.g., the Northwest Territory Ordinance of
1787, cease to have any operative force when the territory, or any part
thereof, is admitted to the Union, except as adopted by State law.[235]
When the enabling act contains no exclusion of jurisdiction as to crimes
committed on Indian reservations by persons other than Indians, State
courts are vested with jurisdiction.[236] But the constitutional
authority of Congress to regulate commerce with Indian tribes is not
inconsistent with the equality of new States,[237] and conditions
inserted in the New Mexico Enabling Act forbidding the introduction of
liquor into Indian territory were therefore valid.[238]
CITIZENSHIP OF INHABITANTS
Admission of a State on an equal footing with the original States
involves the adoption as citizens of the United States of those whom
Congress makes members of the political community, and who are
recognized as such in the formation of the new State.[239]
JUDICIAL PROCEEDINGS
Whenever a territory is admitted into the Union, the cases pending in
the territorial court which are of exclusive federal cognizance are
transferred to the federal court having jurisdiction over the area;
cases not cognizable in the federal courts are transferred to the
tribunals of the new State, and those over which federal and State
courts have concurrent jurisdiction may be transferred either to the
State or federal courts by the party possessing that option under
existing law.[240] Where Congress neglected to make provision for
disposition of certain pending cases in an Enabling Act for the
admission of a State to the Union, a subsequent act supplying the
omission was held valid.[241] After a case, begun in a United States
court of a territory, is transferred to a State court under the
operation of the enabling act and the State constitution, the appellate
procedure is governed by the State statutes and procedure.[242] The new
State cannot, without the express or implied assent of Congress, enact
that the records of the former territorial court of appeals should
become records of its own courts, or provide by law for proceedings
based thereon.[243]
PROPERTY RIGHTS: UNITED STATES _v._ TEXAS
Holding that a "mere agreement in reference to property" involved "no
question of equality of status," the Supreme Court upheld, in Stearns
_v._ Minnesota,[244] a promise exacted from Minnesota upon its admission
to the Union which was interpreted to limit its right t
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