Chapter 2073. To divide the judicial district of Nebraska into divisions and to provide for an additional district judge in said district
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CHAP. 2073.— An Act To divide the judicial district of Nebraska into divisions and to provide for an additional district judge in said district. February 27, 1907. [[S. 2769](/us/bill/59/s/2769).] [[Public, No. 133](/us/pl/59/133).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President of the United States courts.Nebraska judicial district.Additional judge appointed.[R. S. sec. 551. p. 93](/us/rs/s551/p93).United States, by and with the advice and consent of the Senate, shall appoint an additional judge of the district court of the United States for the district of Nebraska, who shall reside in said district, and who shall possess the same powers, perform the same duties, and receive the same salary as the present judge of said district. 998 Sec. 2.
Division of business. That the present district judge in said district and the one appointed under this Act shall agree between themselves upon the division of business and assignment of cases for trial in said districts: *Proviso*. *Provided, however*, That in case the said two district judges do not Assignment by circuit judge.agree the senior circuit judge of the eighth circuit shall make all necessary orders for the division of business and the assignment of cases for trial in said district.
Sec. 3. Regular terms. That the regular terms of the circuit and district courts of the United States for said district of Nebraska shall be held at the following times and places, namely: At Omaha, beginning on the fourth Monday in September and the first Monday in April; at Norfolk, beginning on the third Places.Vol. 28, p. 221, amended.Monday in September; at Grand Island, beginning on the second Monday in January; at North Platte, beginning on the first Monday in January; at Chadron, beginning on the second Monday in September; at Lincoln, beginning on the fourth Monday in October and the second Monday in May; at Hastings, beginning on the second Monday in March, and at McCook, beginning on the first Monday in March.
Sec. 4. Special terms. That special terms of the circuit and district courts may be held in said district whenever such special terms are deemed necessary by the judges thereof, and the time or times of holding such special sessions of said courts shall be fixed by the judges either by rule of said courts or by special order of a judge thereof. Sec. 5. Eight divisions established. That for the purpose of holding terms of court in said district of Nebraska said district shall be divided into eight divisions, Divisions.known as the Omaha division, the Norfolk division, the Grand Island division, the North Platte division, the Chadron division, the Lincoln Omaha.division, the Hastings division, and the McCook division.
The territory comprising the counties of Douglas, Sarpy, Washington, Dodge, Colfax, Platte, Nance, Boone, Wheeler, Burt, Thurston, Dakota, Cuming, Cedar, and Dixon shall constitute the Omaha division, all Norfolk.terms of court for which shall be held in the city of Omaha. The territory comprising the counties of Madison, Antelope, Knox, Pierce, Stanton, Wayne, Holt, Boyd, Rock, Brown, and Keyapaha shall constitute the Norfolk division, all terms of court for which Chadron.shall be held at the city of Norfolk.
The territory comprising the counties of Cherry, Sheridan, Dawes, Boxbutte, and Sioux shall constitute the Chadron division, all terms of court for which shall be held Grand Island.at the city of Chadron. The territory comprising the counties of Hall, Merrick, Howard, Greeley, Garfield, Valley, Sherman, Buffalo, Custer, Loup, Blaine, Thomas, Hooker, and Grant shall constitute the North Platte.Grand Island division, all terms of court for which shall be held at the city of Lincoln.Grand Island.
The territory comprising the counties of Lincoln, Dawson, Logan, McPherson, Keith, Deuel, Cheyenne, Kimball, Banner, and Scotts Bluff shall constitute the North Platte division, all terms of court for which shall be held at the city of North Platte. The territory comprising the counties of Cass, Otoe, Johnson, Nemaha, Pawnee, Richardson, Gage, Lancaster, Saunders, Butler, Seward, Saline, Jefferson, Thayer, Fillmore, York, Polk, and Hamilton shall constitute the Lincoln division, all terms of court for which Hastings.shall be held at the city of Lincoln.
The territory comprising the counties of Clay, Nuckolls, Webster, Adams, Kearney, Franklin, Harlan, and Phelps shall constitute the Hastings division, all terms of McCook.court for which shall be held at the city of Hastings. The territory comprising the counties of Gosper, Furnas, Redwillow, Frontier, Hayes, Hitchcock, Dundy, Chase, and Perkins shall constitute the McCook division, all terms of court for which shall be held at the city of *Proviso*.Court room.McCook: *Provided*, That where provision is made herein for holding court at places where there is no Federal buildings, a suitable room in which to hold court, together with light and heat, shall be 999provided by the city or county where such court is held without any expense to the United States.
