Page:United States Statutes at Large Volume 34 Part 1.djvu/1316

1286 FIFTY-N1NTn oosemtss. Sess. 11. on. 2911. 1907. Mmch *1907- CHAP. 2911.-An Act To amend sections sixteen, seventeen, and twenty of an [ESE____ Act entitled "An Act to enable the people of Oklahoma and of the Indian Territory to [1>nb1ic,Nc. 246.] form a constitution and State and be admitted into the Union on an equal footing with the original States; and to enable the people of New Mexico and of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States," approved June sixteenth, mneteen hundred and six, and for other purposes. Be it enacted by the Senate and House of Representatives of the United P0k1¤h°,F¤*;8mpmd_ States of America in Congress assembled, That section sixteen of an sngemm. Act entitled “An Act to enable the people of Oklahoma and of the m I,Q‘2‘§“}; E,§,‘jf§; Indian Territory to form a constitution and State government and be sd-' admitted into the Union on an equal footing with the original States; and to enable the people of New Mexico and of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States,” approved June sixteenth, nineteen hundred and six, be, and the same is ereby, amended so as to read as follows: _ _ Fgmegfsr <2{r>¤{¤<1i¤z "Sec. 16. That all civil causes, proceedings, and matters pending ° m ml °°"°S' in the supreme or district courts of Oklahoma Territory, or in the United States courts or United States court of appeals in the Indian Territory, arising under the Constitution, laws, or treaties of the United States, or affecting ambassadors, ministers, or consuls of the United States, or of any other country or state, or of admiralty, or of maritime jurisdiction, or in which the United States may be a party, or between citizens of the same State claiming lands under grants from different States; and all cases where there IS a controversy between a citizen of either of said Territories prior to admission and a citi- - zen of aqy State, or between a citizen of any State and a citizen or subject o any foreign state or country, in which cases of diversity of citizenship there shall be more than two thousand dollars in controversy, exclusive of interest and costs, shall be transferred to the proper United States circuit or district court established by this _ Act, for final disposition, and shall therein be proceeded with in the ,*}g;*{g,mmm_ same manner as 1f originally brought therein: Provided, That said transfer shall not be made in any such case where the United States is not a party, except on application of one of the parties, in the court in which the cause is pending, at or before the second term of such court after the admission of said State, supported bry oath, showing that the case .1s one which may be so transferred. l.`he roceedings to effect such trapsfer, except as to time and parties, shall be the cms h ch. _ same as are now provnded by law for the removal of causes from a mm ‘ °“‘° State court to a circuit court of the United States. Cases transferred from appellate courts shall go to the circuit courts of the United States lh such State, which courts, for the purpose of hearing such cases, are hereby vested with all the powers of such Territorial D°°***°"· appellate courts. If the circuit court shall aflirm the judgment it s all, if the case be one then originally cognizable in the distrzict court, remand it to that court for carrying into effect the judgment of the trial court; but if the case be one then originally cognizable in the circuit court, 1t shall carry into effect the judgment of the trial court. If the circuit court shall reverse the jud ment, it shall if the case be one then originally cognizable in the cgstrict court, remand the case to that court for a new trial; but if the case be one then originally cogmzable IH the circuit court, it shall set the case down Am·¢¤¤¤-<->¢·=- for a new trial therein. All final judgments and decrees rendered in such circuit and district courts in such transferred cases, may be reviewed by the Supreme Court of the United States, or by the United States C11'CllliZ court of appeals, in the cases and in the same manner as is now provided by law with reference to the judgments and decrees of the exisiting Lmted States circuit and district courts.