Seattle Attorney Believes Congress
Has Right to Withhold Control of
Fish and Wildlife From Alaska State
WASHINGTON, (tft—A Seattle
attorney has expressed belief tha£
Congress would be acting within
its authority to withhold control
of fish and wildlife resources
from Alaska after statehood.
The opinion, based on various
Supreme Court decisions, was
given by Edward W. Allen, iden
tified by Rep. Pelly (R-Wash) as
“ah imminent member of the
Washington State bar and past
and present member of various
international fishery commis
sions.” It was published Wednes
day in the Congressional Record.
Behind .the opinion is Pelly’s
testimony before a House terri
torial committee urging that con
trol of fish and wildlife resources
be withheld from Alaska for 10
years after it is granted statehood.
A subcommittee subsequently
adopted an amendment calling for
a five-year delay in the resource
transfer.
Del. Bartlett and o^ier Alaskan
statehood supporters contend such
Daughter Bom To Sgt.
And Mrs. R. L. August
Sgt. and Mrs. Richard L. Aug
ust proudly announce the arrival
of a daughter, Denyse Cheryl, in
Ward TH “28” of the Fort Bragg !
Army Hospital, at 9:53 a.m. April j
23. She weighed 6 lb. 1 oz., and :
was a most welcome anniversary j
gift. Sgt. and Mrs. August cele- j
brated their 13th wedding anni- j
versary April 24th.
Sgt. August left Nome Feb. 27, (
after spending two and a half j
years with the Army advisors to j
the National Guard. He is now |
assigned to the Headquarters Co.,j
XVIII Airborne Corps, at Fort
Bragg, N.C.
a provision would be unconstitu
i tional because it would deny
! Alaska “equal footing” with other
| states.
Allen cited a 1947 decision of
the Supreme Court involving the
ownership of marginal lands off
| the California coast in which the
court held that “California is not
the owner of the three-mile mar
ginal belt along its coast, and the
federal government rather than
the state has paramount rights in
and power over that belt . . .”
Allen said the federal power
has beep sustained on two prin
ciples:
“(1) That the state is not
equipped in our constitutional
system with the power or the fa
cilities for exercising the respon
sibilities which it seeks; and (2)
this incident is a property right
and Congress has unlimited pow
er to dispose of it.”
Allen continued: “Alaska is not
only in the most critical location
from a security standpoint by its
proximity to Asia, but the re
search being conducted . . . indi
cates a commingling of Asian and
Alaskan fish. These fish migrate
.between the marginal sea and the
high seas. Their management to
be most effective should be em- j
bracive. It should be by that
branch of government competent;
both to handle the entire situa- ]
tion and vested with the jurisdic- j
tion over international affairs.” !
.i
Naming of Rail
And Hiway Comm.
Expected Soon
WASHINGTON, Iff!—President
Eisenhower probably will name
membership of the International
Alaska Rail and Highway Com
mission within the next 10 days,
a White House aide said today.
The commission was authorized
last year by Congress to study the
need for and recommend routes
for additional highway and rail
facilities between the United
States and Alaska and between
coastal and interior Alaska.
Nearly a year of the two years
authorized for the study has
elapsed without designation of its
membership.
Robert Gray, a presidential as
sistant, said the delay resulted
from the need for clarifying leg
islation on the status of Alaska’s
Delegate Bartlett. Altho the com
mission is to include five mem
bers of Congress, Bartlett is not
technically a member of Congress.
A bill to permit his addition to
the commission now has passed
the Congress and been signed by
the President.
In addition to Bartlett and the
five members of Congress, the
commission is to include four rep
resentatives of executive agencies
and three representatives of the
public, including at least one resi
dent of the Pacific Northwest and
one of Alaska.
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