The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-04-09

said circuit and district courts The /
circuit and disiric, courts for each OF
said districts. ANA the judges there. I
Of respectively. shall possess The
same powers and jurisdic lon and per
form the same duties required 10 be
performed by similar offices ~ other
districts Of the United States. ana
shall for the service they may per
form receive the fees and G. cempensa.
tion now allowed by law 10 officers
performing similar services for tho
United States in the territory OF ok.
/ lahoma. and that the laws ana pro.
cedure of the present territory cf ok
lahcma, as far as practicable. shall
not extend over and apply to sal
state until changed by the Legislature
thereof
That all cases Of appeals or wri
of error heretofore prosecuted and
now pending in the supreme court OF
the United States or the circuit court
of appeals for the eighth circuit. upon
any records of the supreme court Of
said territories, or that may hereafter
lawfully be prosecuted uptn any rec.
ord from either of said courts. may be
heard and determined by the supreme
court of the United States and the
said circuit court of appeals. And the
mandate Of execution or other pro
ceed.ng shall be directed by the sn
preme court Of the United States or
said court Of appeals TO the circuit or
district courts hereby established
within the said state succeeding the
territory from which such record Is or
may be pending or to the supreme
court of said state or other state court
therein established. as the nature OF
the case may require.
That the said circuit and district
courts and the courts Of said sta es
shall. respectively. be the successors
of the courts of Oklahoma ana Indian
territories as tc all such cases arising
within the limits of the territories
described in the first SECTION of this
act with full power TO proceed with
the same and award mesne or final
process therein; and tha. from all
judgments and DEGREES Of the supreme
courts cf said territories of the Unit
ed states, courts for said territories
in any case arising wi hin The limits
Of said state prior to admission the
paees to such judgments or DEGREES
p shall have the same right to prosecute
appeals and writs of error to the su.
: preme court of the United States OF
70 the circust court Of appeals fer the
eighth circuit as they shall. have had
: by law prior to the admission of said
e state into the union.
; Thar IN respect 10 all cases proceed
! ings, and matters now pending in the
o supreme or district courts of said ter
ritorios at the time of admission as
state and arising within The limits o
d such state whereof the circuit or dis
$ uict ccnrts by this act establisho,
might have had jurisdic ion undr IN,
o laws of the United States had suci
s courts existed al the time of the com
r mencement of such cases the said cir
u cult and dis rict courts each respect
d ivoly be the successors Of said ST
e preme end district territorial courts
a and the 'nited States courts in sal,
1t territory. And all the files. records
d indictments, and proceedings relat
? ing to any such cases shall be trans
ferred TO such circuit. district, am
state courts respec lively, and tn
same shall be proceeded with there II
due course OF law. but no writ, action
indictment, cause. or proceeding noN
pending, or that prior TO the admls
sion al said ate shall be pending 4
any territorial courts of said territor
ie OF tho United States court for said ten
, ritories shall abate by the admlssio
,e OF said ate into the union but tn
same shall be transferred and prS
a. ceeded With in the proper Unite
N States circuit. district or other stat
ID court. as the case may be; Provide,
however, that in all civil actor
e causes, and proceedings In which th
United States is not a party trani
Ia fer shall not be made to this distriC
or distric. courts OF the United Statei
I except il be a case which. under exis
, ing laws. might be transferred from
state court ta the courts of the Unite
ates. and upon written request q
one OF the parties TO snoh action @
proceeding, filed In the prcper cour
- as now by law required and In the al
sence Of such request such case
p ehah be nrnceeded with in The MOI