admitted into the Union, shall continue and be respectively executed, proceeded with, determined, enforced and protected under the laws of the State. Sec. 10. All undertakings, bonds, obligations and recognizances in force at the time the State shall be admitted into the Union, which were executed to the Territory of Montana, or any officer thereof in his official capacity, or to any official board for the benefit of the Territory of Montana, are hereby respectively assigned and transferred to the State of Montana, to the State officer successor to said Territorial officer, or to the official board successor to the aforesaid official board, for the use of the State, as the case may be, and shall be as valid and binding as if executed under State law to the State, or State officer in his official capacity, or official board, for the benefit of the State; and all fines, taxes, penalties and forfeitures due or owing to the Territory of Montana or to any county, school district, or municipality therein, at the time the State shall be admitted into the Union, are hereby respectively assigned and transferred, and the same shall be payable to the State, county, school district or municipality, as the case may be, and payment thereof may be enforced under the laws of the State. Sec. 11. All property, real and personal, and all moneys, credits, claims, demands and causes in action of every kind, belonging to the Territory of Montana at the time the State shall be admitted into the Union, are hereby assigned and transferred to, and shall be vested in, and become the property of the State of Montana. Sec. 12. All obligations of the Territory of Montana, existing, in force and unpaid at the time of the admission of the State into the Union are hereby assumed by the State which shall and will well and truly pay the same. Sec. 13. All matters, cases and proceedings, pending in any Probate Court in the Territory of Montana at the time the State shall be admitted into the Union, and all official records, files, moneys and other property of, or pertaining to such court, are hereby transferred to the District Court in and for the same county, and such District Court shall have full power and jurisdiction to hear, determine and dispose of all such matters, cases and proceedings. Sec. 14. All actions, cases and proceedings, and matters which shall be pending in the Supreme and District Courts of Mon tana Territory at the time of the admission of the State into the Union, whereof the United States Circuit or District Court might have had jurisdiction, had such court existed at the commencement of such actions, cases, proceedings and matters, respectively, shall be transferred to said United States Circuit and District Courts respectively; and all the files, records, indictments and proceedings relating to such actions, cases, proceedings and matters shall be transferred to said United States courts: Provided, that no civil action, cause or proceeding to which the United States is not a party shall be transferred to either of said United States courts except upon written request of one of the parties thereto and in the absence of such request, such cases shall be proceeded with in the proper State courts. Sec. 15. All actions, cases, proceedings and matters pending in the Supreme and District Courts of the Territory of Montana at the time the State shall be admitted into the Union, and all files, records and indictments relating thereto, except as otherwise provided herein, shall be appropriately transferred, as may be proper to the Supreme and District Courts of the State, respectively, and all such actions, cases and matters shall be proceeded with in the proper State courts. Sec. 16. Upon a change from a Territorial to a State government, and until otherwise provided by law, the Great Seal of the Territory shall be deemed and taken to be the Great Seal of the State of Montana. Sec. 17. All territorial, county and township officers now occupying their respective positions under the laws of the Territory of Montana, or of the United States of America, shall continue and remain in their respective official positions and per form the duties thereof as now provided by law after the State is admitted into the Union, and shall be considered State officers until their successors in office shall be duly elected and qualified, as provided by ordinance, notwithstanding any inconsistent provisions in this Constitution, and shall be entitled to the same compensation for their services as is now established by law: Provided, that the compensation for justices of the Supreme Court, Governor and Secretary of the Territory shall be paid by the State of Montana. Done in open convention at the city of Helena, in the Territory of Montana, this seventeenth day of August, in the year of our Lord one thousand eight hundred and eightynine. WILLIAM A. CLARK, President. E. D. AIKEN. WALTER M. BICKFORD. J. F. BRAZLETON. PETER BREEN. SIMON R. BUFORD. WILLIAM MASON BULLARD. WALTER A. BURLEIGH. ALEX F. BÚRNS. ANDREW J. BURNS. EDWARD BURNS. JAMES E. CALLAWAY. WILLIAM A. CHESSMAN. TIMOTHY E. COLLINS. CHARLES E. CONRAD. WALTER COOPER. THOMAS F. COURTNEY. ARTHUR J. CRAVEN. W. W. DIXON. D. M. DURFEE. WILLIAM DYER. GEORGE O. EATON. WILLIAM T. FIELD. J. E. GAYLORD. PARIS GIBSON. WARREN C. GILLETTE. O. F. GODDARD. FIELDING L. GRAVES. R. E. HAMMOND. CHARLES S. HARTMAN. HENRI J. HASKELL. LUKE D. HATCH. LEWIS H. HERSCHFIELD. RICHARD O. HICKMAN. S. S. HOBSON. JOSEPH HOGAN. THOMAS JOYES. ALLEN R. JOY. LLEWELLYN A. LUCE. MARTIN MAGINNIS. J. E. MARION. CHARLES S. MARSHALL. WM. MAYGER. P. W. M'ADOW. C. R. MIDDLETON. SAMUEL MITCHELL. WILLIAM MUTH. ALFRED MYERS. WILLIAM PARBERRY. W. R. RAMSDELL. G. J. REEK. JOHN C. ROBINSON. L. ROTWITT. J. E. RICKARDS. FRANCIS E. SARGEANT. LEOPOLD F. SCHMIDT. GEORGE W. STAPLETON. JOSEPH K. TOOLE. J. R. TOOLE. CHARLES S. WARREN. WILLIAM H. WATSON. CHAS. M. WEBSTER. H. R. WHITEHILL. AARON C. WITTER. DAVID G. BROWN. |