Sec. 6. That the clerks of the circuit and district Appointment of deputy clerks.courts of said district shall appoint deputy clerks at places where court is required to be held in the divisions of said district in which the clerk himself does not reside, who shall keep their offices and reside at the places appointed for the holding of said courts in the division of such residence and who shall keep the records of such courts in such division, and in the absence of the clerk shall exercise all of the official powers of the clerk within the division for which they are appointed: *Provided*, That the appointment *Proviso*.Court to approve appointment, etc.of each deputy shall be approved by the court he represents and may be removed by said court at its pleasure.
The clerk shall be responsible for the official acts and negligence of his deputies. Sec. 7. That all civil actions not of a local nature, against a single Jurisdiction.Civil suits not of a local nature.defendant, must be brought in the division where said defendant resides; but if there are two or more defendants residing in different divisions of said district the plaintiff may sue in any division in which a defendant resides, and all issues arising in such suit shall be tried in such division unless by consent of the parties, with the approval of the court, the case shall be removed to some other division.
Sec. 8. That all civil actions of a local nature at law or in equity Of a local nature.shall be brought in the division where the subject-matter of the action is located; and where any such action is properly brought in such division and the defendant resides in a different division in said district from that in which the action is brought, the plaintiff may have original and final process against said defendant directed to the marshal of said district. Any such action, at law or in equity, where the land or other subject-matter lies partly in one division and partly in another within said district, may be brought in any division where any part of the land or other subject-matter of the action is situated.
Sec. 9. That all prosecutions for crimes or offenses committed after Prosecution of crimes, etc.the passage of this Act shall be cognizable only in the division of the district where the same was committed, unless the court, upon application of the defendant for good cause shown, shall order that the cause be removed for trial to another division of the district, and such application may be made, to a court when sitting in any division in said district upon such notice to the prosecution as the court may require.
Sec. 10. That all petit jurors summoned for service in any division Petit jurors.shall be residents of such division. At or about the time for the selecting of a petit jury for any term of court in any division, if it shall be made to appear to the satisfaction of a district judge of said district that there is no litigation for trial at such coming term of court in such division in which there are issues triable to a jury, said judge may order that no jury be summoned for said term in said division.
Sec. 11. That unless otherwise ordered by the district court, grand Grand juries.juries in said district shall sit in the Omaha division and the Lincoln division only. The grand jury sitting in the Omaha division shall take Sittings, Omaha.cognizance and have jurisdiction of ail crimes and offenses committed in the territory comprising the Omaha division, the Norfolk division, the Grand Island division, the North Platte division, and the Chadron division, and such grand jurors shall be drawn from the territory comprising said divisions.
The grand jury sitting in the Lincoln division Lincoln.shall take cognizance and have jurisdiction of all crimes and offenses committed in the territory comprising the Lincoln division, the Hastings division, and the McCook division, and such grand jurors shall be drawn from the territory comprising said divisions. The foreman Transfer of process.of each grand jury shall indorse upon each indictment found the name of the division in which the crime or offense was committed; and if such crime or offense was committed in any division other than the division 1000in which said grand jury is sitting, the same, together with all process, writs, and recognizances relating thereto, shall be certified and *Proviso*.Special grand jury.transferred to the division indorsed on such indictment: *Provided*, That a district judge of said district may order the summoning of a grand jury for any term of court in any division of said district, and in such case such grand jury shall be drawn from the territory comprising such division only, and such grand jury shall take cognizance only of crimes and offenses committed in said division.
Sec. 12. Prior crimes, etc. That all provisions of this Act in any way changing or modifying existing law or procedure shall not apply to crimes and offenses committed prior to the time when the same takes effect, and when necessary to obtain indictments or for the trial of any such crimes and offenses jurors, both grand petit, shall be selected, drawn, and summoned from the entire district, and such causes shall be commenced and prosecuted in the same manner as if this Act had never been passed.
Sec. 13. Marshal’s salary increased.Vol. 29, p. 182, amended. That from and after the first day of July, nineteen hundred and seven, the salary of the marshal for the district of Nebraska shall be four thousand dollars per annum. Sec. 14. Repeal. That all laws and parts of laws so far as inconsistent with the provisions of this Act are hereby repealed. Sec. 15. Effect. That this Act shall take effect from and after its approval by the President. Approved, February 27, 1907.