SEC. 13. [Judicial districts created — courts attached to eighth circuit -judges, attorneys, and marshals - clerks - terms - jurisdiction of courts and officials-Oklahoma laws extended.] That said State when admitted as aforesaid shall constitute two judicial districts, to be known as the eastern district of Oklahoma and the western district of Oklahoma; the said Indian Territory shall constitute said eastern district, and the said Oklahoma Territory shall constitute said western district. The circuit and district courts for the eastern district shall be held one term at Muskogee, one term at Vinita, one term at Tulsa, one term at South McAlester, one term at Chickasha, and one term at Ardmore, each year, and the circuit and district courts of the western district shall be held one term at Guthrie, one term at Oklahoma City, and one term at Enid, and one term at Lawton, each year, for the time being. And the said districts shall, for judicial purposes, until otherwise provided, be attached to the eighth judicial circuit. There shall be appointed for each of said districts one district judge, one United States attorney, and one United States marshal. There shall be appointed a clerk for each of said districts. who shall keep his office at Muscogee and Guthrie, respectively, for the time being. The regular term of said courts shall be held at the places designated in this Act, at Muscogee on the first Monday in January and at Vinita on the first Monday in March and at Tulsa on the first Monday in April; at South McAlester on the first Monday in June; at Ardmore on the first Monday in October; at Chickasha on the first Monday of November; at Guthrie on the first Monday in January; at Oklahoma City on the first Monday in March; at Enid on the first Monday in June, and at Lawton on the first Monday in October, in each year, and one grand jury shall be summoned in each year in each of said circuit and district courts. The circuit and district courts for each of said districts, and the judges thereof, respectively, shall possess the same powers and jurisdiction and perform the same duties required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. The marshal, district attorney, and clerk of each of the circuit and district courts of said districts, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation now allowed by law to officers performing similar services for the United States in other districts of the United States; and that the laws in force in the Territory of Oklahoma, as far as applicable, shall extend over and apply to said State until changed by the legislature thereof. [34 Stat. L. 275.]

SEC. 14. [Prosecutions of crimes.] That all prosecutions for crimes or offenses hereafter committed in either of said judicial districts as hereby constituted shall be cognizable within the district in which committed, and all prosecutions for crimes or offenses committed before the passage of this Act in which indictments have not yet been found or proceedings instituted shall be cognizable within the judicial district as hereby constituted in which such crimes or offenses were committed. [34 Stat. L. 275.]

SEC. 15. [Determination of appeals and writs of error-time allowed.] That all appeals or writs of error taken from the supreme court of Oklahoma Territory, or the United States court of Appeals in the Indian Territory to the Supreme Court of the United States or the United States circuit court. of appeals for the eighth eircuit, previous to the final admission of such State F. S. A. Supp.-41

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shall be prosecuted to final determination as though this Act had not been passed. And all cases in which final judgment has been rendered in such Territorial appellate courts which appeals or writs of error might be had except for the admission of such State may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States circuit court of appeals under the provisions of existing laws, and there held and deter mined in like manner, and in either case the Supreme Court of the United States, or the United States circuit court of appeals, in the event of reversal shall remand the said causes to either the State supreme court or other final appellate court of said State, or the United States circuit and district courts of said State, as the case may require: Provided, That the time allowed by existing law for appeals and writs of error from appellate courts of said Territories shall not be enlarged hereby, and all appeals and writs of error not sued out from the final judgments of said courts at the time of the admission of such State shall be taken within six months from such time. [34 Stat. L. 276.]

SEC. 16. [Transfer of pending federal civil cases — limit of transfers — cases in circuit court decision appeals, etc. prosecution of pending criminal cases-transfer to circuit or district court jurisdiction of circuit courts.] That all civil causes, proceedings, and matters pending 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 citizen of any State, or between a citizen of any State and a citizen or subject of 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 same manner as if 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 by oath, showing that the case is one which may be so transferred. The proceedings to effect such transfer, except as to time and parties, shall be the same as are now provided by law for the removal of causes from a 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 in such State, which courts, for the purpose of hearing such cases, are hereby vested with all the powers of such Territorial appellate courts. If the circuit court shall affirm the judgment, it shall, if the case be one then originally cognizable in the district court, remand it to that court for carrying into effect the judg ment of the trial court; but if the case be one then originally cognizable in the circuit court, it shall carry into effect the judgment of the trial court. If the circuit court shall reverse the judgment, it shall, if the case be one then originally cognizable in the district court, remand the case to that court for a new trial; but if the case be one then originally cognizable in the circuit court, it shall set the case down 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 circuit 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 existing United States circuit and district courts. Prosecutions for all crimes and offenses committed within the Territory of Oklahoma or in the Indian Territory, pending in the district courts of the Territory of Oklahoma or in the United States courts in the Indian Territory upon the admission of such Territories as a State, which, had they been committed within a State, would have been cognizable in the Federal courts, shall be transferred to and be proceeded with in the United States circuit or district court established by this Act for the district in which the offenses were committed, in the same manner and with the same effect as if they had been committed within a State. Prosecutions for all such offenses committed within either of said Territories and pending in the supreme court of the Territory of Oklahoma, or in the United States court of appeals in the Indian Territory, upon the admission of such Territories as a State, shall be transferred to the United States circuit courts created by this Act for the district within which the offense was committed, which courts are hereby vested with the same jurisdiction to hear such cases as is now vested in the appellate courts of such Territories. Upon the affirmance or reversal by the circuit court of a judgment in any such case, like proceedings shall be had, and like appeals and writs of error allowed, as is provided in this section of this Act in civil cases. [34 Stat. L. 1286.]

