Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-01-27
A COURT OF APPEALS.
Bill for the Benefit of New Mexico, Arizon
and Oklahoma,

ny lJeitSdlt IeuIO Fef6d OF New Mex
leo:
A bill to establish "a court of appeals
for the territories of Arizona, New Mex
leo and Oklahoma.
Be it enacted by the senate and house
of representatives of the United States
of America in congress assembled, that
there shall be, and hereby is, created a
court to be known as the court of APP
peals of the territories of Arizona, New
Mexico and Oklahoma, which shall con
sist OF one chief justice and two asso-
ciate justices, one of WHOM shall be an
pointed, by and with the advice and
consent of the senate, from the resi-
dents of each of said territories, and
each of whom shall have been a bona
fide resident in the territory from which
he shall be appointed for a period of at
least two years before his appointment,
and shall hold office for the period of
four years, unless sooner removed.
Section 2. That the said justices
shall each receive an annual salary of
four thousand dollars, payable quarter
" out of the treasury of the
United States, and also in addition
thereto their actual necessary expenses
in travelling to and from the courts
which they are by this act required to
hold.
Sec. 3. That each of said justices,
before he enters upon the duties OF his
office, shall take the oath prescribed by
law to be taken by the judges of courts
of the United States.
Sec. 4. That there shall be a clerk
Of said court in each territory, to be APP
pointed by the court from among the
residents of the territory wherein he is
appointed. who shall reside at and keep
his office in the capital Of the said terri
tory wherein he shall be appointed.
Sec. 5. That the said clerks shall
each receive a salary Of one thousand
dollars per annum, payable quarterly
out of the treasury of the United States,
and shall give bond such as the court
may determine to be satisfactory for the
faithful discharge and performance of
their duties, respectively, and the duties
of each of said clerks shall be such as
the court may from time to time pre-
scribe. The court shall regulate from
time to time the fees to be charged by
each clerk, in conformity with the laws
| of the territory where such clerk may
| have his office, which fees shall be ac-
! counted for at least once each quarter,
| and all amounts in excess of two thou
sand dollars paid into the treasury of
| the United States.
Sec. g.. That the said court may APP
point a crier at each term held, at a
compensation Of four dollars per day
during the session of the court, and
a messenger at a compensation of
three dollars per day during the session
of the court, both payable out of the
treasury OF the United States, who shall
perform such duties as may be assigned
them by the court.
Sec. Z. That a term of said court of
| appeals shall be held at the capital of
tina Territory of Oklahoma on the first
| Monday in April of each year, continu-
ing for a period of three months, unless
| the business of said court shall be sooner
concluded; a term at Santa Fe, the cap.
| ital of the Territory of New Mexico,
| commencing the first Monday in August
of each year, continuing for a period of
three months, unless the business of said
| court shall be sooner concluded, and a
term for the Territory Of Arizona at the
capital of said territory, commencing on
the first Monday of November of each
year, and continuing fora period Of three
months, unless the business of said court
| shall be sooner concluded.
Sec. s. That the jurisdiction of said
court of appeals shall be the same now
authorized and conferred by the statutes
of the United States and those of the
! several territories. respectively, upon
the supreme courts In the territories,
respectively, and all causes now pending
before the supreme court Of any n OF
said territories, together with the orr
certified to, shall by proper orders duly
entered be transferred and delivered to
the court Of appeals hereby created,
which court of appeals is hereby vested
with authority and jurisdiction to hear
| and determine the causes so transferred.
The appellate power and jurisdiction OF
| the supreme courts of said territories,
and the justices thereof acting in aid of
such appellate power, is hereby abro'
gated and abolished, and no cases shall,
hereafter be heard in such supreme
courts.
Sec. 9. That appeals shall also be al.
lowed to said court OF appeals from all
interlocutory orders of the district courts
of any of one Of said territories, or BY
any Justice thereof. whereby the possess
sion of property is changed or affected,
such as orders for the appointment Of
receivers, granting injunctions, dissol.
wing writs of attachment and the like,
and also from any other interlocutory
order in the discretion of said court OF
appeals, whenever 1t IS made to appear
to said court, upon petition, that It will
be to the interest of justice to allow said
appeal.
Sec. 10. That the justices OF the
supreme courts of said territories shall
continue to hold their offices under theil
respective appointments, and shall ex
ercise and perform oil duties conferred
upon them as provided for by the laws
of the United States or of the territory
wherein they were appointed, except
the duties required Of them as u supreme
court or In connection with the appel.
late powers of q supreme court.
Sec. II. That any final judgment or
decree of said court Of appeals may be
r%eexamined, confirmed, reversed or
modified in the circuit court OF appeals
| of the circuit to which the territory may
be attached in all cases In which the
matter in dispute, exclusive OF costs,
| shall exceed the sum Of over one thou
sand dollars, and in all criminal cases
wherein the crime charged may be muir
| der or the sentence imposed may be i'm.
prisonment for the period Of three years
or more, being for a felony or infamous
crime, In the manner and under the
same regulations as provided for cases
OF writs Of error on judgments and APP
peals from the district courts rendered
In the circuit and district courts OF the
United States, and also in all cases,
with regard to the sum or matter in dis
pute In which 10 drawn into question
the validity Of q treaty or statute Of, OF
the authority exercised by the United
Sfataa and also wharoin tho unostion