Page:United States Statutes at Large Volume 34 Part 1.djvu/1317

 _ FIFTY-NINTH CONGRESS. Sess. II. C11. 2911. 1907. 1287 "Prosecutions for all crimes and offenses committed within the mP';’f,"£;*I{f,';’{_g;g§¤d· Territory of Oklahoma or in the Indian Territory, ending in the dis- g ' trict courts of the Territory of Oklahoma or in the lfinited 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 '1;1ry¤¤sf¤r to cirvuir proceeded with in the United States circuit or district court established °r Bmw °°°"‘ y 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 cu{§Qgg§§°¤ °* °*· within either of said Territories and nding in the supreme court of ` the Territory of Oklahoma, or in the United States court of appeals in the Indian Territor, 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 atlirmauce or reversal by the circuit court of a judgment 'in any such case, like proceedings shall be had, and like appeals and writsof error allowed, as is provided in this section of this Act in civil cases." Sec. 2. That section seventeen of said Act is hereby amended so as to read as follows: " “Sec. 17. That all causes, proceedings, and matters, civil or stQ&¤§¤_jl¤ml:; criminal, qeudin in the supreme court of the Territory of Oklahoma, com. P or in the nitef States court of appeals in the Indian Territory, not ,df""·*’·”°· °‘“°“"‘ 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 n¤v1¤w,em. 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." ` Sec. 3. That section twenty of said Act is hereby amended so as to read as follows: “Sec. 20. That all causes, proceediigs, and matters, civil or crim- ,,§,*§§‘,} °’,f,“°§;s$§§*é; inal, pending in the district courts of klahoma Territory, or in the :g`·:“£¤:§*#m{;§¤;p United States courts in the Indian Territory, at the time said Terri- ,m¤,p.m1.»¤»¤.1Z tories become a State, not transferred to the United States circuit or ""· district courts in the State of Oklahoma, shall be proceeded with, held, and determined by the courts of said State, the successors of said district courts of the Territory of Oklahoma, and the United States . courts in the Indian Territory; with the right to prosecute appeals or Appe¤l¤.¤¤~. writs of error to the supreme or appellate court o said State, and also with the same right to prosecute appeals or writs of error from the final determination in such cases made by the supreme or appellate court of such State to the Supreme Court of the ’nited States, as is rovided by law for a peals and writs of error from the supreme of dual appellate court ofpa. State to the Supreme Court of the United _ _ States. All criminal cases pending in the United States courts in the m;;¤‘**“g °’“’““*‘ Indian Territor, not transferred to the United States circuit or dis- D trict courts in the State of Oklahoma, shall be prosecuted to a final determination in the State courts of Oklahoma under the laws now in force in that Territory." Sec. 4. That original sections sixteen, seventeen, and twent of an §$,{’§"Qg,_2;5_ 2;-_ Act entitled "An Act to enable the people of Oklahoma andy of the Indian Territory to form a constitution and State government and be admitted into the Union on an equal footin with the original States; and toenable the people of New Mexico and Arizona to form a