The above sec. 16 was "amended so as to read as" here given by sec. 1 of the Act of March 4, 1907, ch. 2911, and the original sec. 16 was, by sec. 4 of that Act, repealed.

Causes arising under United States laws. An action against a federal railroad corporation, pending in the United States Court of Appeals for the Indian Territory at the time of the admission of the state into the Union, is an action arising under the laws of the United States, and under the above section may be removed to the federal courts. Choctaw, etc., R. Co. v. Hamilton, (Okla.) 95 Pac. 972; Choctaw, etc., R. Co. v. Hendricks, (Okla.) 95 Pac. 970.

Likewise, a joint action against three corporations for damages, one of which is a federal railroad corporation, is an action arising under the laws of the United States, and under this section may be removed to the federal courts upon a joint petition of all the defendants for such removal. Choctaw, etc., R. Co. v. Hamilton, (Okla.) 95 Pac. 972.

the latter court, and the attorney of record for the plaintiff in error had notice thereof, and the cause was regularly reached for trial on the calendar, and no one appeared for the plaintiff in error, but the attorney of record appeared for the defendant in error, and the cause then and there was regularly submitted for final decision, it was held that the plaintiff in error had waived his right to thereafter move to have the cause transferred to the proper United States Circuit or District Court; that the transaction constituted an election to proceed in the state courts, and precluded the plaintiff in error from thereafter transferring the cause to the federal court for review. Choctaw, etc., R. Co. v. Burgess, (Okla.) 95 Pac. 606; Lehigh v. Thomas, (Okla.) 97 Pac. 362.

Validity. The first and third sections of the Act of March 4, 1907, ch. 2911, amending secs. 16 and 20 of the Oklahoma Enabling Act, when concurred in by the state of Oklahoma by the adoption of secs. 27 and 28 of the Schedule to the Constitution, being a proper exercise of power by the Congress under art. 4, sec. 3, of the Constitution of the United States, are valid. Higgins v. Brown, (Okla.) 94 Pac. 703.

SEC. 17. [Determination of state cases in supreme court-review, etc.] That all causes, proceedings, and matters, civil or criminal, pending in the supreme court of the Territory of Oklahoma, or in the United States court of appeals in the Indian Territory, not transferred to the United States circuit. or district courts in said State of Oklahoma shall be proceeded with, held, and determined by the supreme court or other final appellate court of such State as the successor of said supreme court of the Territory of Oklahoma and of

the United States court of appeals in the Indian Territory, subject to the same right to review upon appeal or writ of error to the Supreme Court of the United States now allowed from the supreme or final appellate court of a State under existing laws. [34 Stat. L. 1287.]

The above sec. 17 was "amended so as to read as " here given by sec. 2 of the Act of March 4, 1907, ch. 2911, and the original sec. 17 was, by sec. 4 of that Act, repealed.

SEC. 18. [Supreme court dockets, etc. transfer of records of corporations.] That the supreme court or other court of last resort of said State shall be deemed to be the successor of Territorial appellate courts, and shall take and possess any and all jurisdiction as such not herein otherwise specifically provided for, and shall receive and retain the custody of all books, dockets, records, and files not transferred to other courts as herein provided, subject to the duty to furnish transcript of all book entries in any specific case transferred to complete the record thereof. That all books, dockets, records, and files relating to the organization, management, and control of corporations which at the time of the approval of the Act of which this Act is amendatory were in the custody and possession of the clerk of the United States court of appeals for the Indian Territory shall be transferred to the custody of the secretary of state of the State of Oklahoma, and the then clerk of said court shall certify to the identity of said books, dockets, records, and files, and when the said clerk of the United States court of appeals for the Indian Territory has certified all books, records, documents, and files in his office relating to corporations to the secretary of the State of Oklahoma, it shall be the duty of the secretary of the State of Oklahoma to receive and retain the custody and control of the said records, books, documents, and files certified to him by the clerk of the court of appeals for the Indian Territory, and when received by the secretary of state of Oklahoma the same shall become a part of the records of the office of the secretary of the State, and the secretary of state is hereby empowered to furnish copies and to certify to the same, whose certificate, when made under the great seal of the State of Oklahoma, shall have the same force and effect as if the said books, records, documents, and files had been originally filed in the office of the secretary of the State of Oklahoma. [35 Stat. L. 843.]

