Page:United States Statutes at Large Volume 29.djvu/536

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506 FIFTY-FOURTH CONGRESS. Sess. II. Cris. 108,109. 1897. bridge, or to charge or collect toll tees for traveling over said wagonroad approaches. Condition of Moor- Sec. 9. That said Muskogee, Oklahoma and Western Railroad Com- °“"°°‘ pany shall accept this right of way upon the express condition, binding upon itself, its successors and assigns, that they will neither aid, advise, ` nor assist in any effort looking toward the changing or extinguishing of the present tenure of the Indians in their lands, and will not attempt to secure from the Indians or Indian nations and tribes any further grant of land or its occupancy than is hereinbefore provided for; and the acceptance of the provisions of this section shall be made by the proper authority of the company under the corporate seal before the rmqo. commencement of the construction of the road: Provided, That any F""°““’°‘ violation of the conditions of this section shall operate as a forfeiture of all rights granted by this Act. R¤·>ordofmorig¤goo· Sec. 10. That all mortgages executed by said railroad company conveying any portion of its railroad that may be constructed in said Indian Territory shall be recorded in the office of the Secretary of the Interior and also in the office of the clerk of the United States district court for the Indian Territory having jurisdiction, and the record thereof shall be evidence and notice of their execution and shall convey all rights and property of said company therein expressed. Assignment forbid- Sec. 11. That the right of way herein and hereby granted shall not °°“‘ be assigned or transferred in any form whatever prior to the construction and completion of the road, except as to mortgage or other liens that may be given or secured thereon to aid in the construction thereof Amondmonmiw Sec. 12. That Congress may at any time amend, add to, alter, or repeal this Act. Received by the President, January 18, 1897. [Noam mz THE DEPARTMENT or STAT1:.—'1‘he tbregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] January ::0, 1897. CHAP. 109.-An Act To prohibit the sale of intoxicating drinks to Indians, pro- 1 ’ *—·""‘_ viding penalties therefor, and for other purposes. Be it enacted by the Senate and House of Ifepresentatires of the United £{_*{;i°g:é of inmi States ofzlmerica in Congress assembled, That any person who shall eating drinks m, pro sell, give away, dispose of', exchange, or barter any malt, spirituous, or

  • "Q;‘;f‘,_m_2,3,, 1km_ vinons liquor, includin g beer, ale,and wine, or any ardent or other intoxiamenuéd.eating liquor of any kind whatsoever, or any essence, extract, bitters,

preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian a ward of the Government under charge of any Indian superintendent or agent, or any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spirituous, or vinons liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable Po¤¤i¢y- by the allottee without the consent of the United States, shall be punished by imprisonment for not less than sixty days, and by a line of not less than one hundred dollars for the first offense and not less than iggfgénment for two hundred dollars for each oilense thereafter: I’ror·£ded however, ans, em. That the person convicted shall be committed until fine and costs are