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4. Legislative power Qualification of legislators, terms of office, duration of session Establishing counties and county seats -- Legislation may change same Provisions for first election.

5. Qualifications of electors at first election.


Limitations of legislative power- Property must be taxed without discrimination-Special licenses--Procedure in passing laws.

7. Township, district and county offices: how filled - Legislature cannot authorize issuance of scrip for construction of railroads.

8. Legislators cannot hold offices created by them.

9. Judicial powers: in whom

vested - Jurisdiction of Supreme and District CourtsJurisdiction of Probate Court and Justices of the Peace-Supreme Court to define judicial districts-Unorganized territory - Appeals from District Court: allowed when Appeals from Supreme Court: allowed when -Additional jurisdiction of District Courts - Cherokee

Outlet - Supreme and District Courts may issue writs of mandamus.

10. U. S. Marshals to make arrests All offenses triable in county where committed 11. Nebraska laws temporarily in force in Oklahoma Territory -The Governor to establish voting precincts - Supreme and District Courts may enforce Nebraska laws applying by this act-Jurisdiction of County Courts and Justices.

12. Extending jurisdiction of District Courts over Indians in Oklahoma.


15. Temporary seat of government.




Delegate to congress; how and when elected.

National banks.

Lands in lieu of school land. 19. Public land strip.

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Procedure in securing lands. May secure patent in twelve months.

Town site may be secured: when and how.

23. Relating to public highways. Fraudulent settlement of public lands: how punished. This act does not apply to Greer county only on certain conditions. Appropriations.




Legal rights acquired not in

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Boundaries of Indian Territory-Establishing a court. Organization of courts: how, when and where.

Extending certain general laws of Arkansas over Indian Territory -No attachments to issue against improvements on Indian lands, except when-Executions valid when-Court may order improvements sold when - Receiver can be appointed under certain conditions--This act not to deprive civilized tribes of certain jurisdictions.

Defining the application of certain words.

33, 34, 35 & 36. Defining jurisdiction of certain courts of Indian Territory, Texas and Arkan

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AN ACT to Organize the Territory of Oklahoma-To Establish Courts in the
Indian Territory, and for Other Purposes.

Be it enacted by the Senate and House of Representatives of

of Oklahoma

the United States of America in Congress assembled: SECTION 1. That all that portion of the United Boundaries States now known as the Indian territory (except so Territory. much of the same as is actually occupied by the five

civilized tribes, and the Indian tribes within the Quapaw Indian agency, and except the unoccupied part of the Cherokee outlet,) together with that portion of the United States known as the Public Land Strip, is hereby erected into a temporary government by the name of the territory of Oklahoma. The portion of the Indian territory included in said Territory of Oklahoma is bounded by a line drawn as follows: Commencing at a point where the ninety-eighth meridian crosses the Red river, thence by said meridian to the point where it crosses the Canadian river, thence along said river to the west line of the Seminole country, thence along said line to the north fork of the Canadian river, thence down said river to the west line of the Creek country, thence along said line to the northwest corner of the Creek country, thence along the north line of the Creek country to the ninety-sixth meridian, thence northward by said meridian to the southern boundary line of Kansas, thence west along said line to the Arkansas river, thence down said river to the north line of the land occupied by the Ponca tribe of Indians, from which point the line runs so as to include all the lands occupied by the Ponca, Tonkawa, Otoe and Missouaia, and Pawnee tribes of Indians until it strikes the south line of the Cherokee outlet which it follows westward to the (east) line of the state of Texas, thence by the boundary line of the state of Texas to the point of beginning; the Public Land Strip which is included in said territory of Oklahoma is bounded east by the one-hundredth meridian, south by Texas, west by New Mexico, north by Colorado and Kansas, Whenever the interest of the Cherokee Indians in the land known as the Cherokee outlet shall have been extinguished and the president shall make proclamation thereof, said outlet shall thereupon and without further legislation become a part of the Territory of Oklahoma. Any other lands within the Indian Territory not embraced within these boundaries shall hereafter become a part of the Territory of Oklahoma whenever the Indian nation or tribe owning such lands shall signify to the president of the United States in legal manner its assent that such lands shall

so become a part of said Territory of Oklahoma, and the president shall thereupon make proclamation to that effect.

