Arizona republican., 1910-06-27

| persons performing duties in the ad-
 ministration of justice therein, shall 1 severally possess the powers and per | form the duties lawfully possessed
 and required to be performed by simi- | lar officers in other districts of the l United States, and shall, for the ser
 vices they perform, receive the fees and compensation now allowed by law
 to officers performing similar services for the United States in the territory | of Arizona.
 | Section g. That all cases of appeal | or writ of error and all other proceed ings heretofore lawfully prosecuted
 and now pending in the supreme court of the United States or in the proper | circuit court of appeals upon any rec
 ord from the supreme court of said territory and all cases of appeal or
 writ of error and all other proceed | ings heretofore lawfully prosecuted
 and now pending in the supreme court
 of the United States upon any record | from a district court of said territory | or, in any matter of habeas corpus. | upon any return or order of district | judge thereof. and all and singular the | cases aforesaid which, hereafter shall | be so lawfully prosecuted and remain pending in the supreme court of the | United States or in the proper circuit | court of appeals. may be heard and t determined by the supreme court of | the United States or the proper cir | cult court of appeals, as the case may ! be- And the mandate of execution or of further proceedings shall be direct | ed by the supreme court of the United | States or the circuit court of appeals | to the circuit or district court hereby | established within the said state, or to | the supreme court of such state. as the nature of the case may require. And the circuit, district. and state courts herein named shall. respective | ly. be the successors of the supreme court and of the district courts of said territory as to all such cases arising within the limits embraced within the jurisdiction of said courts. respectively, with full power to pro ceed with the same and award mesne or final process therein; and that from all judgment and decrees or oth- CT determinations of any court of the said territory, in any case begun prior to admission. the parties to such cause
 shall have the same right to prose- cute appeals. writs of error, and peu-
 tions for review to the supreme court
 of the United States or to the circuit
 court of appeals as they would have
 had by law prior to the admission of
 said state into the union.
 Section 33 That the said circuit
 or 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 other
 than the supreme court of the said
 territory at the date of its admission
 as a state, the case being such that,
 under the laws of the United States
 touching the jurisdiction of federal
 courts, it might properly have been
 begun in or Gas a separable contro-
 versv or otherwise) removed to said |
 circuit or said district court had they |
 been established when the litigation Of |
 such case or controversy was com l
 menced. Should such case or control | -versy be such that, if begun within | state. it would have fallen within the | exclusive original cognizance of cir
 cult or district court of the United | States sitting therein, it shall be
 transferred to the one or to the other of said courts sitting within said state of Arizona, with Sde regard for the
 general provisions of law defining their respective Jurisdictions; but should such case or controversy be by nature one of those which under such general jurisdictiOnal provisions fall within the concurrent, but not the exclusive, Jurisdiction 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 provid- ed for removal of cases from the state to federal courts, and not later than sixty days after the lOdgment If 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 cir cult or district court under the fore going provision, shall be heard and by the proper court of the state All files, records, and proceed ings relating to any such pending cases or controversies shall be trans ferred to such circuit, district, and state courts. respectively, in such wise and so authenticated or proven as such courts shall respectively by rule direct, and upon transfer of any-case or con troversy as herein provided the same shall be proceeded with in due course of law; and no writ, action, fndict- ment, information, cause. or proceed ing 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 admis sion. 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 su pTeme court of the said territory at the time of the admission thereof as ! state shall be transferred, together with the records thereof, to the high est appellate court of the state, and shall be heard and determined there by, and appeal to and writ of error rom the supreme court of the United States shall lie to review all such ,ases in accordance with the rules and principles applicable to the review by hat tribunal of cases determined by ,tata cOurtS Provided further that | 1