Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · STATUTES-AT-LARGE · Vol. 34 STAT. · June 16, 1906 · Chapter 3335

Chapter 3335. To enable the people of Oklahoma and of the Indian Territory to form a constitution and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of New Mexico and of Arizona to form a constitution and State government and be admitted into

13,065 words·~59 min read·/statutes-at-large/vol-34/chapter-3335-1328719·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CHAP. 3335.— An Act To enable the people of Oklahoma and of the Indian Territory to form a constitution and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of New Mexico and of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States. June 16, 1906. [[H. R. 12707](/us/bill/59/hr/12707).] [[Public, No. 234](/us/pl/59/234).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the inhabitants of all Admission of new States.Oklahoma.To comprise Oklahoma and Indian Territories.that part of the area of the United States now constituting the Territory of Oklahoma and the Indian Territory, as at present described, may adopt a constitution and become the State of Oklahoma, as hereinafter provided: *Provided*, That nothing contained in the said constitution *Proviso.*Indian rights unimpaired. shall be construed to limit or impair the rights of person or property pertaining to the Indians of said Territories (so long as such rights shall remain unextinguished) or to limit or affect the authority of the Government of the United States to make any law or regulation respecting such Indians, their lands, property, or other rights by 268treaties, agreement, law, or otherwise, which it would have been competent to make if this Act had never been passed.
Constitutional convention.Qualifications of voting for delegates. Sec. 2. That all male persons over the age of twenty-one years, who are citizens of the United States, or who are members of any Indian nation or tribe in said Indian Territory and Oklahoma, and who have resided within the limits of said proposed State for at least six months next preceding the election, are hereby authorized to vote for and choose delegates to form a constitutional convention for said proposed State; and all persons qualified to vote for said delegates shall be eligible to serve as delegates; and the delegates to form such convention From Oklahoma.Indian Territory.Osage Reservation.shall be one hundred and twelve in number, fifty-five of whom shall be elected by the people of the Territory of Oklahoma, and fifty-five by the people of Indian Territory, and two shall be elected by the electors residing in the Osage Indian Reservation in the Territory Voting districts.Oklahoma.of Oklahoma; and the governor, the chief justice, and the secretary of the Territory of Oklahoma shall apportion the Territory of Oklahoma into fifty-six districts, as nearly equal in population Osage Reservation.as may be, except that such apportionment shall include as one district the Osage Indian Reservation, and the governor, the chief justice, and the secretary of the Territory of Oklahoma shall appoint an election commissioner who shall establish voting precincts in said Osage Indian Reservation, and shall appoint the judges for election in said Osage Indian Reservation; and two delegates shall be elected from said Osage Indian Territory.district; and the Commissioner to the Five Civilized Tribes, and two judges of the United States courts for the Indian Territory, to be designated by the President, shall constitute a board, which shall apportion the said Indian Territory into fifty-five districts, as nearly equal in population as may be, and one delegate shall be elected Proclamation ordering election.from each of said districts; and the governor of said Oklahoma Territory, together with the judge senior in service of the United States courts in Indian Territory, shall, by proclamation in which such apportionment shall be fully specified and announced, order an election of the delegates aforesaid in said proposed State at a time designated by them within six months after the approval of this Act, which proclamation shall be issued at least sixty days prior to the time Conduct of election.of holding said election of delegates.
The election for delegates in the Territory of Oklahoma and in said Indian Territory shall be conducted, the returns made, the result ascertained, and the certificates of all persons elected to such convention issued in the same manner as is prescribed by the laws of the Territory of Oklahoma regulating Extension of Oklahoma laws.elections for Delegates to Congress. That the election laws of the Territory of Oklahoma now in force, as far as applicable and not in conflict with this Act, including the penal laws of said Territory of Oklahoma relating to elections and illegal voting, are hereby extended to and put in force in said Indian Territory until the legislature of said proposed State shall otherwise provide, and until all persons offending against said laws in the election aforesaid shall have been dealt within the manner Authority of United States courts.therein provided.
And the United States courts of said Indian Territory shall have the same power to enforce the laws of the Territory of Oklahoma, hereby extended to and put in force in said Territory, as have the courts of the Territory of Oklahoma: *Provisos*.Election officers, Indian Territory. *Provided, however*, That said board to apportion districts in Indian Territory shall, for the purpose of said election, appoint an election commissioner for each district who shall distribute all ballots and election supplies to the several precincts in his district, receive the election returns from the judges in precincts, and deliver the same to the canvassing board herein named, establish and define the necessary election precincts, and appoint three judges of election for each precinct, not more than two of whom shall be of the same political party. which judges may appoint the necessary clerk or clerks; that said judges of 269election, so appointed, shall supervise the election in their respective precincts, and canvass and make due return of the vote cast, to the election commissioner for said district who shall deliver said returns, poll books, and ballots to said board, which shall constitute the ultimate and final canvassing board of said election, and they shall issue certificates of election to all persons elected to such convention from the various districts of the Indian Territory, and their certificates of election shall be prima facie evidence as to the election of delegates: *Provided further*, Nominations, Indian Territory and Osage Reservation.That in said Indian Territory and Osage Indian Reservation, nominations for delegate, to said constitutional convention may be made by convention, by the Republican.
Democratic, and People’s Party, or by petition in the manner provided by the laws of the Territory of Oklahoma; and certificates and petitions of nomination in said Indian Territory shall lie tiled with the districting and canvassing board who shall perform the duties of election commissioner under said law, and shall prepare, print, and distribute nil ballots, poll books, and election supplies necessary for the holding of said election under said laws. The capital of said State shall temporarily be at the city Capital at Guthrie till 1913.of Guthrie, in the present Territory of Oklahoma and shall not be changed therefrom previous to anno Domini nineteen hundred and thirteen, but said capital shall, after said year, be located by the electors of said State at an election to be provided for by the legislature: *Provided, however,* That the legislature of said State, except as Buildings limited.shall be necessary for the convenient transaction of the public business of said State at said capital, shall not appropriate any public moneys of the State for the erection of buildings for capitol purposes during such period.
Sec. 3. That the delegates to the convention thus elected shall meet Meeting of convention.at the seat of government of said Oklahoma Territory on the second Tuesday after their election, excluding the day of election in case such day shall be Tuesday, but they shall not receive compensation for more than sixty days of service, and, after organization, shall declare, Duties.on behalf of the people of said proposed State, that they adopt the Constitution of the United States; whereupon the said convention shall, and is hereby authorized to, form a constitution and State government for said proposed State.
The constitution shall be republican Constitution.General principles.in form, and make, no distinction in civil or political rights on account of race or color, and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. And said convention shall provide in said constitution— Provisions. First. That perfect toleration of religious sentiment shall be secured, Religious freedom.and that no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship, and that polygamous or plural marriages are forever prohibited.Polygamy prohibitedLiquor trade.Prohibited for 21 years in Indian Territory, etc.
Second. That the manufacture, sale, barter, giving away, or otherwise furnishing, except as hereinafter provided, of intoxicating liquors within those parts of said State now known as the Indian Territory and the Osage Indian Reservation and within any other parts of said State which existed as Indian reservations on the first day of January, nineteen hundred and six, is prohibited for a period of twenty-one years from the date of the admission of said State into the. Union, and thereafter until the people of said State shall otherwise provide by amendment of said constitution and proper State legislation.
