Arizona republican., 1910-02-07
FORWARD MOVEMENT :.
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mesne or final process therein; an, that from all judgments and decree of the supreme court of the said ter ritory, in any case begun prior to ad
 mission, the parties to such judgmen
 shall have the same right to prescott,
 appeals and writs of error to the SUI
 preme court Of appeals as they hay,
 had by law prior to the admission o
 said state into the union, as in othel
 states of the union.
 | Sec. g. That the said circuit ol the said district courts, as the case
 may be, shall have Jurisdiction to hear
 and determine all trials. proceedings
 and questions arising. or which may
 be raised, in any case or controversy
 pending in any of the courts of the
 said territory at the date of it's ad-
 mission as state. the case being such
 that. under the laws of the United States touching the jurisdictions of federal courts. it might properly have been begun in or Gas a separable con- | troversy or otherwise) removed to said
 circuit or said district court, had they | been established when the litigation of
 such case or controversy was com
 menced. Should such case or con- i troversy be such that, if begun with | in state, it would have fallen within the exclusive cogniZance of circuit
 or district court of the United States
 sitting therein. it shall be transferred to the one or the other of said courts | si' ting within said state of Arizona, with due regard for the general pro- visions of law defining their respective jurisdictions: but should such case or controversy be by nature one of those
 which under such general jurisdiction al provisions fall within the concur rent. but not the exclusive. jurisdic ton of such courts. then such transfer may be had upon application of any
 party to such case or controversy. to be made as nearly as may be in the manner now provided for removal of cases from state to federal courts, and not later than sixty days after the lodgment of the record of such case or controversy in the proper court of the state as herein provided. All cases and controversies pending at the admission of the state. and not transferable to the said circuit or dis trict court under the foregoing pro- vision. shall be heard and determined by the proper court Of the state. All files. records. and proceedings relating to any such pending cases or contro- versies shall be transferred to such circuit, district, and state courts, re- spectively. and upon transfer of any case or controversy. as herein provid- ed. the same shall be proceeded with in due course of law and no writ. &C., ton, indictment, information. cause, or proceeding pending in any court of the said territory at the time of it's admission as a state shall abate or be deemed ineffective, by reason of such admission. but the same shall be transferred and proceeded with in the proper circuit or district court of the United States. or state court, as the case may be: Provided. however. that all cases pending and undisposed of in the supreme court of the said ter ritory at the time of the admission thereof as a state shall be transferred, together with the records thereof. to the highest appellate court of the state. and shall be heard and deter mined thereby, and appeal to and writ of error from the supreme court of the United States shall lie to review
  rules and principles applicable to the review by that tribunal of cases deter mined by state court$ Provided fur ther. that all cases so pending in said territorial supreme court in which the United States is a par ty. shall, with the records appertaining thereto. be tranfer- red to the circuit court of appeals for the eighth circuit and there heard and decided. and the right~to review the decision thereof by said circuit court of appeals in the supreme court of the United States shall exist or not according to whether such cases would, under the laws of the United States as now existing. have been susceptible of such review had the same originally ben tried in a circuit or district court of the United States. and first taken therefrom by appeal or writ of error to said circuit court of appeals.
 All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said territory as a state. but as to which no suit. action. or
 
 date of such admission. shall be sub ! ject to prosecution in the courts of said state and the said circuit or district courts of the United States sitting therein, and to review in the appellate courts of such respective sovereignties in like manner and to the same extent as if said state had been created. and such circuit. district, and state courts had been established, prior to the accrual of such causes of action and the commission of such offenses and in effectuation of this provision such of the said criminal of lenses as shall have been committed against the laws of the said territory shall be tried and punished by the courts of the said state. and such as shall have been com mitted against the laws of the United States shall be tried and punished in the circuit or district courts of the United States. All suits and actions brought by the United States in which said ter ritory is named as a party defendant which shall be pending in any court of said territory at the date of it's ad- mission hereunder shall be transferred as herein provided, and shall he pro- ceeded with as against all other par ties defendant: and the said state