works in connection with any such government project. And other lands in lieu thereof are hereby granted to said State, to be selected from lands of the character named and in the manner prescribed in section twenty-four of this Act.

Lieu selections.

There is hereby reserved to the United States and excepted from Water-power reserthe operation of any and all grants made or confirmed by this Act Vations. to said proposed State all land actually or prospectively valuable for the development of water powers or power for hydro-electric use or transmission and which shall be ascertained and designated by the Secretary of the Interior within five years after the proclamation of the President declaring the admission of the State; and no lands so reserved and excepted shall be subject to any disposition whatsoever by said State, and any conveyance or transfer of such land by said State or any officer thereof shall be absolutely null and void within the period above named; and in lieu of the land so reserved to the United States and excepted from the operation of any of said grants there be, and is hereby, granted to the proposed State an equal quantity of land to be selected from land of the character named and in the manner prescribed in section twenty-four of this Act.

Lieu selections.

A separate fund shall be established for each of the several objects Separate funds of for which the said grants are hereby made or confirmed, and whenever proceeds.

any moneys shall be in any manner derived from any of said land the same shall be deposited by the state treasurer in the fund corresponding to the grant under which the particular land producing such moneys was by this Act conveyed or confirmed. No moneys shall ever be taken from one fund for deposit in any other, or for any object other than that for which the land producing the same was granted or confirmed. The state treasurer shall keep all such moneys invested in safe, interest-bearing securities, which securities shall be approved by the governor and secretary of state of said proposed State, and shall at all times be under a good and sufficient bond or bonds conditioned for the faithful performance of his duties in regard thereto, as defined by this Act and the laws of the State not in conflict herewith.

Investment, etc.

leases void.

Every sale, lease, conveyance, or contract of or concerning any of Irregular, etc., the lands hereby granted or confirmed, or the use thereof or the natural products thereof, not made in substantial conformity with the provisions of this Act shall be null and void, any provision of the constitution or laws of the said State to the contrary notwithstanding. It shall be the duty of the Attorney-General of the United States to prosecute, in the name of the United States and in its courts, such proceedings at law or in equity as may from time to time be necessary 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.

Nothing herein contained shall be taken as in limitation of the power of the State or of any citizen thereof to enforce the provisions of this Act.

Enforcement of land provisions.

Rights of State and citizens.

SEC. 29. That all lands granted in quantity, or as indemnity, by Commission to sethis Act, shall be selected, under the direction and subject to the lect granted lands. 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 State; and after its admission into the Union said State may procure public surveys. 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 Vol. 28, p. 394. August eighteenth, eighteen hundred and ninety-four (Twenty-eighth

Territorial grants confirmed to State.

Proviso.

Pending litigation.

Judicial district

created.

Courts.

In ninth circuit.

marshal.

Clerks.

Terms.

Jurisdiction.

Statutes at Large, page three hundred and ninety-four), 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 Arizona. 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. 30. 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.

SEC. 31. That the said 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 ninth judicial circuit. Judge, attorney, and There shall be appointed for said district one district judge, one 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 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 perform, receive the fees and compensation now allowed by law to officers performing similar services for the United States in the Territory of Arizona.

Determination of pending appeals and writs of error.

SEC. 32. That 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 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 Succession of courts. State, as the nature of 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 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, writs of error, and petitions 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.

Transfer of Federal

cases.

To circuit or district court.

Other cases.

SEC. 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 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 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 Arizona, 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 provided the same shall be proceeded with in due course of law; and no writ, action, indictment, information, cause, or ings not abated. proceeding pending in any court of the said Territory at the time of its admission as a 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 Determination and undisposed of in the supreme court of the said Territory at the State cases. time of the admission 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, That all cases so pending in said territorial supreme court of appeals. 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 ninth 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

Pending proceed

Provisos.

of

Transfers to circuit

fore admission.

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 lastmentioned courts shall respectively by rule prescribe.

