Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1889-03-16

is 80 appropriated, $40, 600 each for
South Dakota and North Dakota, ard for
the payment OF the members thereof, I'M
der the same rules and regulations and at
the same rates as are now provided by
law for the payment OF the territorial leg
islatures. Any money hereby appronriat-
ed not necessary Tor such purpose shall be
covered into the treasury OF the United
States.
Sec. 81. That each OF said states, when
admitted as aforesaid, shall constitute one
judicial district, the names thereof to be
the same as the names OF the statea re-
spectively; and the circuit and district
courts therefore shall be held at the capi-
tai OF such state for the time being. and
each OF said districts shall, o rjudicial pur.
poses, until otherwise provided. be attach
ed to the Eighth judicial circuit, except
Washington and Montana. which shall be
attached to the Ninth judicial circuit,
There shall be appointed for each OF said
districts one district Judge. one United
States attorney, and one United States
marshal. The Judge OF each OF said dis.
tricts shall receive a yearly salary OF
{, $500, payable in fourequal installment..
on the first days OF January, April, July
and October OF each year, and shall reside
In the district. There shall be appointed
clerks OF said courts in each district. who
shall keep their offices at the ca pital OF said
state. The regular terms OF said courts shall
be held in each district. at the place afore-
said, on tine first Monday in April and the
first Monday in November OF each wear
and only one grand jury and one petit jury
shall be summoned in Doth said circuit
and district courts.
Sec. %. That all cases OF appeal ro
writ OF error heretofore prosecuted and
now pending in the supreme court Of the
United States upon any record from the
supreme court OF either OF the territories
mentioned In this act, or that may hereaf.
ter lawfully be prosecuted upon any record
from either Of said courts, may be heard
and determined by said supreme court OF
the United States. And the mandate ~
execution or OF further proceedings shall be
directed by the supreme court Of the United
states to the circuit or district court here
by established within the state succeeding
the territory from which record ia or NAV be
pending, or to the supreme court of such
state, as the nature OF the case NAV recuire.
Provided, That the mandate Of execution
or OF further proceedings shall, in cases
rising IN the territory OF Dakota, be direct.
ed by the supreme court of the United States
to the circuit or district court OF the distr
OF south Dakota, or to the supreme court
OF state OF South Dakota. or to the
circuit or district court Of the district
OF North Dakota, or to the supreme court
OF the state OF North Dakota. or TO the
supreme court OF the territory OF North
Dakota, as the nature Of the case nav re.
quire. And each of the circuit. district
and state courts. herein named. shall. re.
spectiVely, be the successor OF the supreme
court OF tho territory, as to all such cases
arising within the limits embraced within
the jurisdiction OIL such courts resDectiyelv
WIN iuli power to proceed with the same.
and award mesne or ina process therein.
ana that from all judgments and degrees
oil the supreme court OF either OF the terri.
tories mentioned In this act, in any case
arising within the limits OF any Of the uro.
posed states prior to admission, the par.
ties TO such judgment shall have the same
rlsht 10 prosecute appeals and writs OF or.
ror 10 the supreme court OF the United
states as they shall have had by law prior
TO the admission OF said state into the
union
sec. %. That in respect to all cases,
proceedings, and matters now pendinc
in the supreme or district courts OF either
OF the territories mentioned in this act at
the time OF the admission into the union
OF either OF the states mentioned i'm this
act, and arising within the limits of any
such state. whereof the circuit or district
courts by this act established might have
had jurisdiction under the laws OF the Uni
ted states had such courts existed at the
I'll vi EUtlI cases
the said circuit and district courts, resnec.
lively, shall be the successors OF said su.
pren.e and district courts OF said territory.
and in respect to oil other cases, proceed.
lngs ana matters pending in the supreme
or district courts OF any OF the terrific.
ries mentioned in this act at the timo
OF the admission OF such territory
into the union, arising within the limits
OF AID proposed state, the courts estab.
iished by such state shall, respectively. be
The successors ofsaid supreme and district
territorial courts; and all the files, records
indictments, and proceedings relating to
such cases, shall be transferred to such cir.
cunt, district. and state cour te, respective.
~, and the same shall be proceeded with
therein In due course OF law; but no writ.
action, Indictment, cause or proceeding
now pending, or hat prior to the admis.
sion OF any OF the states mentioned in
TINS act, shall be pending in any territori
al court In any OF the territories mon
toned in this act, shal abate bv the
admission OF any such state into the
union, but the same shall be transferred
ana proceeded with in the proper United
states circuit, district or state court ga
the case may be: Provided, however that
In all civil actions, causes and PROCEEDINGS
IN which the United States liz not n marty
transfers shall not be made to the circn,t
ana district courts OF tho United States ex.
cept upon written requests OF one Of the
parties to such action or proceeding fled
In the proper court; and in the absence of
sich request, such cases shall be proceeded
with in the proper state courts.
Sec. "a. That the constitutional con
yentlons may, by ordinance, provide for
the election OF officers for full state govern.
ments. including members OF the legisla.
lures and representatives in the Fifty.irst
congress-; but said state governments shall
remain IN allegiance until the states shall
be admitted into the union. resnect;veiv
as provided in this act. III case the con.
stitution OF any said proposed states shall
be ratified by the people, but not other
wise, the legislature thereof may assemble.
organize, and elect two senator's of the
united States and the governor and secre-
tary OF state OF such proposed state snail
certify the election OF the senators and
representatives as required by law: and
when such state is admitted into the union