ARIZONA ENABLING ACT
Act
June 20, 1910, c. 310, 36 U.S.Stat. 557, 568—579
Sections 1 to 18, inclusive of the Act of June 20, 1910,
enabled the people of Territory of New
Mexico to form a constitution and state government.
Sec. 19.
Sec. 19. That the qualified electors of the Territory of
Arizona are hereby authorized to vote for
and
choose delegates to form a constitutional convention for said Territory for the
purpose of framing
a
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
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 qualified electors of
said county: Provided,
however, that there need not be 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 of Arizona, nineteen hundred and one.
And the provisions
of
this section shall apply to all voters at all elections for the election of
delegates 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.
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 constitution 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..2
Sec. 20.
Sec. 20. That the delegates to the convention thus elected
shall meet in the hall of the house of
representatives
in the capitol 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 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 without the consent
of the United
States
and the people of said State—
First.
That perfect toleration of religious sentiment shall be 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 cohabitation, and the sale,
barter, or giving
of
intoxicating liquors to Indians, and the introduction of liquors into Indian
country are forever
prohibited.
Second.
That the people inhabiting said proposed State do agree and declare that they
forever
disclaim
all right and title to the unappropriated 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
property
belonging
to citizens of the United States residing without the said State shall never be
taxed at a
higher
rate than the lands and other property belonging to residents thereof; that no
taxes shall be
imposed
by the State upon lands or property therein belonging to or which may hereafter
be acquired
by
the United States or reserved for its use; but nothing herein, or in the
ordinance herein provided
for,
shall preclude the said State from taxing as other lands and other property are
taxed any lands and
other
property outside of an Indian reservation owned or held by any Indian, save and
except such
lands
as have been granted or acquired as aforesaid or as may be granted or confirmed
to any Indian
or
Indians under any Act of Congress, but said ordinance shall provide that all
such lands shall be
exempt
from taxation by said State so long and to such extent as Congress has
prescribed or may
hereafter
prescribe.
Third.
That the debts and liabilities of said Territory of Arizona, and the debts of
the counties
thereof,
which shall be valid and subsisting at the time of the passage of this Act,
shall be assumed
and
paid by said proposed State, and that said State shall, as to all such debts
and liabilities, be
subrogated
to all the rights, including rights of indemnity and reimbursement, existing in
favor of said
Territory
or of any of the several counties thereof at the time of the passage of this
Act: Provided that
nothing
in this Act shall be construed as validating or in any manner legalizing any
territorial, county,
municipal,
or other bonds, obligations, or evidences of indebtedness of said Territory or
the counties
or
municipalities thereof which now are or may be invalid or illegal at the time
said proposed State is
admitted,
nor shall the Legislature of said proposed State pass any law in any manner
validating or
legalizing
the same.
Fourth.
That provisions shall be made for the establishment and maintenance of a system
of
public
schools which shall be open to all the children of said State and free from
sectarian control;
and
that said schools shall always be conducted in English.
Fifth.
That said State shall never enact any law restricting or abridging the right of
suffrage on
account
of race, color, or previous condition of servitude, and that ability to read,
write, speak, and
understand
the English language sufficiently well to conduct the duties of the office
without the aid of.3
an
interpreter shall be a necessary qualification for all state officers and
members of the state
legislature.
Sixth.
That the capital of said State shall, until changed by the electors voting at
an election
provided
for by the legislature of said State for that purpose, be at the City of
Phoenix, but no election
shall
be called or provided for prior to the thirty-first day of December, nineteen
hundred and
twenty-five.
Seventh.
That there be and are reserved to the United States, with full acquiescence of
the State,
all
rights and powers for the carrying out of the provisions by the United States
of the Act of
Congress
entitled “An act appropriating the receipts from the sale and disposal of
public lands in
certain
States and Territories to the construction of irrigation works for the
reclamation of arid lands,”
approved
June seventeenth, nineteen hundred and two, and Acts amendatory thereof or
supplementary
thereto, 1
to
the same extent as if said State had remained a Territory.
Eighth.
That whenever hereafter any of the lands contained within Indian reservations
or
allotments
in said proposed State shall be allotted, sold, reserved, or otherwise disposed
of, they shall
be
subject, for a period of twenty-five years after such allotment, sale,
reservation, or other disposal,
to
all the laws of the United States prohibiting the introduction of liquor into
the Indian country.
