The objection of want of jurisdiction over this appeal meets us on the threshold.
By the act of March 1, 1889, entitled 'An Act to Establish a United States Court in the Indian Territory, and for Other Purposes,' 25 Stat. at L. 783, chap. 333, a court was established with a single judge, whose jurisdiction extended over the Indian territory, and it was provided that two terms of said court should be held each year at Muscogee in that territory, and such special sessions as might be necessary for the despatch of business in said court at such time as the judge might deem expedient.
May 2, 1890, an act was passed 'To Provide a Temporary Government for the Territory of Oklahoma, to Enlarge the Jurisdiction of the United States Court in the Indian Territory, and for Other Purposes,' 26 Stat. at L. 81, 93, 94, chap. 182, §§ 29, 30, and 31, which defined the Indian territory; gave additional jurisdiction to the court in that territory as therein set forth; and, for the purpose of holding terms of the court, divided the territory into three specified divisions.
By § 5 of the judiciary act of March 3, 1891, chap. 517 (26 Stat. at L. 826), as amended, appeals or writs of error might be taken from the district and circuit courts directly to this court in cases in which the jurisdiction of the court was in issue; of conviction of a capital crime; involving the construction or application of the Constitution of the United States; and in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, was drawn in question.
By § 6 the circuit courts of appeals established by the act were invested with appellate jurisdiction in all other cases.
The 13th section read: 'Appeals and writs of error may be taken and prosecuted from the decisions of the United States court in the Indian territory to the Supreme Court of the United States, or to the circuit court of appeals in the eighth circuit, in the same manner and under the same regulations as from the circuit or district courts of the United States, under this act.'
March 1, 1895, an act was approved entitled 'An Act to Provide for the Appointment of Additional Judges of the United States Court in the Indian Territory.' 28 Stat. at L. 693, chap. 145. This act divided the Indian territory into three judicial districts, to be known as the northern, central, and southern districts, and provided for two additional judges for the court, one of whom should be judge of the northern district, and the other judge of the southern district, and that the judge then in office should be judge of the central district. The judges were clothed with all the authority, both in term time and in vacation, as to all matters and causes, both criminal and civil, that might be brought in said districts, and the same superintending control over commissioners' courts therein, the same authority in the judicial districts to issue writs of habeas corpus, etc., as by law vested in the judge of the United States court in the Indian territory, or in the circuit and district courts of the United States. The judge of each district was authorized and empowered to hold court in any other district, for the trial of any case which the judge of such other district was disqualified from trying, and whenever on account of sickness, or for any other reason, the judge of any district was unable to perform the duties of his office, it was provided that either of the other judges might act in his stead in term time or vacation. All laws theretofore enacted conferring jurisdiction upon the United States courts held in Arkansas, Kansas, and Texas, outside of the limits of the Indian territory, as defined by law, as to offenses committed within the territory, were repealed, and their jurisdiction conferred after September 1, 1896, on the 'United States court in the Indian territory.'