Bisbee daily review., 1909-02-21

ci q huFNtyOT stnCfals ana dlOfutJ general of the said State; and Ih,. fees to be paid 10 the register and lc- ciyer collectively for each final loca- ton or selection of one hundred and sixty acres made hereunder shall to one dollar: Provided. That if the above commission selects any tract of unsuryeyed land. it shall determine the exterior boundaries thereof anu file with the Department of the In- terior q map and description of such boundaries by metes and bounds v. otherwise. ard the filing of such selee-' ton map and description shall operate to defeat any right within said al ea sought to be initiated therafer by loNa- tion, settlement, or improvement un- der any but the mineral-land laws; and there is hereby appropriated. oal of any funds in the Treasury not oher- wise appropriated, the sum of fifty thousand dollars, or so much thereoi as may be necessary, to be used by the Secretary of the Interior Nor such examination and survey of said lanu as he may deem necessary for pur poses of patenting the land so selected to the State.
 Sec. g.. That all grants of lands heretofore made by any Act of Con gress to said Territory. except to rIe extent modified or repealed by this Act, are hereby ratified and confirmed in and to said State.
 Sec. g. That the said State, when admitted as aforesaid, shal lconstitute one judicial district, and the circui let.
 shall be held at the capital cf sad Sate. or at such other place or places as the court itself may designate. and the said district shall, for judicial pur- poses. until otherwise provided, be attached to the ninth judicial circuit. There shall be appointed for said dis trict one district jadge. one United Staes attorney, and one United States marshal. The judge of sad district shall receive a yearly salary the same as other similar judges of the Uniteo Staes, payable as provided for by law. and shall reside in the distric to which he Is appointed. There shan be appointed clerks of said courts, who shall keep their offices at the cap ital of sad State. The regular terms
 of said courts shall be held sn said dis 1 irict, at the place or places aforesaid,
 on the first Monday in April and the , first Monday in October rf each year.
 and one grand jury shall be sum. moned in each year in each of said 1 circuit and district courts. The circuit
 and district courts for said distrIct, and the judges thereof, respectively, shall possess the same powers and ! jurisdiction and perform the same duties required to be performed by the oher circuit and district courts and | judges of the United States, and shall
 be governed by the same laws and I regulations. The marshal. district al l orney, and clerks Of the circuit and | district courts of said district, and all
 other officers and persons performing ] duties .n the administration of justice
 therin, shall seyerally possess the
 powers and perform the duies law bully possessed and required to be rerformed by similar officers in other
 districts of the United States, and shall, for the services they may per
 form, receive the fees and compensa ! tion now allowed by law to officers erforming similar services for the l United States in the Territory of An zona.
 Sec. 8. That all cases of appeal ol writ of error heretofore prosecuted anu now pending In the Supreme Court of I he United Sates upon any recoi q I from the supreme court O6 said TeTII | tory, or hat may hereafter lawfully be prosecuted upon any record from said 1 courts. may be heard and determined | hv said Supreme Court of the United ! States. And the mandate of exe.u | ton or of further proceedings shai. ba directed bv the Supreme Court CT
 the United Staes to the circui Or i district court. hereby established with \ in the said State or to the supreme
 court of such State, as he nature Ui
 the case may require. And the cir. ! cult, district and state courts herein
 named shall. respectively, be the sue cessors of the supreme court of tue
 said Ter tory as to all such eases 1 arising within the limits embraced within the jurisdiction Of sucn courts respectively, with full power to ptv- cced with the same and award mesue l )r final process therein; and that from all judgments and decres of tho l supreme court of the said Territory, in ! ! nroposed State pricr to adniss:on into
 the Union of the said State. ana
 ar sing within the limits of such State l whereof the circuit or district courts
 by this Act established by such State lshall respectively. be the successors Of said supreme and district territorial 1 courts: and all tue files. records, In Idictment9, and proceedings relating
 10 any such cases shall be transferred to such circuit, district. and state 1 courts, respectively, and the same shall be proceeded with therein .n que ! course of law: but no writ, action, m dictment. cause. or proceeding now l pe nding. or that prior to the admis sion of the State sAaf be pending
 in any territ0r' al court in said Ter, 1 tory shall abate by the admission Oi
 such Srate into the Union, but the
 same shall be transferred and pro
 ceeded within the proper United
 States circuit, district. or state court
 as the case may be: Provided, how
 ever, That tu all civil actions. causes
 and proceedings in which the United States Is not party. transfers shaf
 not be made to the circuit and s tTfct courts of the United States ex cept upon cause shown by written re quest of one of the parties 10 snca action or proceeding f led in the prop
 CT court; and n the absence of suct
 request such cases shah be proceedeo with in the p-cner state courts
 Sec. @. That the constitutional
 convention ssall by ordinance prov'os