Horsemen to any portion of his District, and when actually necessary to any portion of the Muskogee Nation. In cases

of actual need, he shall have the power of calling to his aid the police force of other districts. In cases of unavoidable expenses and liabilities which may be incurred by reason of confinement of prisoners by the Light Horsemen, board included, he shall issue court scrip for the same; but in no case shall there be paid a greater amount than one ($1.00) dollar per day for board of a single prisoner. He shall administer oaths to jurymen and witnesses, and shall swear in the members of his Light Horsemen. He shall sit as adjudicator of all points of law contested in his court. He shall receive an annual salary of four hundred ($400.00) dollars.

It shall be the duty of every Judge before whom a decision has been rendered to settle with the witnesses; and all jurors and witnesses in criminal cases shall be allowed mileage at the rate of 20 cents per mile each way.

SEC. 116. Any Judge found to have issued scrip in his own behalf as payment for services as Clerk, shall be subject to removal from office.

SEC. 117. No Judge shall be allowed to employ a noncitizen as Clerk of his Court, and for violation of this section he shall be subject to removal from office.

SEC. 118. No Judge of any of the Courts of this Nation shall be allowed to practice law in any of the Courts of this Nation during his official term, and the penalty for violation of this section shall be removal from office.

SEC. 119. Any Judge who shall fail to hold Court at the time prescribed by law, unless prevented by death or other circumstances beyond his control, or who shall willfully violate any other provision of this law, shall be guilty of a misdemeanor and be liable to impeachment and expulsion from office.

SEC. 120.

PROSECUTING ATTORNEY.

The Prosecuting Attorney of each District shall be nominated by the Principal Chief and confirmed by

50

Prosecuting Attorney Light Horsemen.

the National Council at the same session at which is elected the District Judge, and shall hold his office for the same term as that officer. He shall diligently examine into all cases of supposed violation of the laws of this Nation, and whenever he has reason to believe that a violation has been committed, he shall prosecute the same before the District Courts, and for each conviction he shall receive the sum of twenty-five ($25.00) dollars, and he shall receive such other fees as shall be provided for by law.

He shall also receive an annual salary of two hundred ($200.00) dollars.

SEC. 121. If any District Attorney shall have cognizance of a violation of the national laws, and shall fail to institute the proper legal proceedings, he shall be guilty of high crime, shall be suspended from office, and upon conviction be fined not less than fifty ($50.00) dollars and not more than one hundred ($100.00) dollars, at the discretion of the Court. The Judge of the District Court of which the attorney shall be so charged shall select a Prosecuting Attorney of any of the other Districts of the Nation, who shall prosecute the case before him, and upon conviction shall be allowed the compensation fixed by law for convictions. Should the charge not be sustained, the Prosecuting Attorney shall be considered in office the same as if he had not been suspended. Should the charge be sustained, judgment shall be rendered in the case, and the office shall be considered vacant, and shall be filled in the same manner by the Principal Chief as other vacancies are filled. All fines accruing under this provision shall be paid into the National Treasury.

LIGHT HORSEMEN.

SEC. 122. The Light Horse Company shall be the police force of the district. They shall be elected on the third Tuesday in September, every two years, and installed by the District Judge. They shall serve all summons, make arrests, collect fines, and act as general bailiffs of the Court. The Captains of Light Horsemen shall receive the sum of

Special Laws Relative to District Courts, Etc. 51

three hundred ($300.00) dollars per annum, and each of the privates shall receive the sum of two hundred and seventyfive ($275.00) dollars per annum, and they shall be allowed to appropriate to their own use all fines collected from persons violating the law prohibiting the keeping or introduction of intoxicating liquors, and such other fines as may be provided by law. But no citizen of this Nation shall be arrested at any election held in accordance with law, unless for breach of peace or violation of the law prohibiting the carrying of deadly weapons.

SEC, 123. The Light Horsemen shall collect all fines from any person who fails to obey a summons issued by the proper authority, and all fines thus collected shall be transmitted to the National Treasurer.

