The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1889-03-22

Dakota, as the nature Of the cmse may ie.
0uire. And each Of tho circuit, district,
and state courts. herein named shall, re.
spectively, be the successor oi tho supreme
court OF the territory. as to nll such ca ses
arising within tho limits embraced within
the jurisdiction OF such courts respectively
with full power to proceed with the sn,ne,
and award lreane or final process therein;
and that from oil judgments and degrees
OF the supreme court OF either ot the terri.
t"rics mentioned in this act. in any case
arising within the limits OF any uf the pro.
posed states prior to admission, the par.
ties to such judgment shall havo the Same
right to prosecute appeals and writs Of err.
ror to the supreme court OF tho United
TO the admission Of said state into the
union.
Sec. 90. That In respect to all CASES,
proceedings, and matters now pending
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 in this
act, and arising within tile limits of any
such state, whereof the circuit or district
courts by ths act established might have
had Jurisdiction under the la&s Of tho Uni.
ted States had such courts existed at the
time oi the commencement Of such cases,
the said circuit and district courts. respec
lively, shall bs tho successors OF eaid su.
pren.e and district courts oi said territory; !;
and In respect to oil other cases; procesd.
ings and matters pending in tbs supreme
or district courts of any OF the terrific.
ries mentioned In this net at the time
of the admission OF such territory
into the union. arising within the limits
OF said proposed state. the courts estnb.
lisl,ed by such state shall, respectively. be
the successors ofsnid supreme and dist rlct
territorial courts; and all the files, records,
indictments. and proceedings relating to
such cases, shall bc transferred to such cir
cult, district. and state courts, respective.
~, and the Same shall be proceeded With
therein i'll duo course OF law; but no writ,
action, indictment, cause or proceeding
now pending, or that prior to tli. admis.
sion 0i any OF the states mentioned in
this act, shall he peudine in uny tcrritori
al court in any OF the territores men.
tione.l in this act, shall nbate by the
admission oil any such state into tho
union, but the same shall he transferred
and proceeded With in the proper United
States circuit, dist rict or state court ns
tho case may be; Provided, however, that
in all civil actions, causes and proceedings,
in which the United States il not a party,
transfers shall not he made to the circuit
and district courts of tho United States ex.
cept upon written requests oi One OF the
parties to such action or proceeding filed
in the proper court and in the absence of
such request, such cases shall be proceeded
with in the proper state courts.
Sec. "a. That the constitutional con.
ventions may. hy ordinance, provide 10.
the election Of officers for full atate govern.
ments. including members Of the lcvinla
tures and representatives, in the Fifty.tirst
congress- but said state governments shall
reuain in q Devance until thp statca ahn n
be admitted into the union. respectively,
as provided in this act. In case tho con.
stitntion OF any said proposed states shall
he ratified lv the people, but rot other.
wise, lie legislature thereof may assent Q.
organize, aud elect two senators of the
United States and the governor aud secre.
tary OF state OF such proposed state shall
certify the electien nf tho senators and
representatives M required by Law: and
when such state ia admitted into the union
the senators and representatives snail
lie entitled to he admitted to scnis in
congress. and 20 all tie rights and privi.
leges of senators and representatives 0i
other states in the congress ot tile United
States; and the officers OF the state gov
crnments formed in pursuance OF snid con
siitmtions. az provided by the cOnstitu.
tional conventions, shall proceed to cyer.
chc all the func, ions OF such state officers.
and all laws in force made by said terri.
tories, Mt the time Of their admission into
except as modified or changed by this net
or by the constitutions of the states. re-.
spectively.
Sec. 20. That ali acts or parts OF acts
in conflict with the provisions OF this net,
whether passed by the legislatures OF said
territories or bv congress, are hereby re-.
Oculcl.