Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-06-23

hear and determine all trials, pro-
ceodinss and questions arising. or
which may be raised in any case or
controversy pending in any of the
courts other than the supreme court
OF the said territory at the date or its
admission of a state. the ease being
such that, under the laws of the Unit
ed states touching The jurisdiction of
federal courts. IL might properly have
been begun in or Gas a scparate con-
trovorsy or otherWiso) removed Ia
said circuit or said district court. had
they been established when the litiga-
zion of such case or controversy was
commenced, should such case or con-
i troVcrsy be such that, IL begun within
d state. II would have fallen within
tho exclusive original cognizance Of II
circuit or district court of the United
States sitting therein, 1t shah be
transferred to the one or the other OF
said courts sitting within said state
Of New Mexico, with due regard for
tho general provisions Of law defining
their respective jurisdictions. but
should such case or controversy be by
nature one Of those which under such
general jurisdictioual provisions. fall
within the concurrent but not the ex-
elusive jurisdictions Of such courts,
then such transfer may be had upon
application TO any PARTY to such case
or controversy, 70 be made MS nearly
MS may bc In the manner now provid-
ed for removal of eases from state TO
federal courts, and not later than
sixty days after the Judgment of tho
record OF such case or
in the proper court of the state, as
herein provided. An cases and con-
troVersics pending ct the admission of
the state, and not transferable to
the said circuit or district court under
the foregoing provision, shall he heard
and determined BY the proper court
Of the state. All files, records and
proceedings relating to any such pend
ine cases or controversies shall be
transferred 10 such circuit, district
and state courts. respectively, In such
Wise and SO authenticated or proven
as such courts shah, respectively by
rule direct. and upon transfer of any
case or controversy, as herein pro-
Nided. the same shah be proceeded
with in the due course OF law: and no
writ, action, indictment, information.
cause or proceeding pending in any
court of the said territory at the time
OF rs admission as a state shall abate
or DE deemed Ineffective by reason of
such admission, but The same shall b.
transferred and proceeded with in the
proper circuit or district court az the
United states, or state court. az the
case may be. Provided, however, that
MI cases pending and undis POSED OF
In the supreme court Of thc said terri
tory at the time Of the admission
thereof rs q state shall la Transferred.
together With the records thereof. 10
the highest appellate court of the
state, and shall be heard and deter.
mined thereby, ana appeal "a ana writ
Of error from the supreme court OF
the United states shan be to review
I'll such ceses In accordance with the
rules and principles applicable to the
review by that tribunal OF cases de-
termined by state courts. Provided
further that in all cases so pending In
said territorial supreme court in which
II instituted within a state, would
have fallen within the exclusive orig
inal cognizance Of a circuit or district
court Of the United states. shall. with
the records appurtaining thereto, be
transferred 10 the circuit court Of APP
pealsc for tho eighth circuit ana be
there heard ana decided. and any such
cgse which, If finally decided by The
supreme court OF tho territory, would
Been in any names r~eviewable
the supreme court Of the United
may IN a like manner ana with
like effect be so reviewed after final
decision thereof Nv said circuit court
OF appeals, Transfer OF all files and
ANNi 10 Nit FN1lAl Atltltolf tAt SUI
preme court to the highest appellate
court of the state and TO the said cir.
euit court OF appeals snail be accom-
plishod In uch a md undcr
such proofs and authcntications rs the
aforementioned courts shan re-
spectively by rule prescribe.
All civil causes of action and all
Offcnscs which shal have
arisen or been committed prior to The
nT entI fgrrt{apy ne n eiDf,
ns 10 which no suit, action or
prosecution shall be pending AT tho
late Of such admission, shall be sub
to prosecution IN tho courts of
aid state and the said circuit or dis
rict courts of the United states sit
ing therein, and to review In the ap-
.pellate courts Of such respective SOW
..rcignties in like manner and to the
same extent as If said state had been
and such circuit. district and
state courts had been established
prior TO the accrual Of such causes OF
lction and the commission Of such Of
.enscs, ana in cffectuation of this pro-
tision such of the said criminal Of
as shall have been committed,
.gainst the laws OF the said territory
hall be tried and punished by tho
appropriate courts Of said state.
nd such as shall have been commit
ed against the laws OF the United
'tates shall be tried ana punished in
circuit or district courts of the
lnited states.
All suits and actions brought by the
tnited states in which said territory
named as a party defendant, which
han he pending IN any court of said
erritOry at the date OF it's admission
.Iorounder. shall be transferred as
Icrcn provided; and the said state
hail be substituted therein and be-
ONE a party defendant thereto in
leu of said territory,
Section 10. That the members Of
he legislature elected at the election
I%ereinbefore provided for, may assem-
lie Mt Santa Re, organize ana elect
senators of the United states IN
ie manner now provided for by the
institution ana laws of the United
and the governor and secre-
ny Of state of the proposed state
lhll certify the election Of the sena-
RS and representatives in the man
~ required by law; and the senator's
nd representatives SO elected shall be
to be admitted To seats in
ingress and to all rights and privi-
GEES Of senators and representatives
other states In the congress OF the
nited States. and the officers of the
government formed in pursuance
said constitution. MS provided by
e constitutional convention. shall
.oceed TO exercise all the functions
LH