Any Penalty for sale, etc.person, individual or corporate, who shall manufacture, sell, barter, give away, or otherwise furnish any intoxicating liquor of any kind, including beer, ale, and wine, contrary to the provisions of this section, or who shall, within the above-described portions of said State, advertise for sale or solicit the purchase of any such liquors, or who shall ship or in any way convey such liquors from other parts of said State into the portions hereinbefore described, shall be punished, on conviction thereof, by fine not less than fifty dollars and by imprisonment not 270*Proviso*.Agency for sale for medicinal purposes.less than thirty days for each offense: *Provided*, That the legislature may provide by law for one agency under the supervision of said State in each incorporated town of not less than two thousand population in the portions of said State hereinbefore described; and if there be no incorporated town of two thousand population in any county in said portions of said State, such county shall be entitled to have one such Denatured alcohol.agency, for the sale of such liquors for medicinal purposes; and for the sale, for industrial purposes, of alcohol which shall have been denaturized by some process approved by the United States Commissioner Scientific uses.of Internal Revenue; and for the sale of alcohol for scientific purposes to such scientific institutions, universities, and colleges as are authorized to procure the same free of tax under the laws of Bond by apothecaries.the United States; and for the sale of such liquors to any apothecary who shall have executed an approved bond, in a sum not less than one thousand dollars, conditioned that none of such liquors shall be used or disposed of for any purpose other than in the compounding of prescriptions or other medicines, the sale of which would not subject him to the payment of the special tax required of liquor dealers by the United States, and the payment of such special tax by any person within the parts of said State hereinabove defined shall constitute prima facie evidence of his intention to violate the provisions Sales, etc.of this section.
No sale shall be made except upon the sworn statement of the applicant in writing setting forth the purpose for which the liquor is to be used, and no sale shall be made for medicinal purposes except sales to apothecaries as hereinabove provided unless such statement shall be accompanied by a bona fide prescription signed by a regular practicing physician, which prescription shall not be filed more than once. Each sale shall be duly registered, and the register thereof, together with the. affidavits and prescriptions pertaining thereto, shall be open to inspection by any officer or citizen of Penalties.said State at all times during business hours.
Any person who shall knowingly make a false affidavit for the purpose aforesaid shall be Unlawful use by physicians.deemed guilty of perjury. Any physician who shall prescribe any such liquor, except for treatment of disease which after his own personal diagnosis he shall deem to require such treatment, shall, upon conviction thereof, be punished for each offense by fine of not less than two hundred dollars or by imprisonment for not less than thirty Agency officials.days, or by both such fine and imprisonment; and any person connected with any such agency who shall be convicted of making any sale or other disposition of liquor contrary to these provisions shall be punished by imprisonment for not less than one year and one day.
Upon the admission of said State into the Union these provisions shall be immediately enforceable in the courts of said State. Third. Disclaimer of right to public and Indian lands.That the people inhabiting said proposed State do agree and declare that they forever disclaim all right and title in or to any unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian, tribe, or nation; and that until the title to any such public land shall have been extinguished by the United States, the same shall be and remain subject to the jurisdiction, disposal, and control of the United States.
Equality of taxation.That land belonging to citizens of the United States residing without the limits of said State shall never be taxed at a higher rate than the land belonging to residents thereof; that no taxes shall be imposed by the State on lands or property belonging to or which may hereafter be purchased by the United States or reserved for its use. Fourth. Assuming Territorial debts. That the debts and liabilities of said Territory of Oklahoma shall be assumed and paid by said State.
Fifth. Provision for public schools. That provisions shall be made for the establishment and maintenance of a system of public schools, which shall be. open to all the children of said State and free from sectarian control; and said 271schools shall always be conducted in English: *Provided*, That nothing *Provisos.*Languages.herein shall preclude the teaching of other languages in said public schools: *And provided further*, That this shall not be construed to White and colored schools.prevent the establishment and maintenance of separate schools for white and colored children.
Sixth. That said State shall never enact any law restricting or Right of suffrage.abridging the right of suffrage on account of race, color, or previous condition of servitude. Sec. 4. That in case a constitution and State, government shall be Submission of constitution to people.formed in compliance with the provisions of this Act the convention forming the same shall provide by ordinance for submitting said constitution to the people of said proposed State for its ratification or rejection at an election to be held at a time fixed in said ordinance, at Election.which election the qualified voters for said proposed State shall vote directly for or against the proposed constitution, and for or against any provisions separately submitted.
The returns of said election shall Returns.be made to the secretary of the Territory of Oklahoma, who. with the chief justice thereof and the senior judge of the United States court of appeals for the Indian Territory, shall canvass the same; and if a majority Certifying result if ratified.of the legal votes cast on that question shall be for the constitution the governor of Oklahoma Territory and the judge senior in service of the United States court of appeals for the Indian Territory shall certify the result to the President of the United States, together with the statement of the votes cast thereon, and upon separate articles or propositions and a copy of said constitution, articles, propositions, and ordinances.
And if the constitution and government of said proposed Proclamation by the President.State are republican in form, and if the provisions in this Act have been complied with in the formation thereof, it shall be the duty of the President of the United States, within twenty days from the receipt of the certificate of the result of said election and the statement of votes cast thereon and a copy of said constitution, articles, propositions, and ordinances, to issue his proclamation announcing the result of said election; and thereupon the proposed State of Oklahoma shall Admission as State.be deemed admitted by Congress into the Union, under and by virtue of this Act, on an equal footing with the original States.
The original Deposit of constitution, etc.of said constitution, articles, propositions, and ordinances, and the election returns, and a copy of the statement of the votes cast at said election, shall be forwarded and turned over by the secretary of the Territory of Oklahoma to the State authorities of said State. Sec. 5. That the sum of one hundred thousand dollars, or so much Appropriation for election and convention expenses.thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the defraying of the expenses of the elections provided for in this Act. and said convention, and for the payment of the members thereof, under the same rules and regulations and at the same rates as are now provided by law for the payment of the Territorial legislature of the Territory of Oklahoma. and the disbursements of the money appropriated by this section shall be made by the secretary of the Territory of Oklahoma.
Sec. 6. That until the next general census, or until otherwise provided Five Representatives authorized.by law, the said State of Oklahoma shall be entitled to five Representatives in the House of Representatives of the United States, to be elected from the following-described districts, the boundaries of which shall remain the same until the next general census: That district numbered one shall comprise the counties of Grant, District No. 1.Kay, Garfield, Noble, Pawnee, Kingfisher, Logan, Payne, Lincoln, and the territory comprising the Osage and Kansas Indian reservations.
That district numbered two shall comprise the counties of Oklahoma, District No. 2.Canadian, Blaine, Caddo, Custer, Dewey, Day, Woods, Woodward, and Beaver. That district numbered three shall (with the exception of that part District No. 3. 272of recording district numbered twelve, which is in the Cherokee and Creek nations) comprise all the territory now constituting the Cherokee, Creek, and Seminole nations, and the Indian reservations lying northeast of the Cherokee Nation, within said State.
