies, or corporations operating coal or other mines, railroads, or other industries under lease or permission of law of an Indian national council, or charter, or law of the United States.
That executions upon judgments obtained in any other than Indian courts shall not be valid for the sale or conveyance of title to improvements made upon lands owned by an Indian nation, except in the cases wherein attachments are provided for. Upon a return of nulla bona, upon an execution upon any judgment against an adopted citizen of any Indian tribe, or against any person resid- ing in the Indian country and not a citizen thereof, if the judgment debtor shall be the owner of any improvements upon real estate within the Indian Territory in excess of one hundred and sixty acres occupied as a homestead, such improvements may be subjected to the payment of such judgment by a decree of the court in which such judgment was rendered. Proceedings to subject such property to the payment of judgments may be by petition, of which the judg- ment debtor shall have notice as in the original suit. If on the hearing the court shall be satisfied from the evidence that the judg- ment debtor is the owner of improvements on real estate subject to the payment of said judgment, the court may order the same sold, and the proceeds, or so much thereof as may be necessary to satisfy said judgment and costs, applied to the payment of said judgment; or if the improvement is of sufficient rental value to discharge the judgment within a reasonable time the court may appoint a receiver, who shall take charge of such property and
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apply the rental receipts thereof to the payment of such judgment, under such regulations as the court may prescribe. If under such proceeding any improvement is sold only citizens of the tribe in which said property is situate may become the purchaser thereof.
The Constitution of the United States and all general laws of the United States which prohibit crimes and misdemeanors in any place within the sole and exclusive jurisdiction of the United States, except in the District of Columbia, and all laws relating to national banking associations shall have the same force and effect in the Indian Territory as elsewhere in the United States; but nothing in this act shall be so construed as to deprive any of the courts of the civilized nations of exclusive jurisdiction over all cases aris- ing wherein members of said nations, whether by treaty, blood, or adoption, are the sole parties, nor so as to interfere with the right and power of said civilized nations to punish said members for vio- lation of the statutes and laws enacted by their national councils where such laws are not contrary to the treaties and laws of the United States.
Sec. 32. That the word "county," as used in any of the laws of Arkansas which are put in force in the Indian Territory by the provisions of this act, shall be construed to embrace the territory within the limits of a judicial division in said Indian Territory; and whenever in said laws of Arkansas the word "county" is used, the words "judicial division" may be substituted therefor, in said Indian Territory, for the purposes of this act. And whenever in said laws of Arkansas the word "State" or the words "State of Arkansas" are used, the word "Territory," or the words "Indian Territory," may be substituted therefor, for the purposes of this act, and for the purpose of making said laws of Arkansas applicable to the said Indian Territory ; but all prosecutions therein shall run in the name of the "United States."
Sec. 33. That the provisions of chapter forty-five of the said general laws of Arkansas, entitled "Criminal law," except as to the crimes and misdemeanors mentioned in the provisos to this section, and the provisions of chapter forty-six of said general laws of Arkansas, entitled "Criminal Procedure," as far as they are applicable, are hereby extended over and put in force in the Indian Territory, and jurisdiction to enforce said provisions is hereby conferred upon the United States court therein : Provided, That in all cases where the laws of the United States and the said criminal laws of Arkansas have provided for the punishment of the same offenses the laws of the United States shall govern as to such offenses : And provided further, That the United States circuit and district courts, respectively, for the western district of Arkansas and the eastern district of Texas, respectively, shall continue to exercise exclusive jurisdiction as now provided by law in the Indian Territory as defined in this act, in their respective districts as here- tofore established, over all crimes and misdemeanors against the laws of the United States applicable to the said Territory, which are punishable by said laws of the United States by death or by
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imprisonment at hard labor, except as otherwise provided in the following sections of this act.
