and appropriate to enforce the provisions hereof relative to the application and disposition of the said lands and the products thereof and the funds derived therefrom. Rights of State and Nothing herein contained shall be taken as in limitation of the citizens, power of the State or of any citizen thereof to enforce the provisions of this Act. Commission to select SEC. 11. That all lands granted in quantity or as indemnity by granted lands. this Act shall be selected, under the direction and subject to the approval of the Secretary of the Interior, from the surveyed, unreserved, unappropriated, and nonmineral public lands of the United States within the limits of said State, by a commission composed of the governor, surveyor-general, or other officer exercising the functions of a surveyor-general, and the attorney-general of the said Surveys. State; and after its admission into the Union said State may procure public lands of the United States within its boundaries to be surveyed with a view to satisfying any public-land grants made to said State in the same manner prescribed for the procurement of such surveys by Washington, Idaho, and other States by the Act of Congress approved August eighteenth, eighteen hundred and ninety-four (Twenty-eighth Statutes at Large, page three hundred and ninetyfour), and the provisions of said Act, in so far as they relate to such surveys and the preference right of selection, are hereby extended to the said State of New Mexico. The fees to be paid to the register and receiver for each final location or selection of one hundred and sixty acres made hereunder shall be one dollar. SEC. 12. That all grants of lands heretofore made by any Act of Congress to said Territory, except to the extent modified or repealed by this Act, are hereby ratified and confirmed to said State, subject to the provisions of this Act: Provided, however, That nothing in this Act contained shall, directly or indirectly, affect any litigation now pending and to which the United States is a party, or any right or claim therein asserted. Vol. 28, p. 394. Territorial grants confirmed to State. Proviso. Pending litigation. Judicial district created. Courts. In eighth circuit. Judge, attorney, and Clerks. Terms. SEC. 13. That the State, when admitted as aforesaid, shall constitute one judicial district, and the circuit and district courts of said district shall be held at the capital of said State, and the said district shall, for judicial purposes, be attached to the eighth judicial circuit. There shall be appointed for said district one district judge, one marshal." United States attorney, and one United States marshal. The judge of said district shall receive a yearly salary the same as other similar judges of the United States, payable as provided for by law, and shall reside in the district to which he is appointed. There shall be appointed clerks of said courts, who shall keep their offices at the capital of said State. The regular terms of said courts shall be held on the first Monday in April and the first Monday in October of each year. The circuit and district courts for said district, and the Jurisdiction, etc. 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 the clerks of the circuit and district courts of said district, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and 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 the Territory of New Mexico. Determination of SEC. 14. That all cases of appeal or writ of error and all other pro-pending appeals and ceedings heretofore lawfully prosecuted and now pending in the writs of error. Supreme Court of the United States or in the proper circuit court of appeals upon any record from the supreme court of said Territory, and all cases of appeal or writ of error and all other proceedings 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 a 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 determined by the Supreme Court of the United States or the proper circuit court of appeals, as the case may be. And the mandate of execution or of further proceedings shall be directed 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 Succession of courts. the case may require. And the circuit, district, and state courts herein named shall respectively be the successors of the supreme court and of the district courts of the said Territory as to all such cases arising within the limits embraced within the jurisdiction of said courts, respectively, with full power to proceed with the same and award mesne or final process therein; and that from all judgments and decrees or other 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 prosecute appeals and writs of error 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. Transfer of Federal cases. court. SEC. 15. That the said circuit or the said district court, 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 jurisdictions of federal courts, it might properly have been begun in or (as a separable controversy or otherwise) removed to said circuit or said district court, had they been established when the litigation of To circuit or district such case or controversy 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 to the one or the other of said courts sitting within said State of New Mexico, with due 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 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 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 circuit or district court under the foregoing provision, shall be heard and determined by the proper court of the State. All files, records, and proceedings relating to any such pending cases or controversies shall be transferred 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 controversy, as herein proPending proceed vided, the same shall be proceeded with in due course of law; and no writ, action, indictment, information, cause, or proceeding pending in any court of the said Territory at the time of its admission as a Other cases. ings not abated. Provisos. Transfers to circuit State shall abate or