Arizona republican., 1910-03-22

1 of the said Territory. in any case be- gun prior to admission, the parties
 to such judgment shall have the sam"
 right to prosecute appeals. writs of error. and petitions for review to the supreme court of the United states or to the circuit court Of appeals as l they would have had by law prior to 1 the admission of said State into the Union.
 Jurisdiction of Courts.
 Sec 33. That the said circuit or the said district courts. as the case
 may be. shall have jurisdiction to hear and determine all trials, pro- ceedings. and questions arising. or l which may be raised. in any case or controversy pending in any of the courts of the said Territory at the date of its admission as State, the case being such that. under the laws of the United States touching the iur- isdictions of federal courts. it might properly have been begun in or fas a separable controversy or otherwise) removed to said circut ar said district court had they been established when the litigation of such case or contro- vcrsy was commenced. Should such case or controversy be such that, If
 begun within a state. it would have fallen within the exclusive original
 cogniZanCe of a circuit or district
 court of the United States sitting
 therein. it shall be transferred tn the
 one ar the other of said courts sit
 ting within said State of Arizona,
 with due regard for the general proVi-
 sions of law defining their rcspec-
 tive jurisdictions. but should such
 case or controversy be by nature
 one of those which under such gen
 eral jurisdictional provisions fall with
 in the concurrent but not tho eNciu-
 sive, Jurisdiction of such courts. then
 such transfer may be had upon appli-
 cation 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 m
 the proper court of the state as here
 in provided. All cases and contro-
 versies pending at the admission of
 the state. and not transferable to the
 said circuit or district court under the foregoing provision. shall be
 heard and determined by the proper
 court of the state. All files, re- cords. and proceedings relating to any
 such pending cases or controversies
 shall be transferred to such circuit.
 district ana state courts. respectively. in such wise and so authenticated yor proven as such courts shall rcspec- lively by rule direct. and upon trans fer of any case or controversy as herein provided the same shall be proceeded with in due course of law: and no writ, action, indictment. lnfor- nation. cause or proceeding pending in any court of the said territory at the time of its admission as state shall abate or be deemed ineffective by reason of such admission. but the same shall be transferred and pro- cceded with in the proper circuit or district court of the United States or state court. as the case may be: Pro- vided however. That all cases pend inc and undisposed of in the supreme court of the said territory at the time of the admission thereof as a state shall be transferred. together with thhe records thereof, to the highest appellate court of the state. and Shall be heard and determined thereby. and appeal to and writ of error from the Supreme Court of the United states shall lie to review all such cases m with the rules and prin- ciples applicable to the review by that tribunal of cases determined by state l Provided further. That all cases so pending in said territorial supreme court in which the United States is a party or which. if nstl- | tuted within state, would have fal- | len within the exclusive original cog [ nizance of "a circuit or district court 1 of the United States shall. with the i records appertaming thereto, be trans fcrred to the circuit court of appeals for the ninth circuit and be there hoard aud docided. and any such case