Sec. 34. That original jurisdiction is hereby conferred upon the United States court in the Indian Territory to enforce the provisions of title twenty-eight, chapters three and four, of the Revised Statutes of the United States in said Territory, except the offenses defined and embraced in sections twenty-one hundred and forty-two and twenty-one hundred and forty-three: Provided, That as to the violations of the provisions of section twenty-one hundred and thirty-nine of said Revised Statutes, the jurisdiction of said court in the Indian Territory shall be concurrent with the jurisdiction exercised in the enforcement of such provisions by the United States courts for the western districts of Arkansas and the eastern district of Texas: Provided, That all violations of said chapters three and four, prior to the passage of this act, shall be prosecuted in the said United States courts, respectively, the same as if this act had not been passed.
Sec. 35. That exclusive original jurisdiction is hereby conferred upon the United States court in the Indian Territory to enforce the provisions of chapter four, title seventy, of the Revised Statutes of the United States entitled "Crimes against justice," in all cases where the crimes mentioned therein are committed in any judicial proceeding in the Indian Territory and where such crimes affect or ' impede the enforcement of the laws in the courts established in said Territory : Provided, That all violations of the provisions of said chapter prior to the passage of this act shall be prose- cuted in the United States courts for the western district of Arkansas and the eastern district of Texas, respectively, the same as if this act had not been passed.
Sec. 36. That jurisdiction is hereby conferred upon the United States court in the Indian Territory over all controversies arising between members or citizens of one tribe or nation of Indians and the members or citizens of other tribes or nations in the Indian Territory, and any citizen or member of one tribe or nation who may commit any offense or crime against the person or property of a citizen or member of another tribe or nation shall be subject to the same punishment in the Indian Territory as he would be if both parties were citizens of the United States. And any member or citizen of any Indian tribe or nation in the Indian Territory shall have the right to invoke the aid of said court therein for the protection of his person or property as against any person not a member of the same tribe or nation, as though he were a citizen of the United States.
Sec. 37. That if any person shall, in the Indian Territory, open, carry on, promote, make or draw, publicly or privately, any lottery, or scheme of chance of any kind or description, by what- ever name, style or title the same may be denominated or known, or shall, in said Territory, vend, sell, barter or dispose of any lottery ticket or tickets, order or orders, device or devices, of any kind, for, or representing any number of shares or any interest in
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any lottery or scheme of chance or shall open or establish as owner or otherwise any lottery or scheme of chance in said Territory, or shall be in any wise concerned in any lottery or scheme of chance, by acting as owner or agent in said Territory, for or on behalf of any lottery or scheme of chance, to be drawn, paid or carried on, either out of or within said Territory, every such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined for the first offense, not exceeding five hundred dol- lars, and for the second offense shall, on conviction, be fined not less than five hundred dollars and not exceeding five thousand, and he may be imprisoned, in the discretion of the court, not exceeding one year. And jurisdiction to enforce the provisions of this section is hereby conferred upon the United States court in said Indian Territory, and all persons therein, including Indians and members and citizens of Indian tribes and nations, shall be subject to its pro- visions and penalties.
Sec. 38. The clerk and deputy clerks of said United States court shall have the power within their respective divisions to issue marriage licenses or certificates and to solemnize marriages. They shall keep copies of all marriage licenses or certificates issued by them, and a record book in which shall be recorded all licenses or certificates after the marriage has been solemnized, and all persons authorized by law to solemnize marriages shall return the license or certificate, after executing the same, to the clerk or deputy clerk who issued it, together with his return thereon. They shall also be ex-officio recorders within their respective divisions, and as suchi they shall perform such duties as are required of recorders of deeds under the said laws of Arkansas, and receive the fees and com- pensation therefor which are provided in said laws of Arkansas for like service : Provided, That all marriages heretofore contracted under the laws or tribal customs of any Indian nation now located in the Indian Territory are hereby declared valid, and the issue of such marriages shall be deemed legitimate and entitled to all in- heritances of property or other rights, the same as in the case of the issue of other forms of lawful marriage: Provided further, That said chapter one hundred and three of said laws of Arkansas shall not be construed so as to interfere with the operation of the laws governing marriage enacted by any of the civilized tribes, nor to confer any authority upon any officer of said court to unite a citizen of the United States in marriage with a member of any of the civilized nations until the preliminaries to such marriage shall have first been arranged according to the laws of the nation of which said Indian person is a member: And provided further, That where such marriage is required by law of an Indian nation to be of record, the certificate of such marriage shall be sent for record to the proper officer as provided in such law enacted by the Indian nation.