District No. 4. That district numbered four shall comprise all that territory now constituting the Choctaw Nation, that part of recording district numbered twelve which is in the Cherokee and Creek nations, that part of recording district numbered twenty-five which is in the Chickasaw Nation, and the territory comprising recording districts numbered sixteen, twenty-one. twenty-two, and twenty-six, in the Indian Territory. District No. 5. That district numbered five shall comprise the counties of Greer, Roger Mills, Kiowa, Washita, Comanche, Cleveland, and Pottawatomie, and the territory comprising recording districts numbered seventeen, eighteen, nineteen, and twenty, in the Chickasaw Nation.
Indian Territory. Election of Representatives and State officers when constitution is voted on. And the said Representatives, together with the governor and other officers provided for in said constitution, shall be elected on the same day of the election for the ratification or rejection of the constitution; and until said officers are elected and qualified under the provisions of such constitution and the said State is admitted into the Union, the Territorial officers of Oklahoma Territory shall continue to discharge the duties of their respective offices in said Territory.
Grant of hands for schools. Sec. 7. That upon the admission of the State into the Union sections numbered sixteen and thirty-six. in every township in Oklahoma Territory, and all indemnity lands heretofore selected in lieu thereof, are hereby granted to the State for the use and benefit of the common *Provisos*.Lands exempted from selection.schools: *Provided*, That sections sixteen and thirty-six embraced in permanent reservations for national purposes shall not at any time be subject to the grant nor the indemnity provisions of this Act, nor shall any lands embraced in Indian, military, or other reservations of any character, nor shall land owned by Indian tribes or individual members of any tribe be subjected to the grants or to the indemnity provisions of this Act until the reservation shall have been extinguished and such lands be restored to and become a part of the public domain:
Condition.Deduction of grants to Territory. *Provided*, That there is sufficient untaken public land within said State to cover this grant: *And provided*, That in case any of the lands herein granted to the State of Oklahoma have heretofore been confirmed to the Territory of Oklahoma for the purposes specified in this Act, the amount so confirmed shall be deducted from the quantity specified in this Act. Appropriation for schools in lieu of Indian Territory lands. There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the stun of five million dollars for the use and benefit of the common schools of said State in lieu of sections sixteen and thirty-six, and other lands of the Indian Territory.
Said appropriation shall be paid by the Treasurer of the United States at such time and to such person or persons as may be authorized by said Payments delayed.State to receive the same under laws to be enacted by said State, and until said State shall enact such laws said appropriation shall not be paid, but said State shall be allowed interest thereon at the rate of three per centum per annum, which shall be paid to said State for Trust created.the use and benefit of its public schools.
Said appropriation of five million dollars shall be held and invested by said State, in trust, for the use and benefit of said schools, and the interest thereon shall he *Proviso.*Sulphur springs and other reservations reserved.used exclusively in the support and maintenance of said schools: *Provided*, That nothing in this Act contained shall repeal or affect any Act of Congress relating to the Sulphur Springs Reservation as now defined or as may be hereafter defined or extended, or the power of the United States over it or any other lands embraced in the State hereafter set aside by Congress as a national park, game preserve, or 273for the preservation of objects of archaeological or ethnological interest; and nothing contained in this Act shall interfere with the rights and ownership of the United States in any land hereafter set aside by Congress as national park, game preserve, or other reservation, or in the said Sulphur Springs Reservation, as it now is or may be hereafter defined or extended by law; but exclusive legislation, in all eases whatsoever, Exclusive jurisdiction retained.shall be exercised by the United States, which shall have exclusive control and jurisdiction over the same; but nothing in this Service of process, etc.proviso contained shall be construed to prevent the service within said Sulphur Springs Reservation or national parks, game preserves, and other reservations hereafter established by law, of civil and criminal processes lawfully issued by the authority of said State, and said State Indemnity selections excluded from parks, etc.shall not be entitled to select indemnity school lands for the thirteenth, sixteenth, thirty-third, and thirty-sixth sections that may be embraced within the metes and bounds of the national park, game preserve, and other reservation or the said Sulphur Springs Reservation, as now defined or may be hereafter defined.
Sec. 8. That section thirteen in the Cherokee Outlet, the Tonkawa University, etc., grants.Vol. 28, p. 1229.Indian Reservation, and the Pawnee Indian Reservation, reserved by the President of the United States by proclamation issued August nineteenth, eighteen hundred and ninety-three, opening to settlement the said lands, and by any Act or Acts of Congress since said date, and section thirteen in all other lands which have been or may be opened to settlement in the Territory of Oklahoma, and all lands heretofore selected in lieu thereof, is hereby reserved and granted to said State Allotment.for the use and benefit of the University of Oklahoma and the University Preparatory School, one-third; of the normal schools now established *Post*, pp. 623, 932.or hereafter to be established, one-third; and of the Agricultural and Mechanical College and the Colored Agricultural Normal University, one-third.
The said lands or the proceeds thereof as above apportioned shall be divided between the institutions as the legislature of said State may prescribe: *Provided*, That the said lands so reserved *Proviso.*Use of lands and proceeds.or the proceeds of the sale thereof shall be safely kept or invested and held by said State, and the income thereof, interest, rentals, or otherwise, only shall be used exclusively for the benefit of said educational institutions. Such educational institutions shall remain under Control, etc.the exclusive control of said State, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes, or the income or rentals thereof, shall be used for the support of any religious or sectarian school, college, or university.
That section thirty-three, and all lands heretofore selected in lieu Lands for public institutions and buildings.thereof, heretofore reserved under said proclamation, and Acts for charitable and penal institutions and public buildings, shall be apportioned and disposed of as the legislature of said State may prescribe. Where any part of the lands granted by this Act to the State of Mineral and oil lands.Oklahoma are valuable for minerals, which terms shall also include gas and oil. such lands shall not be sold by the said State prior to January Sale restricted.Leases authorizedfirst, nineteen hundred and fifteen; but the same may be leased for periods not exceeding five years by the State officers duly authorized for that purpose, such leasing to be made by public competition after not less than thirty days’ advertisement in the manner to be prescribed by law, and all such leasing shall be done under sealed bids and awarded to the highest responsible bidder.
The leasing shall Royalties, etc.require and the advertisement shall specify in each case a fixed royalty to be paid by the successful bidder, in addition to any bonus offered for the lease, and all proceeds from leases shall be covered into the fund to which they shall properly belong, and no transfer or assignment of any lease shall be valid or confer any right in the assignee without the consent of the proper State authorities in writing: *Provided, however*, *Proviso.*Rights of agricultural lessees.That agricultural lessees in possession of such lands 274shall be reimbursed by the mining lessees for all damage done to said agricultural lessees’ interest therein by reason of such mining operations.
The legislature of the State may prescribe additional legislation governing such leases not in conflict herewith. Disposal of common school lands. Sec. 9. That said sections sixteen and thirty-six, and lands taken in lieu thereof, herein granted for the support of the common schools, if sold, may be appraised and sold at public sale in one hundred and sixty acre tracts or less, under such rules and regulations as the legislature of the said State may prescribe, preference right to purchase at School fund from proceeds.Leases, etc.the highest bid being given to the lessee at the time of such sale, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of such schools.