change boun

Congress may at any time hereafter change the Congress may boundaries of said territory, or attach any portion of daries. the same to any other state or territory of the United States, without the consent of the inhabitants of the territory hereby created: Provided, That nothing in this act shall be so construed to impair any right now pertaining to any Indians or Indian tribe in said Territory under the laws, agreements, and treaties of the United States, or to impair the rights of person or property pertaining to said Indians, or to affect the authority of the government of the United States to make any regulation or to make any laws respecting said Indians, their lands, property or other rights which it would have been competent to make or enact if this act had not been passed.

power: in

Duties of

SECTION 2. That the executive power of the Terri- Executive tory of Oklahoma shall be vested in a governor, who whom vested. shall hold his office for four years, and until his succes- governor... sor shall be appointed and qualified, unless sooner removed by the president of the United States. governor shall reside within said Territory; shall be commander-in-chief of the militia thereof; he may grant pardons for offenses against the laws of said Territory, and reprieves for offenses against the laws of the United States, until the decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed.


SECTION 3. That there shall be a secretary of said Duties of secTerritory, who shall reside therein and hold his office for four years, unless sooner removed by the president of the United States; he shall record and preserve all the laws and the proceedings of the legisla tive assembly hereinafter constituted, and all acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly, within thirty days after the end of each session thereof, to the president of the United States and to the secre

power: quali

islators: term

ration of session.

tary of the interior, and, at the same time, two copies of the laws and journals of the legislative assembly to the speaker of the house of representatives and the president of the senate for the use of congress; and in case of the death, removal, resignation, or other necessary absence of the governor from the Territory, the secretary shall execute all the powers and perform all the duties of the governor during such vacancy or absence, or until another governor is appointed and qualified.

Legislative SECTION 4. That the legislative power and aufication of leg-thority of said Territory shall be vested in the govof office: du- ernor and legislative assembly. The legislative assembly shall consist of a council and a house of representatives. The council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of twenty-six members, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue two years; and the sessions of the legislative assembly shall be biennial and shall be limited to sixty days' duration: Provided, however, That the duration of the first session of said legislative assembly may continue one hundred and twenty days.

counties and

Establishing That for the purpose of facilitating the organizacounty seats. tion of a temporary government in the Territory of may change Oklahoma, seven counties are hereby established



therein, to be known, until after the first election in the Territory, as the First county, the Second county, the Third county, the Fourth county, the Fitth county, and the Sixth county, the boundaries of which shall be fixed by the governor of the Territory until otherwise provided by the legislative assembly thereof. The county seat of the First county shall be at Guthrie. The county seat of the Second county shall be at Oklahoma City. The county seat of the Third county shall be at Norman. The county seat of the Fourth county shall be at El Reno. The county seat of the Fifth county shall be at Kingfisher City. The Sixth county seat shall be at Stillwater. The Seventh county shall embrace all that portion of the

Territory lying west of the one hundredth meridian, known as the Public Land Strip, the county seat of which shall be at Beaver: Provided, That the county seats located by this act may be changed in such manner as the Territorial legislature may provide.

first election.

At the first election for members of the legislative Provisions for assembly the people of each county may vote for a name for each county, and the name which receives the greatest number of votes shall be the name of such county. If two or more counties should select the same name, the county which casts the greatest number of votes for such name shall be entitled to the same, and the names receiving the next highest number of votes in the other counties shall be the names of such counties. An apportionment shall be made by the governor, as nearly equal as practicable, among the several counties or districts for the election of the council and house of representative, giving to each section of the Territory, representation in the ratio of its population (excepting Indians not taxed) as nearly as may be; and the members of the council and house of representatives shall reside in and be inhabitants of the districts for which they may be elected, respectively. Previous to the first election the governor shall cause a census or enumeration of the inhabitants of the several counties or districts of the Territory to be taken, unless the same shall have been taken and published by the United States, in which case such census and enumeration shall be adopted, and the first election shall be held at such times and places, and be conducted in such manner, both as to the persons who superintend such election and the returns thereof, as the governor shall appoint and direct, and he shall at the same time declare the number of the members of the council and the house of representatives to which each of the counties or districts shall be entitled, as shown by the census herein provided for. The number of persons authorized to be elected, having the highest number of legal votes in each of said council districts for members of the council shall be declared, by the governor, to be duly elected to the council; and the persons authorized to be elected having the greatest number of votes for the house of

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