SEC. 124. Any Light Horseman guilty of disobeying a legal order from the Judge, either by neglect or willfully, shall be removed from office.

SPECIAL LAWS RELATIVE TO DISTRICT COURTS AND DISTRICT OFFICERS.

RELATED BY BLOOD.

SEC. 125. Any one accused of murder shall have a fair and impartial trial, and no one shall set on any case where he is related to either of the parties by blood or marriage, unless it is by consent of the parties.

SEC. 126. No Judge of any of the Courts of this Nation shall engage in the trial of any case, nor shall any Prosecuting Attorney engage in the prosecution of any cause, where either of the interested parties are blood relations of said Judge or Prosecuting Attorney within the third degree.

SEC. 127. When the Judge or Prosecuting Attorney are related as above mentioned to the parties or either of the parties interested, it shall be the duty of the Principal Chief to make pro tem appointments for said offices; said pro tem officers shall have administered to them by the regular officer the oath of office, and they shall only hold their pro tem

52 Special Appointment- Preliminary Examination.

appointments during the course of the trial for which they shall have been appointed.

SPECIAL APPOINTMENT.

SEC. 128. District Judges, District Attorneys, Light Horsemen and other persons acting under special appointment of the Principal Chief, are hereby required to make annual reports to the National Council of all national funds coming into their hands, showing for what accounts and periods same were paid.

SEC. 129. If any officer shall be guilty of a violation of this law, it shall be the duty of any other officer of the district to report the fact to the Chief, who, if he shall be satisfied of the justice of the complaints filed, shall make an official demand of the officer so offending to make full settlement with the National Treasurer within fifteen days after notice; and if he shall fail to make settlement within the time stated, then the Principal Chief shall instruct the Judge of any adjoining district to send his Light Horse Company against the offending officer, who shall take and sell at public auction any property belonging to such officer until a sufficient amount is realized to satisfy the claim of the Nation, which amount shall be turned into the National Treasury and a receipt taken therefor. Any officer so offending shall be suspended from office for the balance of the term for which he was elected.

PRELIMINARY EXAMINATION.

SEC. 130. Whenever the Prosecuting Attorney is seeking evidence upon which to base criminal prosecutions, he may have parties brought before the Judge of the District and there examine them under oath.

SEC. 131. If at such preliminary examinations any party shall have testified to certain facts, and shall at the regular trial so testify as to falsify the preliminary testimony, and such falsification shall be willful, then such party shall be

guilty of perjury, and, upon conviction, shall suffer the penalty prescribed for perjury.

SEC. 132. The witnesses appearing before the Judges under the provisions of this law, shall be paid by the Nation the same amount per diem and mileage as are paid witnesses appearing at regular criminal prosecutions.

REPORTING SECTION 2137 REVISED STATUTES, U. S.

SEC. 133. Prosecuting Attorneys and Light Horse Captains shall report all violations of section 2137, Revised Statutes of the United States, to the United States Indian Agent, and any person licensed to trade found guilty of violating said statute, shall forfeit the license and be reported for removal from the Muskogee Nation.

RESISTING OF OFFICERS.

SEC. 134. Any person who shall resist, abuse or injure any officer of this Nation while in the discharge of his official duties, shall, upon conviction, receive for each offense not less than twenty-five nor more than one hundred lashes upon the bare back, at the discretion of the Court.

SEC. 135.

CONFINEMENT OF PRISONERS.

Light Horsemen shall chain and keep prisoners under their charge in close confinement, and the Judges shall purchase the necessary chains, locks, shackles, etc., for that purpose, and issue scrip in payment for same.

ABUSE OF PRISONERS BY OFFICERS.

SEC. 136. Any officer who shall exceed his duty by abusing or injuring a citizen of this Nation shall, upon conviction, be removed from office and be compelled to pay the abused or injured party not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars, at the discretion of the Court.