Fairbanks Judge Scraps State Board
Directive Dictating Night Bar Hours
(By The Associated Press)
Alaska licensed beverage deal
ers operating outside of city
limits had clear authority Satur
day to resume operation on a 24
hour-a-day basis, seven days a
week.
A three-week-old ban on all
night operations anywhere in the ■
state, and providing uniform op
erating hours for establishments
throughout Alaska, was ruled il
legal Friday by a Federal District
judge at Fairbanks.
The affect of the decision was
not so clear cut regarding the
operations of licensed outlets wi
thin cities of the big state.
Apparently most cities would
retain control over operating
hours of bars and establishments
if local ordinances were in effect
on such matters.
But a city councilman from
Ketchikan said his city had no
local ordinances concerning hours
for liquor sales, and had depended
on state regulations to set oper
ating hours there.
Board Acted Without Authority
The decision by Judge Vernon
Forbes at Fairbanks held a new
series of regulations adopted by
the State Alcoholic Beverage
Control Board were of no effect
because the three-man ABC was
without authority to act on such
a wide scale.
He held the state’s Alcohol Bev
erage Control Act, passed by the
First State Legislature earlier
this year, improperly delegated
authority to the ABC in that it
set no standards by which the
agency was to adopt regulations.
The board, after controversial
hearings, had ordered some 20
new regulations into effect on No
vember 1 — with the most contro
versial regulation one that called
for uniform operating hours by
all licensed beverage dealers in
the state.
In the past, under old regula
tions adopted by the Territorial
Board of Liquor Control, estab
lishments outside of city limits
were able to operate legally on a
24-hour basis.
Establishments within cities
were restricted to closures at 2
a.m. on weekdays and 3 am. on
Sundays and holidays, and could
not open for business before 10
a.m. on weekdays and holidays
and 2 p.m. on Sundays.
Ordered Uniform Hours
The new ABC, appointed last
April and confirmed by the Leigs
lature before it adjourned, or
dered uniform closures through
out the state at 3 a.m. on week
days and 4 a.m. on Sundays and
holidays. The regulations pen
mitted, for the last three weeks,
openings at 8 a.m. on weekdays
and holidays, and retained the 2
p.m. openings on Sunday.
The regulations drew the heavi
est opposition from a newly
formed Alaska Licensed Beverage
Association.
Nome-U-Wash
WASHERS & DRYERS
To Use Yourself — or
We'll Do It For You!
— Phone Black 1 —
The AiLBA, through attorneys
Wendell Kay of Anchorage and
State Representative Warren Tay
lor, a Fairbanks Democrat, took
the regulations to court.
Previous Injunction Denied
Judge Forbes two weeks ago
hjjd denied a motion for an in
junction that would have pre
vented the state from enforcing
the new regulations,’ and set yes
terday as a date for a hearing on
the rrjerits of the case.
The* State Attorney General’s
Office, which represented the
ABC in the action, said it was
beginning work Saturday on a
possible appeal of the decision.
John Rader, the State’s Attor
ney General, was at Seattle.
His office, in conference with
him by telephone, said he had
ordered the staff to begin work
leading to a weekend appeal.
Egan Says It's Up To Legislature
Governor Egan said the deci
sion left the matter up to the next
session of the State Legislature,
which convenes late in January
at Juneau.
He said the Legislature would
have to get busy and decide it
self whether the state is to set
uniform liquor hours — a matter
past Legislatures have passed
onto the liquor boards without
specific recommendations.
Meanwhile, speculation arose
immediately that voter groups
would take the matter into their
own hands unless the Legislature
acted on the matter. There has
been widespread talk that ini
tiatives would be sought at the
1960 general election to adopt
liquor regulations — or at least
submit proposals to the voters for
possible enactment.
Johnnie Ray Picked Up for
Indecent Acts in Detroit
DETROIT, UP) — Johnnie Ray,
the sob singer, was arrested at a
downtown Detroit ‘showbar on a
morals charge Friday night and
jailed overnight.
He pleaded innocent in Recor
der’s Court Saturday to a charge
of accosting and soliciting and
was, released on $500 bond. Trial
was set for December 1.
-Ray, who rocked to fame from
another Detroit showbar on his
crying rendition of the popular
songs “Cry” and “The Little
White Cloud that Cried,” pleaded
guilty and paid $25 fine on a
similar morals charge in 1951.
In both cases policemen con
tend Ray made indecent proposals
to them. The first grew out of
an alleged accosting at a theater.
A showbar is a bar which also
has a stage show.
PIONEER
WATER
DELIVERY
MAIN 14
Pure, Natural Water
Cubans Impose
Stiff Regulations
On Oil Companies
By ROBERT BERRELLEZ
HAVANA, UFl — The Cuban
government Saturday aimed an
other blow at foreign business
interests by passing a stiff law
that will force oil exploration and
exploitation companies to work
their claims or lose them.
The legislation, which follows
a tough new minerals law, also
sets production quotas for petro
leum refinelies. Affected primar
ily will be three big foreign opera
tions — the American-owned
Esso Standard Oil and Texaco
Companies and the British-owned
Shell, Ltd.
During a seven-hour session,
Prime Minister Fidel Castro’s cab
inet also:
Ratified a ban on the immigra
tion of Chinese and non-Chinese
Asiatics.