Sec. 39. That the United States court in the Indian Territory shall have all the powers of the United States circuit courts or cir- cuit court judges to appoint commissioners within said Indian Ter-
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ritory, who shall be learned in the law, and shall be known as United States commissioners ; but not exceeding three commissioners shall be appointed for any one division, and such commissioners when appointed shall have, within the district to be designated in the order appointing them, all the powers of commissioners of cir- cuit courts of the United States. They shall be ex-officio notaries public, and shall have, power to solemnize marriages. The provi- sions of chapter ninety-one of the said laws of Arkansas, regulating the jurisdiction and procedure before justices of the peace, are hereby extended over the Indian Territory ; and said commissioners shall exercise all the powers conferred by the laws of Arkansas upon justices of the peace within their districts; but they shall have no jurisdiction to try any cause where the value of the thing or the amount in controversy exceeds one hundred dollars.
Appeals may be taken from the final judgment of said commis- sioners to the United States court in said Indian Territory in all cases and in the same manner that appeals may be taken from the final judgments of justices of the peace under the provisions of said chapter ninety-one. The said court may appoint a constable for each of the commissioner's districts designated by the court, and the constable so appointed shall perform all the duties required of con- stables under the provision of chapter twenty-four and other laws of the State of Arkansas. Each commissioner and constable shall execute to the United States, for the security of the public, a good and sufficient bond, in the sum of five thousand dollars, to be approved by the judge appointing him, conditioned that he will faithfully discharge the duties of his office and account for all moneys coming into his hands, and he shall take an oath to support the Constitution of the United States and to faithfully perform the duties required of him.
The appointments of United States commissioners by said court held at Muscogee, in the Indian Territory, heretofore made, and all acts in pursuance of law and in good faith performed by them, are hereby ratified and validated.
Sec. 40. That persons charged with any offense or crime in the Indian Territory, and for whose arrest a warrant has been issued, may be arrested by the United States marshal or any of his depu- ties, wherever found in said Territory, but in all cases the accused shall be taken, for preliminary examination, before the commissioner in the judicial division whose office or place of business is nearest by the route usually traveled to the place where the offense or crime was committed; but this section shall apply only to crimes or offenses over which the courts located in the Indian Territory have jurisdiction : Provided, That in all cases where persons have been brought before a United States commissioner in the Indian Territory for preliminary examination, charged with the commis- sion of any crime therein and where it appears from the evidence that a crime has been committed, and that there is probable cause to believe the accused guilty thereof, but that the crime is one over which the courts in the Indian Territory have no jurisdiction, the
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accused shall not, on that account, be discharged, but the case shall be proceeded with as provided in section ten hundred and fourteen of the Revised Statutes of the United States.
Sec. 41. That the judge of the United States court in the Indian Territory shall have the same power to extradite persons who have taken refuge in the Indian Territory, charged with crimes in the States or other Territories of the United States, that may now be exercised by the governor of Arkansas in that State, and he may issue requisitions upon governors of States and other Terri- tories for persons who have committed offenses in the Indian Ter- ritory, and who have taken refuge in such States or Territories.
Sec. 42. That appeals and writs of error may be taken and prosecuted from the decisions of the United States court in the Indian Territory to the Supreme Court of the United States in the same manner and under the same regulations as from the circuit courts of the United States, except as otherwise provided in this act.
Sec. 43. That any member of any Indian tribe or nation resid- ing in the Indian Territory may apply to the United States court therein to become a citizen of the United States, and such court shall have jurisdiction thereof and shall hear and determine such application as provided in the statutes of the United States; and the Confederated Peoria Indians residing in the Quapaw Indian Agency, who have heretofore or who may hereafter accept their land in severalty under any of the allotment laws of the United States, shall be deemed to be, and are hereby, declared to be citizens of the United States from and after the selection of their allot- ments, and entitled to all the rights, privileges, and benefits as such, and parents are hereby declared from that time to have been and to be the legal guardians of their minor.children without process of court : Provided, That the Indians who become citizens of the United States under the provisions of this act do not forfeit or lose any rights or privileges they enjoy or are entitled to as mem- bers of the tribe or nation to which they belong.