But said hinds may, under such regulations as the legislature may prescribe, be leased for periods not to exceed ten years; and such lands shall not be subject to homestead entry or any other entry under the laud laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only. University and pub lie institution lands.Sales or leases. Sec. 10. That said sections thirteen and thirty-three, aforesaid, if sold, may be appraised and sold at public sale, in one hundred and sixty acre tracts or less, under such rides and regulations as the legisture of said State may prescribe, preference right to purchase at the highest bid being given to the lessee at the time of such sale, but such lands may be leased for periods of not more, than five years, under such rules and regulations as the legislature shall prescribe, and until such time as the legislature shall prescribe such rules these and all other lands granted to the State shall be leased under existing rules and regulations, and shall not be subject to homestead entry or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for designated purposes only, and until such time as the legislature shall prescribe as aforesaid such lands *Proviso*.Appraisal of improvements.shall be leased under existing rules: *Provided*, That before any of the said lands shall lie sold, as provided in sections nine and ten of this Act, the said lands and the improvements thereon shall be appraised by three disinterested appraisers, who shall be nonresidents of the county wherein the land is situated, to be designated as the legislature, of said State shall prescribe, and the said appraisers shall make a true appraisement of said lands at the actual cash value thereof, exclusive of improvements, and shall separately appraise, all permanent improvements thereon at their fair and reasonable value, and in case the leaseholder does not become the purchaser, the purchaser at said sale shall, under such rules and regulations as the legislature may prescribe, pay to or for the lease-holder Payment by purchaser.the appraised value of said improvements, and to the State the amount bid for the. said lauds, exclusive of the appraised value of improvements; and at said sale no bid for any tract at less than the appraisement thereof shall be accepted.
Use of 5 per cent fund for common schools. Sec. 11. That an amount equal to five per centum of the proceeds of the sales of public lands lying within said State shall be paid to the said State, to be used as a permanent fund, the interest only of which shall be expended for the support of the common schools within said State. Lands in lieu of internal improvements and swamp-land grants.Vol. 5, p. 455. Sec. 12. That in lieu of the grant of land for purposes of internal improvement made to new States by the eighth section of the Act of September fourth, eighteen hundred and forty-one. which section is hereby repealed as to said State, and in lien of any claim or demand of the State of Oklahoma under the Act of September twenty-eighth, Vol. 9, p. 519.R.
S., sec. 2479, p. 453.eighteen hundred and fifty, and section twenty-four hundred and seventy-nine of the Revised Statutes, making a grant of swamp and overflowed lands, which grant it is hereby declared is not extended to Allotment.said State of Oklahoma, the following grant of land is hereby made to said State from public lands of the United States within said State, 275for the purposes indicated. namely: For the benefit of the Oklahoma Oklahoma University.University Preparatory School.Agricultural, etc., College.Colored Agricultural, etc., University Normal schools.University, two hundred and fifty thousand acres: for the benefit of the University Preparatory School, one hundred and fifty thousand acres; for the benefit of the Agricultural and Mechanical College, two hundred and fifty thousand acres: for the benefit of the Colored Agricultural and Normal University, one hundred thousand acres; for the benefit of normal schools, now established or hereafter to be established, three hundred thousand acres.
The lands granted by this Selections.section shall be selected by the board for lensing school lands of the Territory of Oklahoma immediately upon the approval of this Act. Said selections as soon as made shall be certified to the Secretary of the Interior, and the lands so selected shall be thereupon withdrawn from homestead entry. Sec. 13. That said State when admitted as aforesaid shall constitute Judicial created.Eastern.Western.Courts.two judicial districts, to be known as the eastern district of Oklahoma and the western district of Oklahoma; the said Indian Territory shall constitute said eastern district, and the said Oklahoma Territory shall constitute said western district.
The circuit and district courts for the eastern district shall be held one term at Muscogee, one term at Vinita, one term at Tulsa, one term at South McAlester, one. term at Chickasha, and one term at Ardmore, each year, and the circuit and district courts of the western district shall be. held one term at Guthrie, one term at Oklahoma City, and one term at Enid, and one term at Lawton, each year, for the time being. And the said Attached to eighth circuit.districts shall, for judicial purposes, until otherwise provided, be attached to the eighth judicial circuit.
There shall be appointed for Judges, attorneys, and marshals.each of said districts one district judge, one United States attorney, and one United States marshal. There shall be appointed a Clerks.clerk for each of said districts, who shall keep his office at Muscogee and Guthrie, respectively, for the time being. The regular term of Terms.Muscogee.Vinita.Tulsa.South McAlester Ardmore.Chickasha.Guthrie.Oklahoma City.Enid.Lawton.said courts shall be held at the places designated in this Act. at Muscogee on the first Monday in January and at Vinita on the first Monday in March and at Tulsa on the first Monday in April; at South McAlester on the first Monday in June; at Ardmore on the first Monday in October; at Chickasha on the first Monday of November; at Guthrie on the first Monday in January; at Oklahoma City on the first Monday in March: at Enid on the first Monday in June, and at Lawton on the first Monday in October, in each year, and one grand jury shall be summoned in each year in each of said circuit and district courts.
The circuit and district courts for each of said districts, and Jurisdiction of courts and officials.the judges thereof, respectively, shall possess the same powers and jurisdiction and perform the same duties required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. The marshal, district attorney, and clerk of each of the circuit and district courts of said districts, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perforin the duties lawfully required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation now allowed by law to officers performing similar services for the United States in other districts of the United States; and that the laws in Oklahoma laws extended.force in the Territory of Oklahoma, as far as applicable, shall extend over and apply to said State until changed by the legislature thereof.
Sec. 14. That all prosecutions for crimes or offenses hereafter Prosecutions of crimes.committed in either of said judicial districts as hereby constituted shall be cognizable within the district in which committed, and all prosecutions for crimes or offenses committed before the passage of this Act in which indictments have not yet been found or proceedings instituted shall be cognizable within the judicial district as hereby constituted in which such crimes or offenses were committed. 276 Determination of appeals and writs of error.
Sec. 15. That all appeals or writs of error taken from the supreme court of Oklahoma Territory, or the United States court of appeals in the Indian Territory to the Supreme Court of the United States or the United States circuit court of appeals for the eighth circuit, previous to the final admission of such State shall be prosecuted to final determination as though this Act had not been passed. And all eases in which final judgment has been rendered in such Territorial appellate courts which appeals or writs of error might be had except for the admission of such State may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States circuit court of appeals under the provisions of existing laws, and there held and determined in like manner, and in either case the Supreme Court of the United States, or the United States circuit court of appeals, in the event of reversal shall remand the said causes to either the State supreme court or other final appellate court of said State, or the United States circuit and district courts of said State, as the case may *Proviso*.Time allowed.require: *Provided*, That the time allowed by existing law for appeals and writs of error from appellate courts of said Territories shall not be enlarged hereby, and all appeals and writs of error not sued out from the final judgments of said courts at the time of the admission of such State shall be taken within six months from such time.
