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Opening and Counting Election Returns, etc.

79

RULE 2. The order of count shall be as follows, to wit: 1. All returns which are in due form, with proper certificates thereto, and to which no well founded objections shall be made, shall be counted first.

2. All returns to which objections may have been raised on account of not having been in due form, or proper certificates attached thereto, or voting under age, or when noncitizens may have voted, or for other well founded causes, shall next be taken up, examined and determined upon.

3. Where it is shown that any persons voted by proxy, or voted when not residing within the limits of the Muskogee Nation, such votes shall not be counted.

4. Where there is established well founded proof of corruption or intimidation at the polls, such returns shall be rejected. 5. Where returns may be informal, and it can be clearly shown that the intention of all the voters was to conform to the provisions of the law, such returns shall be counted.

6. Where testimony on any return presented by the members of the House of Kings and the members of the House of Warriors, to which objections have been raised, said testimony of either members shall have equal weight.

7.

All votes found on the returns that shall be proven to have been inserted at places other than the appointed precincts, and where it is proven that persons voted at more than one precinct, such votes shall be stricken out.

Where names have been enrolled without the presence of the persons enrolled, such names shall be rejected.

8.

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235. 236.

Attendance of witnesses.

Presiding officer in trials of impeachment.

SECTION 230. When charges of high crimes or misdemeanors are to be preferred against an officer of this Nation, such charges shall be preferred before the House of Warriors, and that House shall vote as to whether articles of impeachment shall be filed.

SEC. 231. If two-thirds of the members voting, vote for impeachment, then the House shall appoint a committee of seven, composed of its own members, which committee shall prepare the articles and submit the same to the House.

SEC. 232. If the articles as submitted by the committee are agreed upon, then the House shall select a committee of seven of its own members, who shall constitute a Board of Managers, and shall conduct the trial of the accused before the House of Kings.

SEC. 233. When articles of impeachment shall have been filed against an officer of the Muskogee Nation, the accused shall be furnished with a copy of the articles, and shall be given timely notice of the trial, so that he may be enabled to make preparation for the same.

SEC. 234. All articles of impeachment which shall arise in the House of Warriors, shall be decided in the House of Kings, and the members of the House of Kings, before proceeding to trial, shall be sworn by one of the Judges of the Supreme Court, to decide the case before them according

to the testimony, the principles of justice, and without prejudice.

SEC. 235. The House of Kings, while acting as judges on a trial of impeachment, shall have authority to cite before them and compel the attendance of any citizen of the Muskogee Nation whose testimony they may desire; and they are hereby authorized to use any means which may be necessary in order to arrive at all the facts in the case.

SEC. 236. In all trials of impeachment, the President of the House of Kings shall preside and conduct the proceedings of the same.

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SECTION 237. The officers hereinafter named shall before entering upon the duties of their respective offices, file bonds in the penal sums and with security hereinafter specified, to be approved by the Principal Chief:

......

5,000.00
1,000.00
1,000.00

The National Treasurer in the sum of........... $80,000.00 The License Tax Collector in the sum of...... The Prosecuting Attornies in the sum of The Captains of Light Horse in the sum of... SEC. 238. Every officer filing a bond shall have not less than two sureties.

SEC. 239. Every person signing a bond as surety shall make a written list of his property which shall be free from exemption, liens, mortgages or encumbrances of any kind whatsoever; such list shall specifically state the description of the property, and if stock animals, the kinds and number thereof and where located, and the market cash value of the same shall be stated as near as can be ascertained; and from the gross total value thereof shall be deducted the amount of signer's debts, if any. The person signing as surety shall make oath to the correctness of the list of the property before a court or person authorized by law to administer oaths, and said list, schedule or statement duly verified as required by this section, shall be attached to the bond and be made a part thereof.

SEC. 240. No bond as herein required shall be accepted

by the Principal Chief unless the total actual pecuniary worth of the sureties signing as such shall amount to the full sum named in the bond.

SEC. 241. The Principal Chief shall require additional security to be given when the first security is impaired by reason of the failure or diminished pecuniary responsibility of any person on the bond of any officer.

SEC. 242. If any bonded officer shall fail to make an accounting as required by law, or shall be in default to the Nation in any sum of money, the Principal Chief shall declare such officer's bond forfeited, and such declaration by the Chief shall have the force and effect of a lien upon all the property of the said bonded officer and upon all the property of his sureties until the money or property due the Nation from such officer shall be paid to the Principal Chief for the use and benefit of the Muskogee Nation.

SEC. 243. Whenever any officer's bond shall be declared forfeited, the Principal Chief shall, in the name of the Muskogee Nation, forthwith cause suit at law to be instituted before the Supreme Court against all the parties making said bond for the purpose of recovering the sum or sums of money or property found to be due, owing or belonging to the Nation.

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