be deemed ineffective by reason of such admission, 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 supreme court of the said Territory at the time of the admission State cases. thereof as a State shall be transferred, together with the 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 in accordance with the rules and principles applicable to the review by that tribunal of cases determined by state courts: Provided further, court of appeals That all cases so pending in said territorial supreme court in which the United States is a party or which, if instituted within a State, would have fallen within the exclusive original cognizance of a circuit or district court of the United States, shall, with the records appertaining thereto, be transferred to the circuit court of appeals for the eighth circuit, and be there heard and decided; and any such case which, if finally decided by the supreme court of the Territory, would have been in any manner reviewable by the Supreme Court of the United States, may in like manner and with like effect be so reviewed after final decision thereof by said circuit court of appeals. Transfers of all files and records from the said territorial supreme court to the highest appellate court of the State and to the said circuit court of appeals, shall be accomplished in such manner and under such proofs and authentications as the two last-mentioned courts shall respectively by rule prescribe. Suits not begun before admission. All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said Territory as a State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the courts of said State and the said circuit or district courts of the United States sitting therein, and to review in the appellate courts of such respective sovereignties in like manner and to the same extent as if said State had been created and such circuit, district, and state courts had been established prior to the accrual of such causes of action and the commission of such offenses; and in effectuation of this provision such of the said criminal offenses as shall have been committed against the laws of the said Territory shall be tried and punished by the appropriate courts of the said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the circuit or district courts of the United States. All suits and actions brought by the United States in which said Territory, as defendTerritory is named as a party defendant, which shall be pending in ant in Federal cases. any court of said Territory at the date of its admission hereunder, shall be transferred as herein provided; and the said State shall be substituted therein and become a party defendant thereto in lieu of said Territory. State substituted for Assembling of legislature. of Senators and Rep resentatives. SEC. 16. That the members of the legislature elected at the election herein before provided for may assemble at Santa Fe, organize, and elect two Senators of the United States in the manner now prescribed by the Constitution and laws of the United States; and the governor Certifying election and secretary of state of the proposed State shall certify the election of the Senators and Representatives in the manner required by law; and the Senators and Representatives so elected shall be entitled to be admitted to seats in Congress and to all rights and privileges of Senators and Representatives of other States in the Congress of the United States; and the officers of the state government formed in government. pursuance of said constitution, as provided by the constitutional convention, shall proceed to exercise all the functions of state officers; and all laws of said Territory in force at the time of its admission into tinued. the Union shall be in force in said State until changed by the legis 24768°-61-2-PT 1-26 Operation of State Territorial laws con lature of said State, except as modified or changed by this Act or by United States laws. the constitution of the State; and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States. Appropriation for election and convention expenses. Proviso. Excess by State. Expenditures. Saline lands reserved. SEC. 17. That the sum of one hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for defraying all and every kind and character of expense incident to the elections and convention provided for in this Act; that is, the payment of the expenses of holding the election for members of the constitutional convention and the election for the ratification of the constitution, at the same rates that are paid for similar services under the territorial laws, and for the payment of the mileage for and salaries of members of the constitutional convention at the same rates that are paid to members of the said territorial legislature under national law, and for the payment of all proper and necessary expenses, officers, clerks, and messengers thereof, and printing and other expenses incident thereto: Provided, That any expense incurred in excess of said sum of one hundred thousand dollars shall be paid by said State. The said money shall be expended under the direction of the Secretary of the Interior, and shall be forwarded, to be locally expended in the present Territory of New Mexico, through the secretary of said Territory as may be necessary and proper, in the discretion of the Secretary of the Interior, in order to carry out the full intent and meaning of this Act. SEC. 18. That all saline lands in the proposed State of New Mexico are hereby reserved from entry, location, selection, or settlement until such time as Congress shall hereafter provide for their disposition. SEC. 19. That the qualified electors of the Territory of Arizona are hereby authorized to vote for and choose delegates to form a constiElection of dele tutional convention for said Territory for the purpose of framing a Arizona. Constitutional con vention. gates. Apportionment. Qualifications of voters. Reregistration. Proviso. constitution for the proposed State of Arizona. Said convention shall consist of fifty-two delegates; and the