“ In other words, the test of the jurisdiction of the state courts was to be the same that would have applied had the Indian Territory been a state when the offenses were committed. In this view it is plain that the prosecution in question was rightly proceeded with in the state court. Adultery is an offense against the marriage relation, and belongs to the class of subjects which each state controls in its own way. It is a punishable offense only where the common or statute law of the state makes it such; and where punishable, it is cognizable only in the courts of the state. ”

“ That all causes, proceedings, and matters, civil or criminal, pending in the district courts of Oklahoma territory, or in the United States courts in the Indian Territory, at the time said territories become a state, not transferred to the United States circuit or district courts in the state of Oklahoma, shall be proceeded with, held, and determined by the courts of said state, the successors of said district courts of the territory of Oklahoma, and the United States courts in the Indian Territory ”

“ The Federal questions presented involve the construction and application of the enabling act, and are, first, whether, after the admission of the state, the further proceedings upon the charge of adultery were to be had in a Federal court or in a state court ”