Cherokee Advocate, Wednesday, May 21, 1890
To All Deputies
The act of Congress entitled “An act to organize the Territory of Oklahoma, to establish courts in the Indian Territory and for other purposes” has been signed by the President this date and is now a law. By it the United States Court for the Indian Territory is confined to the country occupied by the five civilized tribes, and for the purpose of holding terms of said Court, said Territory is divided into three divisions, to be known as the first second and third divisions. The first division consists of the country occupied by the Quapaw Indians, the Cherokee, and Creek countries, and the place of holding court will be at Muskogee.
The second division consists of the Choctaw country with the court located at South McAlester.
The third division consists of the Chickasaw and Seminole countries and the location of the court is at Ardmore.
These courts will now take cognizance of all offenses hereinafter mentioned committed from and after this date.
Under the late Act we are entitled to a grand jury enabling us to handle larceny cases under Section 5356 R.S., and persons violating this section will be indicted and tried by this court.
The new Act enlarges the jurisdiction of this court and extends the laws of the State of Arkansas over the citizens of the United States living in the Indian Territory.
The Indian courts retain exclusive jurisdiction in all civil and criminal cases arising in the country in which members of the nation by nativity or by adoption are the only parties, but a member of one tribe or nation who may commit an offense or crime against the person or property of another tribe or nation shall be punished by courts in the Indian Territory the same as though they were citizens of the United States. The following additional offenses are returnable and triable by the courts in the Territory:
Felonies and indictable offenses – Larceny, Forgery other than against the United States, Seduction, Criminal Abortion, Kidnapping, Embezzlement, False Pretenses and Frauds, Malicious Mischief, Trespass and Injury to Property, Removing Property Mortgaged or Subject to Lien, Crimes against Justice e.g. Bribing Jurors, etc., Escape and Rescue, Obstructing Highways, Injuring Bridges, etc.
Concurrent jurisdiction is given the U.S. Courts of the Western District of Arkansas and the Eastern District of Texas to violations of the provisions of the following Federal Statute: “Every person who sells, exchanges, gives, barters, or disposes of any spirituous liquors or wine to any Indian under the charge of any Indian Superintendent or agent, or introduces or attempts to introduce any spirituous liquor or wine into the Indian Country, shall be punishable by imprisonment for not more than two years and by a fine of not more than three hundred dollars.”
Misdemeanors – Carrying on Lotteries or selling Lottery Tickets, Assault and Battery, Abduction, Enticing Females into Houses of Ill Fame, False Imprisonment, Taking or Injuring Stock by Drovers, Bribing and Embracery, Battery, Dueling and Challenges, Rion[sic/Riot?], Affrays, and Disturbing Public Peace.
Libel and Slander, Divulging Contents of Telegrams, Gaming and Keno, Offenses by Tavern and Grocery Keepers, Driving Stock from Usual Range, Horse Racing, Vagrants, Profanity, Sabbath Breaking, Obscenity, Violating the Grave, Carrying Weapons, Enticing Minors from Parents or guardians, Unlawful Sale of Cotton, Taking or Destroying Fish, Offenses by Traders, Cruelty to Animals, Acts Injurious to Public Health and Morals.
Deputies will proceed to work without delay and the Commissioners will commit to the Muskogee Jail in default of bail.
No prosecutions will be instituted for injuries to animal property unless complaint of the owner of the animal killed or injured.
The concurrence of the church people interrupted and the testimony of three witnesses must be obtained before complaints are filed [for] disturbances of religious worship.
Deputies are expected to have the warrant in hand before making an arrest and they lay themselves liable to prosecution when they swear out a warrant based, upon rumor or hearsay. If deputies be witnesses to the introduction of liquor they may arrest without a warrant.
Any person for whose arrest a warrant has been issued may be arrested wherever found in the Indian Territory, but must be taken for preliminary examination before the Commissioner in the Judicial District whose office or place of business is nearest by route usually travelled to the place where the offense or crime was committed.
T.B. Needles
U.S. Marshal