Sec. 44. That the following sum, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be disbursed under the direction of the Attorney-General of the United States, in the same manner that similar appropriations are disbursed in the other Territories of the United States, namely :
To pay the actual traveling and other expenses of the judge of the United States court holding court in said Indian Territory other than at Muscogee; to pay for the rent of buildings for the court; to provide jails and support prisoners; to pay mileage and per diem of jurors and witnesses; to provide books, records and stationery for the judicial offices for the remainder of the fiscal year ending June thirtieth, eighteen hundred and ninety, the sum of ten thousand dollars.
Approved, May 2, 1890.
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HISTORY OF OKLAHOMA
THE STATE FLAG OF OKLAHOMA
The banners of no less than six different nations have waved in dominion over Oklahoma, in part at least, at various periods since the nations of white men established their sovereignties in America, namely, France (kingdom), Spain, France (republic), Mexico, Texas (independent republic), and the United States of America. During the Civil war, the Indian Territory saw much of the Confederate flag. Stand Watie's Cherokee regiment carried a banner bearing as its device the seven-pointed star of the Chero- kee Nation and it is possible that other tribal flags may have been in use at that time but definite information is lacking in that regard.
The third State Legislature of Oklahoma enacted a law, in 1911, adopting a design for an official state flag for Oklahoma. The de- vice is as follows. A white star, edged with blue, in a red field, with the figures 46 in blue in the center of the star. It was designed by Mrs. W. R. Clement, of Oklahoma City, who brought the matter to the attention of the Legislature.
TERRITORIAL OFFICERS
GOVERNORS
George W. Steele 1890-1891
Abraham J. Seay. 1891-1893
William C. Renfrow 1893-1897
Cassius M. Barnes 1897-1901
William M. Jenkins.
1901
Thompson B. Ferguson 1901-1906
Frank Frantz 1906-1907
DELEGATES TO CONGRESS
David A. Harvey 1890-1893
Dennis T. Flynn 1893-1897
James Y. Callahan 1897-1899
Dennis T. Flynn 1899-1903
Bird S. McGuire. 1903-1907
SECRETARIES OF THE TERRITORY
Robert Martin
1890-1893
Thomas J. Lowe. 1893-1897
William M. Jenkins 1897-1901
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William Grimes 1901-1906
Charles H. Filson
1906-1907
ATTORNEYS GENERAL
Charles Brown 1890-1893
Clinton A. Galbraith 1893-1897
Harper S. Cunningham 1897-1901
J. C. Strang 1901-1902
J. C. Roberts 1902-1904
Percy C. Simons 1904-1906
W. Oliver Cromwell 1906-1907
TREASURERS
Samuel Murphy 1890-1893
M. L. Turner 1893-1897
Frank M. Thompson 1897-1901
C. W. Rambo 1901-1907
SUPERINTENDENTS OF PUBLIC INSTRUCTION
J. H. Lawhead 1890-1892
J. H. Parker 1892-1893
E. D. Cameron 1893-1897
S. N. Hopkins 1897-1901
L. W. Baxter 1901-1906
J. E. Dyche 1906-1907
JUSTICES OF THE SUPREME COURT
Edward B. Green, Chief Justice 1890-1893
Abraham J. Seay, Associate Justice 1890-1892
John G. Clark, Associate Justice. 1890-1893
John H. Burford, Associate Justice. 1892-1895
Frank Dale, Chief Justice. 1893-1898
A. G. C. Bierer, Associate Justice 1894-1898
John L. McAtee, Associate Justice 1894-1902
Henry W. Scott, Associate Justice 1893-1896
John C. Tarsney, Associate Justice (appointed from Missouri) 1896-1899
James R. Keaton, Associate Justice 1896-1898
John H. Burford, Chief Justice 1898-1907
B. F. Burwell, Associate Justice. 1898-1907
Clinton F. Irwin, Associate Justice (appointed from Illinois ) 1899-1907
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HISTORY OF OKLAHOMA
Bayard T. Hainer, Associate Justice 1898-1907
J. K. Beauchamp, Associate Justice .1902-1907
J. L. Pancoast, Associate Justice 1902-1907
Frank E. Gillette, Associate Justice. 1902-1907
Summers Hardy, Associate Justice. 1915-
Charles F. Thacker, Associate Justice 1916-
JUDGES OF THE FEDERAL COURTS IN THE INDIAN TERRITORY James M. Shackleford 1889-1893
Charles B. Stuart 1893-1897
C. B. Kilgore 1895-1897
William M. Springer 1895-1899
Yancey Lewis
1895-1898
William H. H. Clayton.