Transfer of pending Federal cases.*Post*, p. 1286. Sec. 16. That all causes pending in the supreme and district courts of Oklahoma Territory and in the United States courts and in the United States court of appeals in the Indian Territory arising under the Constitution, laws, or treaties of the United States, or affecting ambassadors, ministers, or consuls of the United States, or of any other country or State, or of admiralty or of maritime jurisdiction, or in which the United States may be a party, or between citizens of the same State claiming lands under grants from different States; and in all cases where there is a controversy between citizens of said Territories prior to admission and citizens of different States, or between citizens of different States, or between a citizen of any State and citizens or subjects of any foreign State or country, and in which cases of diversity of citizenship there shall be more than two thousand dollars in controversy, exclusive of interest and costs, shall be transferred to the proper United States circuit or district court for final disposition: *Proviso*.Limit of transfers to Federal courts. *Provided*, That said transfer shall not be made in any case where the United States is not a party except on application of one of the parties in the court in which the cause is pending, at or before the second term of such court, after the admission of said State, supported by oath, showing that the case is one which may be so transferred, the proceedings to effect such transfer, except as to time and parties, to be the same as are now provided by law for the removal of causes Cases in circuit court.from a State court to a circuit court of the United States; and in causes transferred from the appellate courts of said Territories the circuit court of the United States in such State shall first determine such appellate matters as the successor of and with all the power of said Territorial appellate courts, and shall thereafter proceed under its Review by Supreme Court or circuit court of appeals.original jurisdiction of such causes.
All final judgments and decrees rendered in such circuit and district courts in such transferred cases may be reviewed by the Supreme Court of the United States or by the United States circuit court of appeals in the same manner as is now provided by law with reference to existing United States circuit and district courts. Determination of State cases.*Post*, p. 1287. Sec. 17. That all cases pending in the supreme court of said Territory of Oklahoma and in the United States court of appeals in the Indian Territory not transferred to the United States circuit and district courts in said State of Oklahoma shall be proceeded with, hold, and determined by the supreme or other final appellate court of such State as the successor of said Territorial supreme court and appellate 277court, subject to the same right to review upon appeal or error to the Supreme Court of the United States now allowed from the supreme or appellate courts of a State under existing laws.
Jurisdiction of Courts of original jurisdiction.all cases pending in the courts of original jurisdiction in said Territories not transferred to the United States circuit and district courts shall devolve upon and be exercised by the courts of original jurisdiction created by said State. Sec. 18. That the supreme court or other court of last resort of said Authority of State supreme court.Dockets, etc.State shall be deemed to be the successor of said Territorial appellate courts and shall take and possess any and all jurisdiction as such, not herein otherwise specifically provided for. and shall receive and retain the custody of all books, dockets, records, and tiles not transferred to other courts, as herein provided, subject to the duty to furnish transcripts of all book entries in any specific case transferred to complete the record thereof.
Sec. 19. That the courts of original jurisdiction of such State shall Courts of original jurisdiction.Dockets, etc.be deemed to be the successor of all courts of original jurisdiction of said Territories and as such shall take and retain custody of all records, dockets, journals, and files of such courts except in causes transferred therefrom, as herein provided; the tiles and papers in such transferred cases shall be transferred to the proper United States circuit or district court, together with a transcript of all book entries to complete the record in such particular case so transferred.
Sec. 20. That all cases pending in the district courts of Oklahoma Transfer of cases pending in district and Indian Territory courts.*Post*, p. 1287.Territory and in the United States courts for the Indian Territory at the time said Territories become a State not transferred to the United States circuit or district courts in the State of Oklahoma shall be proceeded with, held, and determined by the courts of said State, the successors of said district courts of the Territory of Oklahoma and United States courts for the Indian Territory, with the right to prosecute appeals or writs of error to the supreme court of said State, and also with the same right to prosecute appeals or writs of error from the final determination in said causes made by the supreme court of said State of Oklahoma to the Supreme Court of the United States, as now provided by law for appeals and writs of error from the supreme court of a State to the Supreme Court of the United States.
Sec. 21. That the constitutional convention may by ordinance provide Election of full state officers.for the election of officers for a full State government, including members of the legislature and five Representatives to Congress, and Osage Reservation to be separate county, etc.shall constitute the Osage Indian Reservation a separate county, and provide that it shall remain a separate county until the lands in the Osage Indian Reservation are allotted in severalty and until changed by the legislature of Oklahoma, and designate the county seat thereof, and shall provide rules and regulations and define the manner of conducting the first election for officers in said county.
Such State government State government in abeyance till admission.shall remain in abeyance until the State shall be admitted into the Union and the election for State officers held, as provided for in this Act. The State legislature when organized shall elect two Senators Election of Senators.of the United States, in the manner now prescribed by the laws of the United States, and the governor and secretary of said State shall certify Certifying election of Senators and Representatives.the election of the Senators and Representatives in the manner required by law; and said Senators and Representatives shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.
And the officers of the State government formed in Operation of State government, etc.pursuance of said constitution, as provided by said constitutional convention, shall proceed to exercise all the functions of such State officers; and all laws in force in the Territory of Oklahoma at the time of the admission of said State into the Union shall be in force throughout said State, except as modified or changed by this Act or by the con-278United States laws.stitution of the State, and the laws of the United States not locally inapplicable shall have the same force and effect within said State as elsewhere within the United States.
Acceptance of this act. Sec. 22. That the constitutional convention provided for herein shall, by ordinance irrevocable, accept the terms and conditions of this Act. Arizona.To comprise Arizona and New Mexico Territories. Sec. 23. That the inhabitants of all that part of the area of the United States now constituting the Territories of Arizona and New Mexico, as at present described, may become the State of Arizona, as hereinafter provided. Constitutional convention.Election of delegates; time.
Sec. 24. That at the general election to be held on the sixth day of November, nineteen hundred and six. all the electors of said Territories, respectively, qualified to vote at such election, are hereby authorized to vote for and choose delegates to form a convention for said Apportionment.Territories. The aforesaid convention shall consist of one hundred and ten delegates, sixty-six of which delegates shall be elected to said convention by the people of the Territory of Now Mexico and forty- four by the people of the Territory of Arizona: and the governors, chief justices, and secretaries of each of said Territories, respectively, shall apportion the delegates to be thus elected from their respective Territories, as nearly as may be, equitably among the several counties thereof in accordance with the voting population as shown by the vote cast for Delegate in Congress in the respective Territories in nineteen hundred and four.
Ballots. That at the said general election and on the same ballots on which the names of candidates to the convention aforesaid are printed, there Question of united statehood submitted.shall be submitted to said qualified electors of each of said Territories a question which shall be stated on the ballot in substance and form as follows: “Shall Arizona and New Mexico be united to form one State?” □ Yes. □ No. Electors desiring to vote in the affirmative shall place a cross mark in the square to the left of the word “Yes,” and those desiring to vote in the negative shall place a cross mark in the square to the left of the Certifying results of election.word “No” in the form above prescribed.
The governors and secretaries of the respective Territories shall certify and transmit, as soon as may be practicable, the results of said election each to the other If majority in each Territory is for union, State may be admitted.and likewise to the Secretary of the Interior, and if it appears from the returns thus certified that a majority of the qualified electors in each of said Territories who voted on the question aforesaid at such election voted in favor of the union of New Mexico and Arizona as one State, then, and not otherwise, the inhabitants of that part of the area of the United States now constituting the Territories of Arizona and New Mexico as at present described may become the State of Arizona If vote in either Territory is against union, succeeding sections void.as hereinafter provided; but if in either of said Territories a majority of the qualified electors voting on the question aforesaid at such election shall appear by such certified returns to have voted against the union of said Territories then, and in that event, section twenty-three and all succeeding sections of this Act shall thereafter be null and void and of no effect, excepting that the appropriation made in section forty-one hereof shall be and remain available for defraying all and every kind and character of expense incurred on account of the election of delegates to the convention and the submission of the question aforesaid.