governor, chief justice, and secretary of said Territory shall apportion the delegates to be thus selected, as nearly as may be, equitably among the several counties thereof in accordance with the voting population as shown by the vote cast at the election for Delegate in Congress in said Territory in nineteen hundred and eight. A qualified elector within the meaning of this section shall be any male citizen of the United States of the age of twenty-one years who shall have resided in the Territory at least twelve months next preceding the date fixed for the election of delegates to the constitutional convention, as herein provided for, and who shall possess in other respects the qualifications of an elector as provided by title twenty, Revised Statutes of Arizona, August second, nineteen hundred and one. Within ten days after the issuance of the governor's proclamation ordering the election of delegates to the constitutional convention, as herein provided, the board of supervisors of each county of the Territory shall meet and authorize and require a reregistration of the Acceptance of regis- qualified electors of said county: Provided, however, That there need not be a reregistration of the qualified electors whose names appear on the great register of said county for the year nineteen hundred and eight, but all such names, together with such as may be registered under the provisions of this section, shall constitute the great register of said county and be used at each of the elections herein provided for; and so far as the same is consistent with the provisions of this Act, such registration, as also the making up, printing, distribution, and use of such great register, shall in all respects conform to and be governed by the provisions of chapter three of said title twenty, Revised Statutes Application to all of Arizona, nineteen hundred and one. And the provisions of this section shall apply to all voters at all elections for the election of dele try of 1908. Regulations. elections. gates to the constitutional convention and for the ratification of the constitution, for state officers, members of the state legislature, Representatives in Congress, and all other officers named in said constitution or in any manner herein provided for or mentioned. Proclamation by governor for election. Conduct of election. Territorial laws applicable. The governor of said Territory shall, within thirty days after the approval of this Act, by proclamation, in which the aforesaid apportionment of delegates to the convention shall be fully specified and announced, order an election of the delegates aforesaid on a day, designated by him in said proclamation, not earlier than sixty nor later than ninety days after the approval of this Act. Such election for delegates shall be held and conducted, the returns made, and the certificates of persons elected to such convention issued, as nearly as may be, in the same manner as is prescribed by the laws of said Territory regulating elections therein of members of the legislature existing at the time of the last election of said members of the legislature; and the provisions of said laws in all respects, including the qualifications of electors and registration, are hereby made applicable to the election herein provided for; and said convention when so called to order and organized shall be the sole judge of the election and qualifications of its own members. Qualifications to entitle persons to vote on the ratification or rejection of the consti- electors, etc. tution formed by said convention when said constitution shall be submitted to the people of said Territory hereunder shall be the same as the qualifications to entitle persons to vote for delegates to said convention. Qualifications of tion. SEC. 20. That the delegates to the convention thus elected shall Meeting of convenmeet in the hall of the house of representatives in the capital of the Territory of Arizona at twelve o'clock noon on the fourth Monday after their election, and they shall receive compensation for the period they actually are in session, but not for more than sixty days. in all; after organization they shall declare on behalf of the people Duties. of said proposed State that they adopt the Constitution of the United States, whereupon the said convention shall be, and is hereby, authorized to form a constitution and provide for a state government for said proposed State, all in the manner and under the conditions contained in this Act. The constitution shall be republican in form and make no distinction in civil or political rights on account of race or color, and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. And said convention shall provide, by an ordinance irrevocable Provisions. without the consent of the United States and the people of said State Constitution. First. That perfect toleration of religious sentiment shall be Religious freedom. secured, and that no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship; and that polygamous or plural marriages, or polygamous Polygamy and givcohabitation, and the sale, barter, or giving of intoxicating liquors prohibited. to Indians, and the introduction of liquors into Indian country are forever prohibited. ing liquor to Indians Disclaimer of right Second. That the people inhabiting said proposed State do agree to public or Indian and declare that they forever disclaim all right and title to the unap- lands. propriated and ungranted public lands lying within the boundaries thereof and to all lands lying within said boundaries owned or held by any Indian or Indian tribes, the right or title to which shall have been acquired through or from the United States or any prior sovereignty, and that until the title of such Indian or Indian tribes shall have been extinguished the same shall be and remain subject to the disposition and under the absolute jurisdiction and 'control of the Congress of the United States; that the lands and other propertyEquality of belonging to citizens of the United States residing without the said taxa |