1897-1907
John R. Thomas
1897-1899
Hosea Townsend 1898-1907
Joseph A. Gill.
1899-1907
Charles W. Raymond.
1901-1905
William R. Lawrence
1904-1907
Joseph T. Dickerson
1904-1907
Louis Sulzbacher
1904-1907
Thomas C. Humphry
1904-1907
Luman F. Parker, Jr
1906-1907
John H. Cotteral
1907-
Ralph E. Campbell
1907-
UNITED STATES SENATORS
Robert L. Owen
1907-
Thomas P. Gore 1907-
REPRESENTATIVES IN CONGRESS
Bird S. McGuire 1907-1915
Elmer Fulton 1907-1909
C. D. Carter: 1907-
James Davenport 1907-1911
Scott Ferris 1907-
Dick T. Morgan 1909-
C. E. Creager 1911-1913
James Davenport 1913- William H. Murray 1913-
J. B. Thompson. 1913-
Claud Weaver
1913-1915
W. W. Hastings 1915-
James McClintic 1915-
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HISTORY OF OKLAHOMA
ROSTER OF MEMBERS OF TERRITORIAL ASSEMBLY AND STATE LEGISLATURE
FIRST LEGISLATIVE ASSEMBLY, 1890-1.
COUNCIL
First District
Charles Brown, John Foster, John F.
Linn.
Second District James L. Brown, John W. Howard and Leander G. Pitman.
Third District. Robert J. Nisbitt.
Fourth District Joseph Smelser.
Fifth District. Mort L. Bixler.
Sixth District
Daniel Harrady and W. A. McCartney.
Seventh District
Geo. W. Gardenshire.
Eighth District. Chas. F. Grimmet.
HOUSE
First District. Robert J. Barker, William H. Campbell, Samuel M. Lewis, William H. Merten, William S. Robertson and James L. Smith.
Second District. Moses Neal, Charles G. Jones, Samuel D. Pack, D. W. Peery, and Hugh G. Trosper.
Third District. William C. Adair, James M. Stovall, Thos. R. Waggoner.
Fourth District. Arthur N. Daniels, Demetrius W. Tal- bot, John H. Wimberly.
Fifth District. Green J. Currin, Darius C. Farnsworth, Joseph C. Post, Edward G. Tritt.
Sixth District Samuel W. Clark, James L. Mathews, Ira N. Terrill.
Seventh District
Elisha H. Long.
Eighth District. A. M. Colson.
SECOND LEGISLATIVE ASSEMBLY, 1893
COUNCIL
First District John M. Cannon Second Dstrict C. H. Carswell
Third District J. W. Clevenger Fourth District O. R. Fegan
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HISTORY OF OKLAHOMA
Fifth District. J. P. Lane
Sixth District J. C. Pringley
Seventh District .L. G. Pitman
Eighth District .L. P. Ross
Ninth District William A. McCartney
Tenth District Hugh McCredie
Eleventh District
F. S. Pulliam
Twelfth District .J. J. Shaffer
Thirteenth District
C. J. Wrightsman
HOUSE
First District Talcott Ormsbie
Second District J. M. Johnson
Third District . W. B. Stone
Fourth District R. C. Brennon
Fifth District John H. Wimberly
Sixth District . C. H. Allen
Seventh District
M. L. Stanley
Eighth District J. M. Faris
Ninth District
John Pfaff
Tenth District
John W. Ozmun
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