Chapter 1305. To divide Washington into two judicial districts
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CHAP. 1305.— An Act To divide Washington into two judicial districts. March 2, 1905. [[H. R. 2531](/us/bill/58/hr/2531).] [[Public, No. 125](/us/pl/58/125).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, United States courts.Washington eastern judicial district established.Vol. 25, p. 682, amended. That all that portion of the State of Washington which includes the counties of Stevens, Ferry, Okanogan, Chelan, Spokane.
Lincoln, Douglas, Adams, Franklin, Wallawalla, Garfield, Columbia. Asotin, Whitman, Yakima, Klickitat, Kittitas, and any and all Indian reservations in one or more of said counties, and such other counties as may be created in that portion of the State of Washington lying east of the Cascade Mountains, with the waters thereof is hereby detached from the judicial district of Washington and made a separate judicial district, and shall be called “the eastern district of Washington,” and the residue of said State of Washington, with the waters thereof, shall hereafter be the western district of Washington.
Sec. 2. Judge for western district. That the district judge of the judicial district of Washington as heretofore constituted, and in office at the time this Act takes effect, shall be the district judge for the western judicial district of WashingtonClerk. as constituted by this Act. That the clerk of the circuit court and the clerk of the district court in said judicial district of Washington as heretofore constituted, and in office at the time this Act takes effect, shall be the clerks of the circuit and district courts of the western judicial district of Washington, respectively, as hereby constituted, until their successors, respectively, shall be appointed and qualified.
Attorney, etc.The district attorney, assistant district attorneys, marshal, deputy marshals, deputy clerks, and referees in bankruptcy resident in said western judicial district of Washington as constituted by this Act shall continue in office and continue to be such officers in such western district until the expiration of their respective terms of office as heretofore fixed by law or until their successors shall be duly appointed and qualified. Sec. 3. Appointment of judge for eastern district.Duties.
That the President of the United States, by and with the advice and consent of the Senate, shall appoint a district judge for the eastern judicial district of Washington, who shall possess and exercise all the powers conferred try existing law upon the judges of the district courts of the United States, and who shall, as to all business and proceedings arising in said eastern judicial district as hereby constituted or transferred thereto, succeed to and possess the same powers and perform the same duties within the said eastern judicial district as are now possessed by and performed by the district judge for the district of Washington.
Sec. 4. Marshal, etc. That the President of the United States, by and with the advice and consent of the Senate, shall appoint a marshal and district attorney for the said eastern judicial district of Washington as hereby constituted, who shall, within their respective jurisdictions, possess and exercise all the powers conferred by existing law upon the marshals and district attorneys of the United States, respectively. Sec. 5. Present officers. That all other officers residing within the eastern judicial district of the State of Washington as hereby constituted shall cease to be such officers when their successors are appointed and qualified.
Sec. 6. Vacancies. That the office of marshal and district attorney in each of said districts, deputy marshals and assistant district attorneys, and all other offices authorized by law and made necessary by the creation of said two districts and the provisions of this Act, and all vacancies created thereby in either of said districts as constituted by this Act, shall Salaries, etc.be filled in the manner provided by law. The salaries, pay, fees, and allowances of the judges, district attorneys, marshals, and other officers in said districts, except clerks, until changed by law, shall be the same, respectively, as now fixed by law for such officers in the judicial district of Washington as heretofore constituted, and the clerks for said 825districts shall receive the same fees and emoluments as are now prescribed by law for the clerks of the circuit and district courts of the northern district of California.
Sec. 7. That all causes and proceedings of every name and nature,Jurisdiction of eastern district. except criminal, now pending in the courts of the judicial district of Washington as heretofore constituted, whereof the courts of the eastern judicial district of Washington as hereby constituted would have had jurisdiction if said district and the courts thereof had liven constituted when said causes or proceedings were instituted, shall be, and are hereby, transferred to and the same shall be proceeded with in the eastern judicial district of Washington as hereby constituted, and to that end jurisdiction over the same is hereby vested in the courts of said eastern judicial district, and the records and proceedings therein and relating to said proceedings and causes shall he certified and transferred thereto; and all causes and proceedings of every name andWestern district. nature, except criminal, now pending in the courts of the judicial district of Washington as heretofore constituted, whereof the courts of the western judicial district of Washington as hereby constituted would have had jurisdiction if said district and the courts thereof had been constituted when said causes or proceedings were instituted, shall be, and are hereby, transferred to and the same shall he proceeded with in the western judicial district of Washington as herein constituted, and jurisdiction over the same is hereby vested in the courts of said western judicial district, and the records and proceedings therein and relating to said proceedings and causes shall be certified and transferred thereto: *Provided,* That all motions and causes submitted, and*Proviso*.Pending causes, etc., except criminal. all causes and proceedings, except criminal, including proceedings in bankruptcy, now pending in said judicial district of Washington as heretofore constituted, in which the evidence has been taken in whole or in part before, the present district judge of the judicial district of Washington as heretofore constituted, or taken in whole or in part and submitted and passed upon by the said district judge, shall be proceeded with and disposed of in said western judicial district of Washington as constituted by this Act.
Sec. 8. That the regular terms of the circuit and district courts ofTerms, western district. the United States for the western district of Washington shall be held at the following times and places, namely: At Seattle, beginning onSeattle and Tacoma.Vol. 25, p. 682. the first Tuesday in November and May of each year, and at the city of Tacoma, beginning on the first Tuesday in February and July of each year. That the regular terms of theTerms of eastern district. circuit and district courts of the United States for the eastern district of Washington shall be held at the following times and places, namely:
At the city of Spokane, beginningSpokane, Walla Walla, and North Yakima. on the first Tuesday in September and April of each year: at the city of Walla Walla, beginning on the first Tuesday of December and June of each year; and at the city of North Yakima, beginning on the first Tuesday in Slay and October of each year; and at such otherVol. 25, p. 682. times and places as may hereafter be provided by law. Sec. 9. That the terms of said courts shall not be limited to anyTerms not limited. particular number of days, nor shall it be necessary to adjourn by reason of the intervention of a term elsewhere: but the court intervening may be adjourned until the business of the court in session is concluded.
Sec. 10. That the State of Washington shall continue as heretoforeTrial of present criminal cases. to constitute one judicial district, and the United States circuit court and the United States district court for said district are continued in existence with all the jurisdiction and powers of each, respectively, for the purpose of holding and taking cognizance of criminal causes pending, or which may be hereafter commenced and prosecuted for 826criminal offenses against the laws of the United States, committed in any part of said State previous to the time when this Act takes effect, and when necessary to obtain indictments, or for the trial of any such Jurors.case or cases, jurors, grand and petit, shall be selected, drawn, and summoned from the entire State, and such causes shall be commenced and prosecuted in the same manner as if this Act had never been passed.
Sec. 11. Repeat That all laws and parts of laws so far as inconsistent with the provisions of this Act are hereby repealed. Sec. 12. Effect. That this Act shall take effect from and after its approval by the President. Approved, March 2, 1905.