Proclamation for election. The governors of said Territories, respectively, shall, within thirty days after the approval of this Act, by proclamation in which the aforesaid apportionment of delegates to the convention shall be fully specified and announced and the aforesaid question to be voted on by the electors shall be clearly stated, order that the delegates aforesaid in their respective Territories shall be voted for and the question aforesaid shall be submitted to the qualified electors in each of said 279Territories as herein required at the aforesaid general election.
Such election for delegates shall be conducted, the returns made and the certificates of persons elected to such convention issued, as near as may he, in the same manner as is prescribed by the laws of said Territories, respectively, regulating elections therein of members of the legislature: *Provided*, That if it appears from the returns that a majority *Proviso.*Transmission of result in Arizona if favorable to union.of the qualified electors in the Territory of Arizona who voted on the question at the election voted in favor of the union of New Mexico and Arizona as one State, then, and not otherwise, the secretary or other proper officer of said Territory of Arizona into whose hands the result of said election finally comes, shall immediately transmit and certify the result as to the election of delegates to the convention to the secretary of the Territory of New Mexico at Santa Fe, and if it appears from the returns from the election held in New If result in New Mexico favors union, convention to be called.Mexico that a majority of the qualified voters aforesaid voted in favor of joint statehood, then in that event the secretary of said Territory of New Mexico shall make up a temporary roll of the convention from the certified returns from both of said Territories, and he shall call the convention to order at the time herein required, and said convention Power of convention.when so called to order and organized shall be the sole judge of the election and qualifications of its own members.
Persons possessing Qualifications of voters.the qualifications entitling them to vote at the aforesaid general election shall be entitled to vote on the ratification or rejection of the constitution if submitted to the people of said Territories hereunder, and on the election of all officials whose election is taking place at the same time, under such rules or regulations as said convention may prescribe, not. in conflict with this Act. Sec. 25. That if a majority in each of said Territories at the election Meeting of convention at Santa Fe.aforesaid shall vote for joint statehood, and not otherwise, the delegates to the convention thus elected shall meet in the hall of the house of representatives of the Territory of New Mexico, in the city of Santa Fe therein, at twelve o’clock noon on Monday, December third, Date.nineteen hundred and six, but they shall not receive compensation for more than sixty days of service, and after organization shall declare Duties.on behalf of the people of said proposed State that they adopt the Constitution of the United States, whereupon the said convention shall be, and is hereby, authorized to form a constitution and State government for said proposed State.
The constitution shall be republican in Constitution.General principles.form, and make no distinction in civil or political rights on account of race or color, except as to Indians not taxed, and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. And said convention shall provide, by Provisions.ordinance irrevocable without the consent of the United States and the people of said State— First. That perfect toleration of religious sentiment shall be secured, Religious freedom.and that no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship: and that polygamous or plural marriages and the sale, barter, or giving of Polygamy and giving Indians liquor prohibited.Disclaimer of right to public and Indian lands.intoxicating liquors to Indians are forever prohibited.
Second. That the people inhabiting said proposed State do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands lying within the boundaries thereof and to all lands lying within said limits owned or held by any Indian or Indian tribes. except as hereinafter provided, and that until the title thereto shall have been extinguished by the United States the same shall be and remain subject to the disposition of the United States, and such Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States; that the lands and other Equality of taxation.property belonging to citizens of the United States residing without the said State shall never be taxed at a higher rate than the lands and 280other property belonging to residents thereof; that no taxes shall be imposed by the State on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved Taxing lands of Indians.for its use; but nothing herein, or in the ordinance herein provided for, shall preclude the said State from taxing, as other lands and other property are taxed, any lands and other property owned or held by any Indian who has severed his tribal relations and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any Act of Congress containing a provision exempting the lands thus granted from taxation, but said ordinance shall provide that all such lands shall be exempt from taxation by said State so long and to such extent as such Act of Congress may prescribe.
Third. Assuming debts of the Territories. That the debts and liabilities of said Territory of Arizona and of said Territory of New Mexico shall be assumed and paid by said State, and that said State shall be subrogated to all the rights of indemnity and reimbursement which either of said Territories now has. Fourth. Provision for public schools. That provision shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of said State and free from sectarian control; and that *Proviso.*Languages.said schools shall always be conducted in English: *Provided*, That nothing in this Act shall preclude the teaching of other languages in said public schools.
Fifth. Right of suffrage. That said State shall never enact any law restricting or abridging the right of suffrage on account of race, color, or previous Knowledge of English by officials.condition of servitude, and that ability to read, write, and speak the English language sufficiently well to conduct the duties of the office without the aid of an interpreter shall be a necessary qualification for all State officers. Sixth. Capital at Santa Fe till 1915. That the capital of said State shall temporarily be at the city of Santa Fe, in the present Territory of New Mexico, and shall not be changed therefrom previous to anno Domini nineteen hundred and fifteen, but the permanent location of said capital may, after said year, be fixed by the electors of said State, voting at au election to be provided for by the legislature.
Submission of constitution to the people. Sec. 26. That in case a constitution and State government shall be formed in compliance with the provisions of this Act, the convention forming the same shall provide by ordinance for submitting said constitution to the people of said proposed State for its ratification or Time of election.rejection, at an election to be held at a time fixed in said ordinance, which shall be not less than sixty days nor more than ninety days from the adjournment of the convention, at which election the qualified voters of said proposed State shall vote directly for or against the proposed constitution and for or against any provisions Canvass of returns.thereof separately submitted.
The returns of said election shall be made by the election officers direct to the secretary of the Territory of New Mexico at Santa Fe; who. with the governors and chief justices of said Territories, or any four of them, shall meet at said city of Santa Fe on the third Monday after said election and shall canvass Certifying result if ratified.the same; and if a majority of the legal votes cast on that question shall be for the constitution the said canvassing board shall certify the result to the President of the United States, together with the statement of the votes cast thereon, and upon separate articles or propositions, and a copy of said constitution, articles, propositions, and ordinances.
Proclamation by the President.And if the constitution and government of said proposed State are republican in form, and if the provisions in this Act have been complied with in the formation thereof, it shall be the duty of the President of the United States, within twenty days from the receipt of the certificate of the result of said election and the statement of the 281votes cast thereon and a copy of said constitution, articles, propositions, and ordinances from said board, to issue his proclamation announcing the result of said election, and thereupon the proposed Admission as State.State shall be deemed admitted by Congress into the Union, under and by virtue of this Act, under the name of Arizona, on an equal footing with the original States, from and after the date of said proclamation.