Section 23 of that Act provides that it shall go into effect July 1, 1909, and repeals conflicting provisions.

Section 18, above amended, originally read as follows:

"SEC. 18. That the supreme court or other court of last resort of said State shall be deemed to be the successor of said Territorial appellate courts and shall take and possess any and all jurisdiction as such, not herein otherwise specifically provided for, and shall receive and retain the custody of all books, dockets, records, and files not transferred to other courts, as herein provided, subject to the duty to furnish transcripts of all book entries in any specific case transferred to complete the record thereof." [34 Stat. L. 277.]

Appellate jurisdiction of Supreme Court.— This section confers upon the Supreme Court of the state just such jurisdiction to review judgments rendered and entered in actions in the United States courts of the Indian Territory prior to the admission of the state from which no appeal had been taken, as the United States Court of Appeals for the Indian Territory could have taken if it had not been dissolved by the advent of statehood. Moberly v. Roth, (Okla. 1909) 102 Pac. 182, followed in Friend v. Roth, (Okla. 1909) 102 Pac. 185, 186.

Power to overrule territorial decisions. — The Supreme Court of Oklahoma possesses the power under this Act and the constitution of the state to overrule an erroneous decision of the Supreme Court of the territory of Oklahoma. Frick Co. v. Oats, (Okla.) 94 Pac. 682.

SEC. 19. [Courts of original jurisdiction — dockets, etc.] That the courts of original jurisdiction of such State shall be deemed to be the successor of all courts of original jurisdiction of said Territories and as such shall take and retain custody of all records, dockets, journals, and files of such courts except in

causes transferred therefrom, as herein provided; the files and papers in such transferred cases shall be transferred to the proper United States circuit or district court, together with a transcript of all book entries to complete the record in such particular case so transferred. [34 Stat. L. 277.]

SEC. 20. [Trial of cases, etc., pending in district and Indian Territory courts not transferred -appeals, etc.-pending criminal cases.] That all causes, proceedings, and matters, civil or criminal, pending in the district courts of Oklahoma Territory, or in the United States courts in the Indian Territory, at the time said Territories become a State, not transferred to the United States circuit or district courts in the State of Oklahoma, shall be proceeded with, held, and determined by the courts of said State, the successors of said district courts of the Territory of Oklahoma, and the United States courts in the Indian Territory; with the right to prosecute appeals or writs of error to the supreme or appellate court of said State, and also with the same right to prosecute appeals or writs of error from the final determination in such cases made by the supreme or appellate court of such State to the Supreme Court of the United States, as is provided by law for appeals and writs of error from the supreme of [or] final appellate court of a State to the Supreme Court of the United States. All criminal cases pending in the United States courts in the Indian Territory, not transferred to the United States circuit or district courts in the State of Oklahoma, shall be prosecuted to a final determination in the State courts of Oklahoma under the laws now in force in that Territory. [34 Stat. L. 1287.] The above sec. 20 was amended so as to read as" here given by the Act of March 4, 1907, ch. 2911, and the original sec. 20 was, by sec. 4 of that Act, repealed.

Jurisdiction of criminal cases. The provisions of this section having been concurred in by virtue of the provisions contained in secs. 27 and 28 of the Schedule of the Constitution, vested jurisdiction of all criminal cases, not of a federal character, pending at the time of the admission of the state into the Union, in the territorial courts of Oklahoma and in the United States courts in the Indian Territory, in the state courts of Oklahoma. Higgins v. Brown, (Okla.) 94 Pac. 703. Nor

is the jurisdiction of the state courts confined to cases pending at the time of admission; it extends to the prosecution of an offense committed in that part of the state formerly known as Oklahoma territory prior to the admission of the state into the Union, where no prosecution whatever had been begun thereon, not even a complaint or information having been filed against the accused prior to that date. Ex p. Bailey, (Okla.) 94 Pac. 553.

The District Court of the county of the state in which the offense was committed has jurisdiction of the offense. Ex p. Bailey, (Okla.) 94 Pac. 553; Higgins v. Brown, (Okla.) 94 Pac. 703.

SEC. 21. [Election of full state officers - Osage Reservation to be separate county, etc.-state government in abeyance till admission election of senators certifying election of senators and representatives operation of state government, etc. - United States laws.] That the constitutional convention may by ordinance provide for the election of officers for a full State government, including members of the legislature and five Representatives to Congress, and shall constitute the Osage Indian Reservation a separate county, and provide that it shall remain a separate county until the lands in the Osage Indian Reservation are allotted in severalty and until changed by the legislature of Oklahoma, and designate the county seat thereof, and shall provide rules and regulations and define the manner of conducting the first election for officers in said county. Such State government shall remain in abeyance until the State shall be admitted into the Union and the election for State officers held, as provided for in this Act. The State legislature when organized shall elect two Senators of the United States, in the manner now prescribed by the laws of the United States, and the governor and secretary of said State shall certify the election of the Senators and Representatives in the manner required by law; and said Senators and Representatives shall be entitled