Page:United States Statutes at Large Volume 30.djvu/550

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 517. 1898. 5]] claim on which they are made, and shall be a credit as royalty when each said mine is developed and operated, and its production is in excess of such guaranteed annual advance payment, and all persons having coal lease must pay said annual advanced payments on each claim whether developed or undeveloped: Provided, however, That tfryvwvio should any lessee neglect or refuse to pay such advanced annual roy- _ N m p°y' alty for the period of sixty days after the same becomes due and pay- able on any lease, the lease on which default is made shall become null and void, and the royalties paid in advance thereon shall then become and be the money and property of the Choctaw and Chickasaw nations. In surface, the use of which is reserved to present coal operators, 1Sg;,{=¤•» wht iushall be included such lots in towns as are occupied by lessees’ houses- ° ° ` either occupied by said lessees’ employees, or as offices or warehouses: Provided, however, That in those town sites designated and laid out Q;g;jj;’;£m OHM, under the provision of this agreement where coal leases are now being as- can miss"- homes operated and coal is being mined, there shall bereserved from appraise- °" °°"“ "*"“· ment and sale all lots occupied by houses of miners actually engaged . in mining, and only while they are so engaged, and in addition thereto a sufficient amount of land, to be determined by the town-site board of _ appraisers, to furnish homes for the men actually engaged in working for the lessees operating said mines, and a sufficient amount for all jl>¤¤¤i¤8¤·¤*¤· buildings and machinery for mining purposes: And provided further, —}•¤¤s> of ¤¤ •¤>¤¤¤¤·>¤ That when the lessees shall cease to operate said mines, then and in ° mm"' that event the lots of land so reserved shall be disposed of by the coal trustees for the benefit of the Choctaw and Chickasaw tribes. That whenever the members of the Choctaw and Chickasaw tribes S°h°°l*¤°¤·°“*· shall be required to pay taxes for the support of schools, then the fund arising from such royalties shall be disposed of for the equal beneht of their members (ireedmen excepted) in such manner as the tribes may direct. It is further agreed that the United States courts now existing, or Ufiyéigggglgaaf that may hereafter be created, in the Indian Territory shall have ` exclusive jurisdiction of all controversies growing out of the titles, ownership, occupation, possession, or use of real estate, coal, and asphalt in the territory occupied by the Choctaw and Chickasaw tribes · and of all persons charged with homicide, embezzlement, bribery, and embracery, breaches, or disturbances of the peace, and carrying weapons, hereafter committed in the territory of said tribes, without reference to race or citizenship of the person or persons charged with such crime; and any citizen cr officer of the Choctaw or Chickasaw nations charged with such crime shall be tried, and if convicted, punished as though he were a citizen or officer of the Uznited States. And sections sixteen hundred and thirty-six to sixteen hundred and "Em”°“‘°¤*°“‘·" forty-four, inclusive, entitled “Embezzlement,” and sections seventeen hundred and eleven to seventeen hundred and eighteen, inclusive, entitled “Bribery and Embracery," of Mansiield’s Digest of the laws brlggglbzw ·¤·* °¤· of Arkansas, are hereby extended over and put in force in the Choctaw,_ and Chickasaw nations; and the word “oiilcer," where the same appears "°*“°°'· "°“"°‘· in said laws, shall include all officers of the Choctaw and Chickasaw governments; and the fifteenth section of the Act of Congress, entitled WL ¤5·P·"“~ “An Act to establish United States courts in the Indian Territory, and for other purposes,” approved March first, eighteen hundred and eighty-nine, limiting jurors to citizens of the United States, shall be held not to apply to United States courts in the Indian Territory held within the limits of the Choctaw and Chickasaw nations; and all mem- meme °°¤*P°*°¤” bers of the Choctaw and Chickasaw tribes, otherwise qualified, shall be J _. competent jurors in said courts: Provided, That whenever a member of f[§}f,‘§ ,,,;,,,,,,1,,, the Choctaw and Chickasaw nations is indicted for homicide, he may, ¤¤¤<1¤r. ¤¤•¤z¤ ¤f within thirty days after such indictment and his arrest thereon, and "°°“°' before the same is reached for trial, hle with the clerk of the court in which he is indicted, his aiiidavit that he can not get a fair trial in said court; and it thereupon shall be the duty of the judge of said court to order a change of venue in such case to the United States district court for the western district of Arkansas, at Fort Smith, Arkansas, or