Ninth.
That the State and its people consent to all and singular the provisions of
this Act
concerning
the lands hereby granted or confirmed to the State, the terms and conditions
upon which
said
grants and confirmations are made, and the means and manner of enforcing such
terms and
conditions,
all in every respect and particular as in this Act provided.
All
of which ordinance described in this section shall, by proper reference, be
made a part of any
constitution
that shall be formed hereunder, in such terms as shall positively preclude the
making of
any
future constitutional amendment of any change or abrogation of the said
ordinance in whole or in
part
without the consent of Congress.
1
See
43 U.S.C.A §§ 372, 373, 381, 383, 391, 392, 411, 416,
419,
421, 431, 432, 434, 439, 461, 476, 491, 498.
Sec. 21.
Sec. 21. That when said constitution shall be formed, as
aforesaid, the convention forming the
same
shall provide for the submission of said constitution to the people of Arizona
for ratification at
an
election which shall be held on a day named by said convention not earlier than
sixty nor later than
ninety
days after said convention adjourns, at which election the qualified voters of
Arizona shall vote
directly
for or against said constitution and for or against any provisions thereof
separately submitted.
The
returns of said election shall be made by the election officers direct to the
secretary of the
Territory
of Arizona at Phoenix, who, with the governor and chief justice of said
Territory, shall
constitute
a canvassing board, and they or any two of them, shall meet at said city of
Phoenix on the
third
Monday after said election and shall canvass the same. If a majority of the
legal votes cast at
said
election shall reject the constitution, the said canvassing board shall
forthwith certify said result
to
the governor of said Territory together with the statement of votes cast upon
the question of the
ratification
or rejection of said constitution and also a statement of the votes cast for or
against such
provisions
thereof as were separately submitted to the voters at said election; whereupon
the governor
of
said Territory shall, by proclamation, order the constitutional convention to
reassemble at a date
not
later than twenty days after the receipt by said governor of the documents
showing the rejection of
the
constitution by the people, and thereafter a new constitution shall be framed
and the same
proceedings
shall be taken in regard thereto in like manner as if said constitution were
being
originally
prepared for submission and submitted to the people.
Sec. 22.
Sec. 22. That when said constitution and such
provisions thereof as have been separately
submitted
shall have been duly ratified by the people of Arizona, as aforesaid, a
certified copy of the
same
shall be submitted to the President of the United States and to Congress for
approval, together.4
with
the statement of the votes cast thereon and upon any provisions thereof which
were separately
submitted
to and voted upon by the people. And if Congress and the President approve said
constitution
and the said separate provisions thereof, if any, or if the President approves
the same and
Congress
fails to disapprove the same during the next regular session thereof, then and
in that event
the
President shall certify said facts to the governor of Arizona, who shall,
within thirty days after the
receipt
of said notification from the President of the United States, issue his
proclamation for the
election
of the state and county officers, the members of the state legislature, and
Representative in
Congress,
and all other officers provided for in said Constitution, all as hereinafter
provided; said
election
to take place not earlier than sixty days nor later than ninety days after said
proclamation by
the
governor of Arizona ordering the same.
Sec. 23.
