Page:United States Statutes at Large Volume 25.djvu/728

FIFTIETH CONGRESS. Sess. II. Ch. 180. 1889. 683 which such record is or may be pending, or to the supreme court of such State, as the nature of the case may require: Provided, That Pmviscthe mandate of execution or of further proceedings shall, in cases arising i11 the Territory of Dakota, be directed by the Supreme Court Dakota causes. of the United States to the circuit or district court of the district of South Dakota,_or to the supreme court of the State of South Dakota, or to the circuit or district court of the district of North Dakota, or to the supreme court of the State of North Dakota, or to the supreme court of the Territory of North Dakota, as the nature of the case may require. And each of the circuit, district, and State courts, herein S¤1¤¤»m<>Te¤·itori¤1 named, shall, respectively, be the successor of the supreme court of ii°}`ZIiZ.iitl°iiE{1,$Zi?g,§?; - the Territory, as to all such cases arising within the limits embraced Stm °°*¤‘*S- within the jlprisdiction of such courts respectively with full power to proceed wit the same, and award mesne or final process therein; and that from all judgments and decrees of the supreme court of either of the Territories mentioned in this act, in any case arising within the limits of any of the roposed States prior to admission, the parties to Judgments prior to such judgment shall have the same right to prosecute appeals and °dm‘S”°°‘ . writs of error to the Supreme Court of the United States as the shall have had by law prior to the admission of said State into the Union. Sec. 23. That in respect to all cases, proceedings, and matters now m'€F¤¤Sf¢t of P¤¤¤i¤z pending in the supreme or district courts of either of the Territories me mentioned in this act at the time of the admission into the Union of either of the States mentioned in this act, and arising within the ` limits of any such State, whereof the circuit or district courts by this Circuit and district act established might have had jurisdiction under the laws of the °°°"S' United States had such courts existed at the time of the commencement of such cases, the said circuit and district courts, respectively, shall be the successors of said supreme and district courts of said Territory; and in respect to all other cases, proceedings and matters stm coms_ pending in the supreme or district courts of any of the Territories mentioned in this act at the time of the admission of such Territory into the Union, arising within the limits of said proposed State. the courts established by such state shall, res ectively, be the successors of said supreme and district Territoriai) courts ; and all the tiles, '1(;r¤¤¤f¤r¤f¤\¤¤.wcrecords, indictments, and proceedings relating to any such cases, °r s’°t°‘ ‘ shall be transferred to such circuit, district, and State courts, respectively, and the same shall be proceeded with therein i11 due course of law; but no writ, action, indictment, cause or proceeding now pend- wuts, em., not w ing, or that rior to the admission of any of the States mentioned “"‘“"· in this act, sliall be pending in any Territorial court in any of the Territories mentioned in this act, shall abate by the admission of any such State into the Union, but the same shall be transferred and proceeded with i11 the proper United States circuit, district or State court, as the case may he: Provided. however. That in all civil ac- p,·,,,.,·,,,,_ tions. causes, and iroceedings, in which the United States is not a ft_}f§;1;]°;gu’;_Q;*'*“* m part transfers shalll not be made to the circuit and district courts of I ` the United States, except upon written request of one of the parties to such action or proceeding tiled in the proper court; and in the absence of such request such cases shall e proceeded with in the proper State courts. Sm:. 2+. That the constitutional conventions may, by ordinance, memos rm- run provide for the election of officers for full State governments, includ- stm ·°‘°'°"““‘°"**· · ing members of the legislatures and Representatives in the Fifty- first Congress; but said State governments shall remain in abeyance until the States shall be admitted into the Union, respectively, as provided in this act. In case the constitution of any of said proposed States shall be ratified by the people. but not otherwise, the legislature thereof may assemble. organize. and elect two Senators of the meeamorsemeois. ‘ United States: and the governor and secretary of state of such pro- ' posed State shall certify the election of the Senators and Representatives in the manner required by law; and when such State is admitted