Volume 18 , Issue 42

1898 - Indian Territory Bill Provides For Four Judicial Districts

In the Indian Sentinel, Tahlequah, Oklahoma, dated 18 February 1898, Friday, on page 1, we found this bill that would divide the Indian Territory into four judicial districts, to authorize the appointment of two additional United States judges; one additional United States attorney, and one additional United States marshal and to amend the laws in force in the Indian Territory.

Found on Newspapers.com

It was enacted by the senate and house of representatives of the Untied States of America in congress assembled. The Indian Territory shall be divided into four judicial districts, to be known as the first, second, third and fourth judicial districts of the Indian Territory, as follows:

First District
The first judicial district was bonded as as follows: Beginning at a point in the middle of the Arkansas river where the Arkansas state line crosses said river, thence northwesterly on a line in the centre of said river to the confluence of the Verdigris river; thence on a line in the centre of said Verdigris river to the confluence of the Caney or Little Verdigris river; thence in the centre of said Caney or Little Verdigris river to the eastern boundary line of the Osage reservation; thence north on the boundary line between the said osage reservation and the Cherokee Nation to the Kansas state line; thence east on said line to the northeast corner of the Indian Territory, thence south on the east boundary line of the Indian Territory to the place of beginning.

Second Judicial District
The second judicial district was composed of the Seminole Nation, and all that part of the creek Nation and Cherokee Nation, not embraced within the boundaries of the first judicial district.

Third Judicial District
The third judicial district was known as the central judicial district and was composed of the Choctaw Nation as constituted.

Fourth Judicial District
The southern judicial district was known as the fourth judicial district, and composed of the Chickasaw Nation as now constituted. The terms of court was to be held in the first judicial district at Vinita, Tahlequah, Wagoner and Miami. The records of the clerk's office and the marshal's office shall be kept at Vinita, except as provided for recording deeds and mortgages at the town of Miami in the Quapaw reservation.

Terms of court were held in the second judicial district at Muskogee, Tulsa, Eufaula and Wewoka, and the records of the clerk's and marshal's office would be kept at Muskogee.

The president shall nominate, and by and with the advice and consent of the senate appoint one additional United States marshal for the Indian Territory. The marshal so appointed shall be assigned to the first judicial district, and the district attorney so appointed shall be as signed to the second judicial district. The district attorney appointed and assigned to the northern judicial district shall be and was hereby assigned to the first judicial district as crated by this act.

Section 3, Bill
The judge of the United States courts for the Indian Territory appointed under the act making appropriations for the Indian service for the year ending June 30, 1898, approved June 7, 1897, is hereby assigned to the first judicial district established by this act, and as judge of the first judicial district he shall have all the powers and authority centered upon the other judges in the Indian Territory in their respective districts, and special authority to appoint United States commissioners and Untied States constables and a clerk of the United States court for said district, all of whom shall have like powers and perform like duties and receive the same compensation as like officers in the other judicial districts of the Indian Territory. He shall divide the first judicial district in to six commissioners' districts, and fix the places for holding commissioners' courts therein; and the judge of the second judicial district shall divide said district into six commissioners' districts, fix the places for holding commissioners' courts therein, and assign the commissioners and constables heretofore appointed for the northern judicial district, to the districts formed in the said second judicial district.

Whenever the word "county" occurs in the laws of Arkansas, heretofore but in force in the Indian Territory, the words "Judicial District" shall be substituted therefore, for the purpose of making said laws of Arkansas applicable to the said Indian Territory.

Section 4
The judge and marshal heretofore appointed for the northern district of the Indian Territory shall be the judge and marshal of the second judicial district of the Indian Territory. The judge, attorney and marshal heretofore appointed for the central district shall be the judge, attorney and marshal for the third judicial district; and the judge, attorney and marshal heretofore appointed for the southern district shall be the judge, attorney and marshal of the fourth judicial district of the Indian Territory.

All suits, pleadings, writs, process, indictments, records and other official documents int he several courts of the Indian Territory shall, upon the passage of this act, be recognized as pending in the courts of the several districts as constituted, by this act.

There were 35 sections to this Indian Territory Act. You can read it in its entirety by clicking on the image link above.
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