of said council districts for members of the council, shall be declared by the governor to be duly elected to the council, and the person or persons authorized to be elected having the greatest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be elected members of the house of representatives: Provided, That in case two or more persons voted for have an equal number of votes, and in case a vacancy otherwise occurs in either branch of the legislative assembly, the governor shall order a new election; and the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint, but after such first election, however, the time, place and manner of holding elections by the people, and the appointment of representation, and the day of the commencement of regular sessions of the legislative assembly, shall be prescribed by law: Provided, however, That the governor shall have power to call the legislative assembly together by proclamation on an extraordinary occasion, at any time.

SEC. 5. That all male citizens of the United States above the age of twenty-one years, and all male persons of foreign birth over said age, who shall have, twelve months prior thereto, declared their intentions to become citizens of the United States, as now required by law, who are actual residents at the time of the passage of this act of that portion of said Territory which was declared by the proclamation of the president to be open for settlement on the twenty-second day of April, anno domini, eighteen hundred and eighty-nine, and of that portion of said Territory heretofore known as the Public Land Strip, shall be entitled to vote at the first election in the Territory. At every subsequent election the qualifications of voters, and of holding office, shall be such as may be prescribed by the legislative assembly, subject, however, to the following restrictions on the power of the legislative assembly, namely: First, The right of suffrage and of holding office shall be exercised only by citizens of the

United States above the age of twenty-one years and by persons of foreign birth above that age who have declared, on oath, before a competent court of record, as required by the naturalization laws of the United States, their intention to become citizens, and have taken an oath to support the constitution of the United States, and who shall have been residents of the United States for the term of twelve months before the election at which they offer to vote. Second, There shall be no denial of the elective franchise or of holding office, to a citizen, on account of race, color, or previous condition of servitude. Third, No officer, soldier, seaman, marine, or other person in the army or navy, or attached to troops in the service of the United States, shall be allowed to vote in said Territory by reason of being on service therein. Fourth, No person belonging to the army or navy shall be elected to, or hold, any civil office or appointment in said Territory.

legislative

SEC. 6. That the legislative power of the Territory Limitation of shall extend to all rightful subjects of legislation, not in- power. consistent with the constitution and laws of the United States, but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed on the property of the United States, nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents, nor shall any law be passed impairing the right to private property, nor shall any unequal discrimination be made in taxing different Property mus be taxed with. kinds of property, but all property subject to taxation out discrimishall be taxed in proportion to its value: Provided, That nothing herein shall be held to prohibit the levying and collecting license or special taxes in the Territory, from Special persons engaged in any business therein, if the legislative licenses. power shall consider such taxes necessary. Every bill Procedure in which shall have passed the council and the house of repre- passing laws. sentatives of said Territory shall, before it becomes a law, be presented to the governor of the Territory. If he approves he shall sign it, but if not, he shall return it with his objections, to the house in which it originated, who

nation.

Township, district and

how filled.

shall enter the objections at large upon their journal, and proceed to reconsider it. If after such a reconsideration, two-thirds of the house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house it shall become a law. But in all such cases the vote of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return, in which case it shall not be a law.

SEC. 7. That all township, district, and county officers, county offices, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the Territory. The governor shall nominate and, by and with the advice and consent of the council, appoint all officers not herein otherwise provided for, and in the first instance the governor alone may appoint all such officers, who shall hold their offices until the end of the first session of the legislative assembly; and he shall lay off the necessary districts for members of the council and house of representatives, and all other officers; and whenever a vacancy happens from resignation or death, during the recess of the legislative council, in any office which is filled by appointment of the governor, by and with the advice and consent of the council, the governor shall fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislative council: It is further cannot author- provided, That the legislative assembly shall not authorize the issuing of any bond, scrip, or evidence of debt by the of railroads. Territory, or any county, city, town, or township therein, for the construction of any railroad.

Legislature

ize issuance

of scrip for construction

Legislators cannot hold offices created by them.

SEC. 8. That no member of the legislative assembly shall hold or be appointed to any office, which has been created or the salary or emoluments of which has been

er, in whom

probate court and justices of

increased while he was a member, during the term for which he was elected and for one year after the expiration of such term, but this restriction shall not be applicable to members of the first legislative assembly provided for by this act; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said Territory. Judicial pow SEC. 9. That the judicial power of the Territory shall vested be vested in a supreme court, district courts, probate courts, and justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum. They shall hold their offices for four years, and until their successors are appointed and qualified, and they shall hold a term annually at the seat of government of said Territory. The jurisdiction of the several courts herein provided Jurisdiction of for, both appellate and original, and that of the pro- the peace. bate courts and of the justices of the peace, shall be as limited by law: Provided, That justices of the peace, who shall be elected in such manner as the legislative assembly may provide by law, shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction, and author- distict courts. ity for redress for all wrongs committed against the constitution or laws of the United States or of the Territory affecting persons or property. Said Territory shall be divided into three judicial districts, and a district court shall be held in each county in said district thereof by one of the justices of the supreme court, at such time and place as may be prescribed by law, and each judge after assignment shall reside in the district to which he is assigned. The supreme court shall define said judicial districts, and shall fix the times and places at each county court to define seat in each district, where the district court shall be tricts. held, and designate the judge who shall preside therein.

urisdiction of upr me and

Supreme

judicial dis

:erritory.

district courts,

Unorganized And the territory not embraced in organized counties shall be attached for judicial purposes to such organized county or counties as the supreme court may determine. The supreme court of said Territory shall appoint its own clerk, who shall hold his office at the pleasure of the court for which he is appointed. Each district court shall appoint its clerk, who shall also be the register in chancery, and shall keep his office where the court may Appeals from be held. Writs of error, bills of exception, and appeals district courts, when. shall be allowed in all cases from final decisions of said district courts, to the supreme court, under such regulations as may be prescribed by law, but in no case removed to the supreme court shall trial by jury be allowed in said court. Writs of error and appeals from the final Appeals from decisions of said supreme court shall be allowed and may allowed when. be taken 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, where the value of the property or the amount in controversy to be ascertained by oath or affirmation of either party or other competent witnesses, shall exceed five thousand dollars; and each of said district courts shall have and exercise, exclusive of any court heretofore established, the same jurisdiction in all cases arising under the constitution and laws of the United States as is vested in the circuit and jurisdiction of district courts of the United States. In addition to the district courts. jurisdiction otherwise conferred by this act, said district courts shall have and exercise exclusive original jurisdiction over all offenses against the laws of the United States committed within that portion of the Cherokee Outlet not embraced within the boundaries of said Territory of Oklahoma as herein defined, and in all civil cases between citizens of the United States residing in such portion of the Cherokee Outlet, or between citizens of the United States, or of any state or territory, and any citizen of, or person or persons residing or found therein, when the value of the thing in controversy or damages or money claimed shall exceed one hundred dollars; writs of error, bills of exceptions, and appeals shall in

Additional

Cherokee outlet.