Sec. 23. That said constitutional convention shall, by
ordinance, provide that in case of the
ratification
of said constitution by the people, and in case the President of the United
States and
Congress
approve the same, or in case the President approve the same and Congress fails
to act in its
next
regular session, all as hereinbefore provided, an election shall be held at the
time named in the
proclamation
of the governor of Arizona, provided for in the preceding section, at which
election of
officers
for a full state government, including a governor, members of the legislature,
one
Representative
in Congress, and such other officers as such constitutional convention shall
prescribe,
shall
be chosen by the people. Such election shall be held, the returns thereof made,
canvassed, and
certified
to by the Secretary of said Territory, in the same manner as in this Act
prescribed for the
making
of the returns, the canvassing and certification of the same of the election
for the ratification
or
rejection of said constitution, as hereinbefore provided, and the
qualifications of the voters at said
election
for all state officers, members of the legislature, County officers, and
Representative in
Congress,
and other officers prescribed by said constitution shall be made the same as
the
qualifications
of voters at the election for the ratification or rejection of said
constitution, as
hereinbefore
provided. When said election of state and county officers, members of the
legislature,
and
Representative in Congress, and other officers above provided for shall be held
and the returns
thereof
made, canvassed, and certified, as hereinbefore provided, the governor of the
Territory of
Arizona
shall certify the result of said election as canvassed and certified, as herein
provided, to the
President
of the United States, who thereupon shall immediately issue his proclamation
announcing
the
result of said election so ascertained, and upon the issuance of said
proclamation by the President
of
the United States the proposed State of Arizona shall be deemed admitted by
Congress into the
Union
by virtue of this Act on an equal footing with other States. Until the issuance
of said
proclamation
by the President of the United States, and until the said State is so admitted
into the
Union
and said officers are elected and qualified under the provisions of the
Constitution, the County
and
Territorial officers of said Territory, including the Delegate in Congress
thereof elected in the
general
election in nineteen hundred and eight, shall continue to discharge the duties
of their
respective
offices in and for said Territory: Provided, that no session of the
Territorial Legislative
Assembly
shall be held in nineteen hundred and eleven.
Sec. 24.
Sec. 24. That in addition to sections sixteen and
thirty-six heretofore reserved for the Territory of
Arizona,
sections two and thirty-two in every township in said proposed State not
otherwise
appropriated
at the date of the passage of this Act are hereby granted to the said State for
the support
of
common schools; and where sections two, sixteen, thirty-two, and thirty-six, or
any part thereof,
are
mineral, or have been sold, reserved, or otherwise appropriated or reserved by
or under the
authority
of any Act of Congress, or are wanting or fractional in quantity, or where
settlement thereon
with
a view to pre-emption or homestead, or improvement thereof with a view to
desert-land entry
has
been made the survey thereof in the field, the provisions of sections
twenty-two hundred and
seventy-five
and twenty-two hundred and seventy-six of the Revised Statutes, and Acts
amendatory.5
thereof
or supplementary thereto,1 are hereby made applicable thereto and to the
selection of lands in
lieu
thereof to the same extent as if sections two and thirty-two, as well as
sections sixteen and thirty-six,
were
mentioned therein: Provided, however, that the area of such indemnity
selections on account
of
any fractional township shall not in any event exceed an area which, when added
to the area of the
above-named
sections returned by the survey as in place, will equal four sections for
fractional
townships
containing seventeen thousand two hundred and eighty acres or more, three
sections for
such
townships containing eleven thousand five hundred and twenty acres or more, two
sections for
such
townships containing five thousand seven hundred and sixty acres or more, nor
one section for
such
townships containing six hundred and forty acres or more: And provided
further, that the grants
of
sections two, sixteen, thirty-two, and thirty-six to said State, within
national forests now existing or
proclaimed,
shall not vest the title to said sections in said State until the part of said
national forests
embracing
any of said sections is restored to the public domain; but said granted
sections shall be
administered
as a part of said forests, and at the close of each fiscal year there shall be
paid by the
Secretary
of the Treasury to the State, as income for its common school fund, such
proportion of the
gross
proceeds of all the national forests within said State as the area of lands
hereby granted to said
State
for school purposes which are situated within said forest reserves, whether
surveyed or
unsurveyed,
and for which no indemnity has been selected, may bear to the total area of
said sections
when
unsurveyed to be determined by the Secretary of the Interior, by protraction or
otherwise, the
amount
necessary for such payments being appropriated and made available annually from
any
money
in the Treasury not otherwise appropriated.
1
See
43 U.S.C.A. §§ 851, 852.
Sec. 25.