The original of said constitution, articles, propositions, and ordinances, Deposit of constitution, etc.and the election returns, and a copy of the statement of the votes cast at said election shall be forwarded and turned over by the secretary of the Territory of New Mexico to the State authorities. Sec. 27. That until the next general census, or until otherwise provided Two Representatives authorized.by law, said State shall be entitled to two Representatives in the House of Representatives of the United States, which Representatives, Election of Representatives and State officers when constitution is voted on.together with the governor and other officers provided for in said constitution, and also all other State and county officers, shall be elected on the same day of the election for the adoption of the constitution; and until said State officers are elected and qualified under the provisions Present officers.of the constitution, and the State is admitted into the Union, the Territorial officers of said Territories, respectively, including delegates to Congress, shall continue to discharge the duties of their respective offices in said Territories until their successors are duly elected and qualified.
Sec. 28. That upon the admission of said State into the Union there Grants of school lands.is hereby granted unto it. including the sections thereof heretofore granted, four sections of public land in each township in the proposed State for the support of free public nonsectarian common schools, to wit: Sections numbered thirteen, sixteen, thirty-three, and thirty-six, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any Act of Congress other lands equivalent thereto, in legal subdivisions of not less than one quarter section and as contiguous as may be to the section in lieu of which the same is taken; such indemnity lands to be selected within said respective portions of said State in the manner provided in this Act: *Provided*, That the thirteenth, sixteenth, thirty-third, *Provisos*.Lands excluded from selection.and thirty-sixth sections embraced in permanent reservations for national purposes shall not at any time be subject to the grants nor to the indemnity provisions of this Act, but other lands equivalent thereto may be selected for such school purposes in lieu thereof; nor shall any lands embraced in Indian, military, or other reservations of any character be subject to the grants of this Act, but such reservation lands shall be subject to the indemnity provisions of this Act: *Provided*, That nothing in this Act contained shall repeal or affect any Act Preservation of Casa Grande Ruin, etc.of Congress relating to the Casa Grande Ruin as now defined or as may be hereafter defined or extended, or the power of the United States over it, or any other lands embraced in the State hereafter set aside by Congress as a national park, game preserve, or for the preservation of objects of archaeological or ethnological interest: and nothing contained in this Act shall interfere with the rights and ownership of the United States in any land hereafter set aside by Congress as national park, game preserve, or other reservation, or in the said Casa Grande Ruin as it now is or may be hereafter defined or extended by law, but exclusive legislation, in all cases whatsoever, shall be exercised by the United States, which shall have exclusive control and jurisdiction over the same; but nothing in this proviso contained shall be construed to Service of process.prevent the service within said Casa Grande Ruin, or national parks, game preserves, and other reservations hereafter established by law, of civil and criminal processes lawfully issued by the authority of said State; and said lands shall not be subject at any time to the school grants of this Act that may be embraced within the metes and bounds 282of the national park, game preserve, and other reservation, or the said Selection of other lands.Casa Grande Ruin, as now defined or may be hereafter defined; but other lands equivalent thereto may be selected for such school purposes hereinbefore provided in lieu thereof.
Grants for buildings and payment of bonds. Sec. 29. That three hundred sections of the unappropriated nonmineral public lands within said State, to be selected and located in legal subdivisions, as provided in this Act, are hereby granted to said State for the purpose of erecting legislative, executive, and judicial public buildings in the same, and for the payment of the bonds heretofore or hereafter issued therefor. University lands vested in State.Vol. 21, p. 326. Sec. 30.
That the lands granted to the Territory of Arizona by the Act of February eighteenth, eighteen hundred and eighty-one, entitled “An Act to grant lands to Dakota, Montana, Arizona, Idaho, and Wyoming for university purposes,” are hereby vested in the proposed State to the extent of the full quantity of seventy-five sections, and any portion of said lands that may not have been selected by said Territory Additional grant.of Arizona may be selected by the said State. In addition to the foregoing, and in addition to all lands heretofore granted for such purpose, there shall be, and hereby is, granted to said State, to take effect when the same is admitted to the Union, three hundred sections of land, to be selected from the public domain within said State in the same manner as provided in this Act, and the proceeds of all such lands shall constitute a permanent fund, to be safely invested and held by said State, and the income thereof be used exclusively for university purposes.
The schools, colleges, and universities provided for in this Act shall forever remain under the exclusive control of the said State, Sectarian institutions excluded.and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college, or university. Territorial grants confirmed to State. Sec. 31. That nothing in this Act shall be so construed, except where the same is so specifically stated, as to repeal any grant of land heretofore made by any Act of Congress to either of said Territories, but such grants are hereby ratified and confirmed in and to said State, and all of the land that may not, at the time of the admission of said State into the Union, have been selected and segregated from the public domain, may be so selected and segregated in the manner provided in this Act.
Use of 5 per cent fund for common schools. Sec. 32. That five per centum of the proceeds of the sales of public lauds lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State. Appropriation for common schools.And there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of five million dollars for the use and benefit of the common schools of said State.
Said appropriation shall be paid by the Treasurer of the United States at such time and to such person or persons as may be authorized by said State to receive the same under laws to be enacted by said State, and until said State Investment of fund.shall enact such laws said appropriation shall not be paid. Said appropriation of five million dollars shall be held inviolable and invested by said State, in trust, for the use and benefit of said schools. Disposal of educational lands.
Sec. 33. That all lands herein granted for educational purposes may be appraised and disposed of only at public sale, the proceeds to constitute a permanent school fund, the income from which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislature shall prescribe, be leased for periods of not more, than ten years, and such common school land shall not be subject to preemption, homestead entry, or any other entry under the 283land laws of the United States, whether surveyed or unsurveyed. but shall be reserved for school purposes only.
Sec. 34. That in lieu of the the grant of land for purposes of Lands in lieu of internal improvements, and swamp-land grants.Vol. 5. p. 455.Vol. 9, p. 519.internal improvement made to new States by the eighth section of the Act of September fourth, eighteen hundred and forty-one, which section is hereby repealed as to the proposed State, and in lieu of any claim or demand by the said State under the Act of September twenty-eighth, eighteen hundred and fifty, and section twenty-four hundred R.
S., sec. 2479, p. 453.and seventy-nine of the Revised Statutes, making a grant of swamp and overflowed lands to certain States, which grant it is hereby declared is not extended to the said State, and in lieu of any grant of saline lands to said State, save as heretofore made, the following grants of Allotment.land from public lands of the United States within said State are hereby made, to wit: For the establishment and maintenance and support of insane asylums Insane asylum.Penitentaries.Deaf, etc., schools.Miners’ hospitals.Normal schools.Charitable, etc., institutions.Agricultural, etc., colleges.*Proviso.*Annual appropriation continued.in the said State, two hundred thousand acres; for penitentiaries, two hundred thousand acres; for schools for the deaf, dumb, and the blind, two hundred thousand acres; for miners’ hospitals for disabled miners, one hundred thousand acres; for normal schools, two hundred thousand acres; for State charitable, penal, and reformatory institutions, two hundred thousand acres; for agricultural and mechanical colleges, three hundred thousand acres: *Provided*, That the two national appropriations heretofore annually paid to the two agricultural and mechanical colleges of said Territories, respectively, shall, until the further order of Congress, continue to be paid to said State for the use of said respective institutions; for schools of mines, two Schools of mines.Military institutes.hundred thousand acres; for military institutes, two hundred thousand acres.
