St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-01-26


territory, prior to their admission as
state, the parties to such Judgments
shall have the same right to prOsecute
appeals and wrltS of error to the SUI
preme court of the United States as
they had by law prior to the admission
Of said state into the Union.
Sec. 20. That the convention herein
provided for shall have the power to
provide, by ordinance, 0Dr the transfer
of actions, eases, proceedings and mat
tiers pending i'll the supreme or district
courts of the territory of Dakota, at the
time of the admission of the state into
the Union, arising within said territory,
to such courts as shall be eStabli shed
under the constitution thus formed; and
no Indictment, action or proceeding
shall abate by reason of any change in
the courts, but shall be proceeded with
III the state courts according to the laws
thereof.
Sec. 81. That the sum of S25, 900, OF
so much thereof as may be necessary, is
hereby appropriated, out of any money
in the treasury not otherwise apprOpri-
ated, to said territory for defraying the 3,
expenses Of the said convention, and
for the payment of the members
thereof, under the same rules and regu-
ltionS and at the same rates as are now
provided by law for the payne mt of the
territorial legislature; Provided, That
any money hereby appropriated not
necessary for such purposes shall be
covered into the treasury of the United
States,
See 22 That the State of Dakota
shall constitute two judicial districts,
which shall be called the first and sec
ond districts of Dakota, and the circuit
courts therefor shall be held at the cap
ital of said state for the time being.
The induaS pf said District cnurtS shall
receive yearly salary of 5000, payable
in four equal installmentS, on the first
days of January, April, July and Oct
ODER of each year, and each shall
reside in his district. There shall be
appointed clerks of said courts, who
shall keep their offices at the places here
in named, where said courts are to be
held. There shall be appointed for said
districts two district Judges, two United
States attorneys, and two United States
marShalS. That the first district shall
consist of that part of the State of DakO-
ia herein named as the Second congress
Sional district, and the district court
shall be held in the city of Mitchell,
Davidson county. The second district
shall consist of that part of the State of
Dakota herein described as the First
congressional district. and the district
court shall be held in the city of Fargo,
CaSS county. The regular terms of said ]
courts shall be held at the places afore-
said on the first Monday in April
and the first Monday in November in
each year. For judicial purposes the
two districts of Dakota shall be attached
to the eighth judicial circuit, and only
one grand jury and one petit jury shall
be summoned in both of said courts.
Sec. %. That the circuit and district
courts for the districts of Dakota, and
the judges thereof, respectively, shall
possess the same powers and juriSdic-
ton and perform the same duties DOS
SeSSed and required to be performed by
the other circuit and district courts and
judges of the United States, and shall
be governed by the same laws and reg
ulatlOnS.
Sec. "a. That the marshal, district
attorney and clerks of the circuit and
district courts of the said district of Da-
kOta, and all other officers and other
persons performing duty in the admin
istratiOn of justice therein, shall sever
ally possess the powers and perform the
duties lawfully possessed and required
to be performed by similar officers in
shall, for the services they may per-
form, receive the fees and compensation
allowed by law in the state of Nebraska
to other similar officers and persons per-
forming similar duties.
Sec. rs. That in respect to all cases,
proceedings and matters pending in the
supreme or district court of the Terri
tory of Dakota at the time of the admiS-
sion of the said state into the Union,
whereof the circuit or district courts by
this act established might have had iur-
iSdiction under the laws OF the United
States had such courts. existed at the
time of the commencement of such
cases, the said circuit and district courts,
respectively, shall be the successors of
said supreme and district courts of said
territory; provided, however, that in all
civil actions, causes and proceedings in
which the United States is not Il party,
such transfers shall not be made except
upon the written request of one OF the
parties to such action or proceeding filed
in the proper court.
Sec. 26.-That the constitutional con-
ventiOn may, by ordinance, provide for
the election of full state government,
including members of the legislatures
and representatives in congress; but
said state government shall remain in
allegiance until the constitution framed
by said convention shall have been ap-
proved by congress. In case the con-
stitution of said proposed state shall be
ratified by the peOple, but not other
assemble, organize and elect two sena-
tors of the United States; aid the gov
ernor and secretary OF state of said pro-
posed state shall certify the election to
congress; and when the constitution so
framed is approved by congress, and
such state admitted into the Union by
special act of congress thereof, the SEN
atOrS and representatives shall be adj
mitted to seats in congress, and to all
the rights and privileges of senators and
representatives of other states in the
congress of the United States; and the
| state government formed in pursuance
of said constitution, as provided by the
constitutional convention, shall proceed
to exercise all the functions of state Off
GERS; and all laws in force made by
said territories, at the time of their
admission Into the Union. shall be in
force in said state.
Sec. 27.-That all acts or parts of acts
in conflict with the provisions of this
act, whether passed by the legislature
of said territory or by congress, are
hereby repealed.
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