Suits not begun be- 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 ant in Federal cases. Territory is named as a party defendant which shall be pending in 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 Territory as defend

Assembling of legislature.

of Senators and Representative..

SEC. 34. That the members of the legislature elected at the election herein before provided for may assemble at Phoenix, organize, and elect two Senators of the United States in the manner now prescribed Certifying election by the Constitution and laws of the United States; and the governor and secretary of state of the proposed State shall certify the election of the Senators and Representative in the manner required by law, and the Senators and Representative 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 pursuance of said constitution, as provided by the constitutional convention, shall proceed to exercise all the functions of state officers; Territorial laws con- and all laws of said Territory in force at the time of its admission into the Union shall be in force in said State until changed by the legislature of said State, except as modified or changed by this Act or by the United States laws. 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.

Operation of State government.

tinued.

Appropriation for election and convention expenses.

Proviso.

SEC. 35. 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 Arizona, 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. Approved, June 20, 1910.

CHAP. 311. —An Act To amend sections twenty-five hundred and eighty-six and twenty-five hundred and eighty-seven of the Revised Statutes of the United States, as amended by the Acts of April twenty-fifth, eighteen hundred and eighty-two, and August twenty-eighth, eighteen hundred and ninety, relating to collection districts in Oregon.

Excess by State.
Expenditures.

June 22, 1910. [S. 538.] [Public, No. 220.]

Customs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-five hundred and eighty-six of the Revised Statutes of the United States be districts. amended so as to read as follows:

"SEC. 2586. There shall be in the State of Oregon four collection districts, as follows:

Oregon collection

R.S.. sec. 2586, p. 513, amended. Vol. 22, p. 48.

Coos Bay.

Ports of entry and delivery.

"First. The district of Coos Bay, to comprise all of the waters and shores of that part of the State of Oregon lying south and east of the north bank of the Siuslaw River and west of the summit of the Coast Range of mountains; in which Coos Bay, in Coos County, shall be the port of entry, and Ellensburg, at the mouth of the Rogue River; Port Orford and Gardiner, on the Umpqua River, ports of delivery. "Second. The district of Yaquina, to comprise all the waters and Yaquina. shores lying north and east of the north bank of the Siuslaw River to the forty-fifth degree of north latitude and west of the summit of the Coast Range of mountains; in which Yaquina shall be the port of entry and Newport a port of delivery.

"Third. The district of Astoria, to comprise all the waters and shores lying within the territory described as follows: Beginning at the summit of the Coast Mountains, on the forty-fifth degree north latitude, running thence west to the Pacific Ocean, thence north to where the north bank of the Columbia River intersects the Pacific Ocean, thence easterly and southerly along but excluding the north bank of the Columbia River to where one hundred and twenty-two degrees forty-six minutes fifty-five seconds west longitude intersects forty-five degrees fifty-one minutes north latitude, thence westerly to the summit of the Coast Mountains, thence southerly along the summit of said Coast Mountains to the place of beginning; in which Astoria shall be the port of entry.

"Fourth. The district of Portland, to comprise all the waters and shores in the State of Oregon, excluding the north bank of the Columbia River between the States of Oregon and Washington, not described in the collection districts of Coos Bay, Yaquina, and Astoria; in which Portland shall be the port of entry.'

SEC. 2. That section twenty-five hundred and eighty-seven of the Revised Statutes of the United States be amended so as to read as follows:

“SEC. 2587. There shall be in the collection districts in the State of Oregon the following officers:

"First. In the district of Coos Bay a collector, who shall reside at Empire City, and three deputy collectors, who may be appointed by the collector, with the approval of the Secretary of the Treasury, and of whom one shall reside at Ellensburg, one at Port Orford, and one at Gardiner.

"Second. In the district of Yaquina a collector, who shall reside at Yaquina, and who shall receive a salary of one thousand dollars a year,

Ports of entry and delivery.

Astoria.

Port of entry.

Portland.

Port of entry.

Officers.

R.S., sec.2587, p. 513,
amended.
Vol. 22, p. 48.
Coos Bay.

Yaquina.