Sec. 35. That all lands granted in quantity or as indemnity by Commission to select granted lands.this Act shall be selected, under the direction of the Secretary of the Interior, from the unappropriated public lands of the United States within the limits of the said State, by a commission composed of the governor, surveyor-general, and attorney-general of said State; and no fees shall be charged for passing the title to the same or for the preliminary proceedings thereof. Sec. 36.
That all mineral lands shall be exempted from the grants Mineral lands exempted from grants.made by this Act; but if any portion thereof shall be found by the Department of the Interior to be mineral lands, said State, by the commission provided for in section thirty-five hereof, under the direction of the Secretary of the Interior, is hereby authorized and empowered Indemnity selections.to select, in legal subdivisions, an equal quantity of other unappropriated lands in said State in lieu thereof.
Sec. 37. That the said State, when admitted as aforesaid, shall constitute Two Judicial districts created.two judicial districts, to be named, respectively, the eastern and western districts of Arizona, the boundaries of said districts to be Boundaries.Courts.the same as the boundaries of said Territories, respectively, and the circuit and district court of said districts shall be held, respectively, at Albuquerque and Phoenix for the time being, and the said districts Attached to ninth circuit.shall, for judicial purposes, until otherwise provided, be attached to the ninth judicial circuit.
There shall be appointed for each of said Judges, attorneys, and marshals.districts one district judge, one United States attorney, and one United States marshal. The judge of each of said districts shall receive a yearly salary the same as other similar judges of the. United States, payable as provided for by law, and shall reside in the district to which he is appointed. There shall be appointed clerks of said courts, who Clerks.shall keep their offices at said Albuquerque and Phoenix in said State.
The regular terms of said courts shall be held in said districts, at the Terms.places aforesaid, on the first Monday in April and the first Monday in November of each year, and one grand jury shall be summoned in each 284Jurisdiction of courts and officials.year in each of said circuit and district courts. The circuit and district courts for said districts. and the judges thereof, respectively, shall possess the same powers and jurisdiction and perform the same duties required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations.
The marshal, district attorney, and clerks of the circuit and district courts of said districts, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation now allowed by law to officers performing similar services for the United States in the Territories of Arizona and New Mexico, respectively.
Determination of pending appeals and writs of error. Sec. 38. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the United States upon any record from the supreme court of either of said Territories, or that may hereafter lawfully be prosecuted upon any record from said courts, may be heard and determined by said Supreme Court of the United States. And the mandate of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district courts, respectively, hereby established within the said State or to the supreme court of such State, as the nature of Succession of courts.the case may require.
And the circuit, district, and State courts herein named shall, respectively, be the successors of the supreme courts of the said Territories as to all such cases arising within the limits of embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same and award mesne or final Appeals, etc., in pending cases.process therein; and that from all judgments and decrees of the supreme courts of the said Territories mentioned in this Act, in any case arising within the limits of the proposed State prior to admission, the parties to such judgment shall have the same right to prosecute appeals and writs of error to the Supreme Court of the United States or to the circuit court of appeals as they shall have had by law prior to the admission of said State into the Union.
Transfer of pending Federal cases. Sec. 39. That in respect to all cases, proceedings, and matters now pending in the supreme or district courts of the said Territories at the time of the admission into the Union of the said State, and arising within the limits of such State, whereof the circuit or district courts by this Act established might have had jurisdiction under the laws of the United States had such courts existed at the time of the commencement of such cases, the said circuit and district courts, respectively, shall be the successors of said supreme and district courts of said Territories, Other cases.respectively; and in respect to all other cases, proceedings, and matters pending in the supreme or district courts of the said Territories at the time of the admission of such Territories into the Union, arising within the limits of said State, the courts established by such State shall, respectively, be the successors of said supreme and district Territorial courts; and all the tiles, records, indictments, and proceedings relating to any such cases shall be transferred to such circuit, district, and State courts, respectively, and the same shall Pending proceedings not abated.be proceeded with therein in due course of law; but no writ, action, indictment, cause, or proceeding now pending, or that prior to the admission of the State shall be pending, in any Territorial court in said Territories shall abate by the admission of such State into the.
Union, but the same shall be transferred and proceeded with in the proper United States circuit, district, or State court, as the case may *Proviso*.Limit of transfers to Federal courts.be: *Provided, however*, That in all civil actions, causes, and proceedings in which the United States is not a party transfers shall not be 285made to the circuit and district courts of the United States except upon cause shown by written request of one of the parties to such action or proceeding filed in the proper court; and in the absence of such request such cases shall be proceeded with in the proper State courts.
Sec. 40. That the constitutional convention shall by ordinance provide Election of full State officers.for the election of officers for a full State government, including members of the legislature and two Representatives in Congress, at the time for the election for the ratification or rejection of the constitution; one of which Representatives shall be chosen from a Congressional Congressional districts.district comprised of the present Territory of Arizona, to be known as the First Congressional district, and the other from a Congressional district comprised of the remainder of said State, to be known as the Second Congressional district; but the said State government State government in abeyance till admission.Legislature to assemble if constitution ratified.shall remain in abeyance until the State shall be admitted into the Union as proposed by this Act.
In case the constitution of said State shall be ratified by a majority of the qualified voters of said Territories voting at the election held therefor as hereinbefore provided, but not otherwise, the legislature thereof may assemble at Santa Fe, organize, and elect two Senators of the United States in the Election of Senators.Certifying election of Senators and Representatives.manner now prescribed by the laws of the United States: and the governor and secretary of state of the proposed State shall certify the election of the Senators and Representatives in the. manner required by law, and when such State is admitted into the Union, as provided in this Act, the Senators and Representatives shall be entitled to be admitted to seats in Congress and to all rights and privileges of Senators and Representatives of other States in the Congress of the United States; and the officers of the State government formed in pursuance Operation of State government.Territorial laws to remain in force.of said constitution, as provided by the constitutional convention, shall proceed to exercise all the functions of State officers; and all laws of said Territories in force at the time of their admission into the Union shall be in force in the respective portions of said State until changed by the legislature of said State, except as modified or changed by this Act or by the constitution of the State; and the laws of the United United States laws.States shall have the same force and effect within the said States as elsewhere within the United States.
Sec. 41. That the sum of one hundred and fifty thousand dollars, or Appropriation for election and convention expenses.so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for defraying all and every kind and character of expense incident to the elections and conventions provided for in this Act; that is, the payment of the expenses of holding the election for members of the constitutional convention and the submission of the question of joint statehood and the election for the ratification of the constitution, at the same rates that are paid for similar services under the Territorial laws, respectively, and for the payment of the mileage for and salaries of members of the constitutional convention at the same rates that are paid the said Territorial legislatures under national law, and for the payment of all proper and necessary expenses, officers, clerks, and messengers thereof, and printing and other expenses incident thereto: *Provided*, That any *Proviso.*Excess to be paid by State.Expenditures.expense incurred in excess of said sum of one hundred and fifty thousand dollars shall be paid by said State.
The said money shall be expended under the direction of the Secretary of the Interior, and shall be forwarded, to be locally expended in the present Territory of Arizona and in the present Territory of New Mexico, through the respective secretaries of said Territories, as may be necessary and proper, in the discretion of the Secretary of the Interior, in order to carry out the full intent and meaning of this Act. Approved, June 16, 1906.
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.