Created a new Tourist Insti
tute with authority to start pro
ceedings to expropriate any prop
erty deemed necessary for tourist
development.
Approved a decree giving pros
ecutors in military tribunal trials
the right to appeal the decisions.
The cabinet recently re-establish
ed army tribunals to combat grow
ing opposition to the revolution
ary government. When the tri
bunals were active during the
first 6 months of Castro’s regime,
555 persons were sent to death
before firing squads.
Government sources said the
new petroleum law will put an
end to the practice of issuing ex
ploration concession which car
ried no requirement to work
claims. They said the practice re
sulted “in plain landholding and
in the use of property for pur
poses other than exploration.”
Exploration and exploitation
companies are required by the
law to show proof that actual
drilling is under way at their
concessions. If they can’t, they
lose the concessions.
The law imposes a 60 per cent
royalty on production based on
commercial rates. Concession -
holders are required to turn over
to the newly created Cuban In
stitute of Petroleum all informa-,
tion* on their operations.
Exploration concessions will be
limited to about 19,000 acres,
which is far under the acreage
held by several companies.
Fine Job Printing At The Nugget
I Cal! BLACK 65 For I
Arctic Sanitary I
Service
we!-'- t't -• itf
IN THE DISTRICT COURT
FOR THE DISTRICT OF ALASKA
SECOND JUDICIAL DIVISION
SUMMONS FOR PUBLICATION
No. 4231 Civil
MAGGIE GARNIE, Plaintiff,
vs.
DAVID GARNIE, Defendant.
THE PRESIDENT OF THE UNITED
STATES OF AMERICA TO THE ABOVE
NAMED DEFENDANT. GREETINGS:
You are hereby required to appear
in the District Court for the District of
Alaska, Second Judicial Division,
within 30 days after the last publica
tion of this Summons, namely within
30 days after the 30th day of November,
1959. in case this Summons is published,
or within 40 days after the date of
its service upon you in case this Sum
mons is served upon you personally,
and answer the Complaint of the above
named plaintiff on file in said court
in the above entitled action.
The plaintiff prays for an absolute
divorce and custody of two minor chil
dren in said action.
And, in the event you fail to appear
and answer the plaintiff will take judg
ment against you for want thereof, and
will apply to the court for the relief
prayed for in her Complaint and as
hereinabove stated.
WITNESS the Honorable Vernon D.
Forbes, Judge, and the seal of said
court hereunto affixed, the 4th day of
November, 1959.
i SEAL)
Clerk of the District Court,
J. M. KRONINGER,
District of Alaska,
Second Judicial Division .
Publish Nov. 13, 16, 23, 30, 1959.
Navy Will Bring
Atom Sub, Polaris
Missile Together
WASHINGTON, (.91—The Navy
has test fired an advanced ver
sion of the Polaris missile. It
whistled more than 900 miles and
landed in the Atlantic right on
target.
At the same time, at Groton,
Conn., the Navy said Friday it
was delighted with the perform
ance of the atomic submarine
George Washington, the first
equip'ped for firing Polaris rock
ets. The sub had been put through
a week of trials.
Rear Adm. William F. Raborn,
chief of the Navy’s Special Pro
jects Office, said he can “assure
the American people that by next
fall the missile and the submarine
will get together and be oper
ational.”
The George Washington will be
commissioned December 31. Nine
other Polaris subs are being
built.
Raborn said the Washington
has fired dummy slugs while sub
merged, but he gave no details.
He called the sub tests and sue- j
cessful Polaris firing at Cape j
Canaveral, Fla., a “double sue- j
cess” for the United States.
Numbered Duplicate Stub Tickets
For Sale at The Nugget
SHOPPING PAYS LEFT
HELP FIGHT TP
with CHRISTMAS SEALS
ASTRONOMY NOTES
By OLAF HALVERSON
Suppose that in remote past
ages that certain gasses surround
ed the moon. Their absence from
the. moon at the present time can
be explained by the kinetic theory
of gases.
This theory states that particles
of gas are continually darting
about in all possible directions. If
a rifle bullet on the moon were
fired with a velocity of about
7,000 feet per second, it would
leave our satellite forever, and
pursue an independent path in
space. ,
Physicists have ascertained that
the molecules of all gases com
posing the atmosphere can have
velocities of their own far exceed
ing this limit. So it is easy to
see how the moon may have com
pletely lost her atmosphee by this
slow process of dissipation.
The surface attraction of the
moon, only one-sixth that of the
earth, has simply been powerless
to arrest this gradual loss.
Law Holds Former
Alaskan-for Mail Fraud
PHILADELPHIA. UP) — A for
mer Pennsylvania man who lived
in Alaska for six years Saturday
was held in U. §. District Court
here on charges of running a mail
order business that sent no mer
chandise for money paid.
U. S. Attorney James J. Phelan
said Theodore F. Challingsworth,
42, formerly of Spenard, collected
about $10,000 in the past year and
a half by advertising guns, knives,
tents and other equipment in var
ious hunting magazines. He did
not ship any orders from Spen
ard, Phelan added.
Police said Challingsworth once
lived in suburban Upper Darby
but moved to Alaska with his
family six years ago. He returned
last year.
Challingsworth did not testify
in court. U. S. Commissioner
Edward W. Furia held him in
$5,000 bail on charges of using the
mails to defraud.
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