Sec. 25. That in lieu of the grant of land for purposes
of internal improvements made to new
States
by the eighth section of the Act of September fourth, eighteen hundred and
forty-one,1
and
in
lieu
of the swamp land grant made by the Act of September twenty-eight, eighteen
hundred and fifty,2
and
section twenty-four hundred and seventy-nine of the Revised Statutes,3 and in lieu of
the grant of
thirty
thousand acres for each Senator and Representative in Congress, made by the Act
of July
second,
eighteen hundred and three,4 which grants are hereby declared not to extend to
the said State,
the
following grants are hereby made, to-wit:
For
university purposes, two hundred thousand acres; for legislative, executive,
and judicial
public
buildings heretofore erected in said Territory or to be hereafter erected in the
proposed State,
and
for the payment of the bonds heretofore or hereafter issued therefor, one
hundred thousand acres;
for
penitentiaries, one hundred thousand acres; for insane asylums, one hundred
thousand acres; for
school
and asylums for the deaf, dumb, and blind, one hundred thousand acres; for
miners’ hospitals
for
disabled miners, fifty thousand acres; for normal schools, two hundred thousand
acres; for state
charitable,
penal, and reformatory institutions, one hundred thousand acres; for agricultural
and
mechanical
colleges, one hundred and fifty thousand acres; and the national appropriation
heretofore
annually
paid for the agricultural and mechanical college to said Territory shall until
further order of
Congress,
continue to be paid to said State for the use of said institution; for school
of mines, one
hundred
and fifty thousand acres; for military institutes, one hundred thousand acres;
and for the
payment
of the bonds and accrued interest thereon issued by Maricopa, Pima, Yavapai,
and Coconino
Counties,
Arizona, which said bonds were validated, approved, and confirmed by the Act of
Congress
of
June sixth, eighteen hundred and ninety-six (Twenty-ninth Statutes, page two
hundred and
sixty-two)
one million acres: Provided, that if there shall remain any of the one
million acres of land
so
granted, or of the proceeds of the sale or lease thereof, or rents, issues, or
other profits therefrom,
after
the payment of said debts, such remainder of lands and the proceeds of sales thereof
shall be
added
to and become a part of the permanent school fund of said State, the income
therefrom only to
be
used for the maintenance of the common schools of said State.
1
Sec
43 U.S.C.A. § 857.
2
See
43 U.S.C.A. § 982 et seq..6
3
See
43 U.S.C.A. § 982.
4
Probably
should read “eighteen hundred and sixty-two”. See 7 U.S.C.A. § 301 et seq.
Sec. 26.
Sec. 26. That the schools, colleges, and universities
provided for in this Act shall forever remain
under
the exclusive control of the said State, and no part of the proceeds arising
from the sale or
disposal
of any lands granted herein for educational purposes shall be used for the
support of any
sectarian
or denominational school, college, or university.
Sec. 27.
Sec. 27. That five per centum of the proceeds of sales of
public lands lying within said State
which
shall be sold by the United States subsequent to the admission of said State
into the Union,
after
deducting all the expenses incident to such sales, shall be paid to the said
State to be used as a
permanent
inviolable fund, the interest of which only shall be expended for the support
of the
common
schools within said State.
Sec. 28.
Sec. 28. That it is hereby declared that all lands hereby
granted, including those which, having
been
heretofore granted to said Territory, are hereby expressly transferred and
confirmed to the said
State,
shall be by the said State held in trust, to be disposed of in whole or in part
only in manner as
herein
provided and for the several objects specified in the respective granting and
confirmatory
provisions,
and that the natural products and money proceeds of any of said lands shall be
subject to
the
same trusts as the lands producing the same.
Disposition
of any of said lands, or of any money or thing of value directly or indirectly
derived
therefrom,
for any object other than for such particular lands, or the lands from which
such money or
thing
of value shall have been derived, were granted or confirmed, or in any manner
contrary to the
provisions
of this Act, shall be deemed a breach of trust.
No
mortgage or other encumbrance of the said lands, or any part thereof, shall be
valid in favor of
any
person or for any purpose or under any circumstances whatsoever. Said lands
shall not be sold or
leased,
in whole or in part, except to the highest and best bidder at a public auction
to be held at the
county
seat of the county wherein the lands to be affected, or the major portion
thereof, shall lie,
notice
of which public auction shall first have been duly given by advertisement,
which shall set forth
the
nature, time, and place of transaction to be had, with a full description of
the lands to be offered,
and
be published once each week for not less than ten successive weeks in a
newspaper of general
circulation
published regularly at the state capital, and in that newspaper of like
circulation which
shall
then be regularly published nearest to the location of the lands so offered;
nor shall any sale or
contract
for the sale of any timber or other natural product of such lands be made, save
at the place, in
the
manner, and after the notice by publication provided for sales and leases of
the lands themselves.
