MR. CHIEF JUSTICE FULLER delivered the opinion of the court.
Section 39 of the act of May 2, 1890, 26 Stat. 98, c. 182, provided:
"That the United States court in the Indian Territory shall have all the powers of the United States Circuit Courts or Circuit Court judges to appoint commissioners within said Indian Territory, who shall be learned in the law, and shall be known as United States commissioners; but not exceeding three commissioners shall be appointed...
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