Nothing
herein contained shall prevent: (1) the leasing of any of the lands referred to
in this section,
in
such manner as the Legislature of the State of Arizona may prescribe, for
grazing, agricultural,
commercial,
and domestic purposes, for a term of ten years or less; (2) the leasing of any
of said
lands,
in such manner as the Legislature of the State of Arizona may prescribe,
whether or not also
leased
for grazing and agricultural purposes, for mineral purposes, other than for the
exploration,
development,
and production of oil, gas, and other hydrocarbon substances, for a term of
twenty years
or
less; (3) the leasing of any said lands, whether or not also leased for other
purposes, for the
exploration,
development, and production of oil, gas and other hydrocarbon substances on,
in, or
under
lands for an initial term of twenty years or less and as long thereafter as
oil, gas, or other
hydrocarbon
substance may be produced there from in paying quantities, the leases to be
made in any
manner,
with or without advertisement, bidding, or appraisement, and under such terms
and
provisions
as the Legislature of the State of Arizona may prescribe, the terms and
provisions to.7
include
a reservation of a royalty to said State of not less than 12 1/2 per centum of
production; or (4)
the
Legislature of the State of Arizona from providing by proper laws of the
protection of lessees of
said
lands, whereby such lessees shall be protected in their rights to their
improvements (including
water
rights) in such manner that in case of lease or sale of said lands to other
parties the former
lessee
shall be paid by the succeeding lessee or purchaser the value of such
improvements and rights
placed
thereon by such lessee. As amended June 5, 1936, c. 517, 49 Stat. 1477; June 2,
1951, c. 120,
65
Stat. 51.
All
lands, leaseholds, timber and other products of land, before being offered,
shall be appraised
at
their true value, and no sale or other disposal thereof shall be made for a
consideration less than the
value
so ascertained, nor upon credit unless accompanied by ample security, and the
legal title shall
not
be deemed to have passed until the consideration shall have been paid. As
amended June 5, 1936,
c.
517, 49 Stat. 1477.
No
lands shall be sold for less than their appraised value, and no lands which are
or shall be
susceptible
of irrigation under any projects now or hereafter completed or adopted by the
United
States
under legislation for the reclamation of lands, or under any other project for
the reclamation of
lands,
shall be sold at less than twenty-five dollars per acre: Provided, that
said State, at the request of
the
Secretary of the Interior, shall from time to time relinquish such of its lands
to the United States as
at
any time are needed for irrigation 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. As amended
June 5, 1936, c.
517,
49 Stat. 1477.
The
State of Arizona is authorized to exchange any lands owned by it for other
lands, public or
private,
under such regulations as the legislature thereof may prescribe: Provided, That
such
exchanges
involving public lands may be made only as authorized by Acts of Congress and
regulations
thereunder. Added June 5, 1936, c. 517, 49 Stat. 1477.
There
is hereby reserved to the United States and excepted from the operation of any
and all
grants
made or confirmed by this act to said proposed State all land actually or
prospectively valuable
for
the development of water power 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 land so reserved and
excepted shall be
subject
to any disposition whatsoever of 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.
Every
sale, lease, conveyance, or contract of or concerning any of 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 provisions 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.
Sec. 29.
Sec. 29. That all lands granted in quantity, or as
indemnity, by 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 State, and after
its admission into.8
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 eighteen, eighteen hundred and ninety-four (Twenty-eight
Statutes at
Large,
page three hundred and ninety-four)1 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.
1
Sec
43 U.S.C.A. § 863.
Sec. 30.
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.
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. There
shall be appointed
for
said district one district judge, one United States Attorney, 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 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.
Sec. 32.
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 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.9
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.
Sec. 33.
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 jurisdiction of federal courts, it might properly have been begun in or (as
a separate
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 jurisdiction; 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
provisions,
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
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 and undisposed of in the
supreme court of the said
Territory
at the 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
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 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.
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 be.10
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
cases
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 is named
as a party
defendant
which shall be pending in any court of said Territory at the date of its
admission hereunto
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.
Sec. 34.
Sec. 34. That the members of the Legislature elected at
the election hereinbefore provided for
may
assemble at Phoenix, 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 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 he 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; 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 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.
Sec. 35.
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 conventions
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.