Mr. GIBSON. Will the gentle
man yield?
Mr. DOWELL. Yes.
Mr. GIBSON. These services
were performed when it was le
gal to pay the secretary the
$2,000 out of the Territorial
fund?
Mr. DOWELL. It was suppos
ed to be legal and was legal un
til the court determined that
they had no right to do it.
Mr. GIBSON. But the servic
es were performed when it was
legal; that is, before the court
determined that.
Mr. DOWELL. Yes.
Mr. GIBSON. So there is a
moral obligation, to say the
least, resting on the Govern
ment to pay this amount.
Mr. DOWELL. I think so.
Mr. PERKINS. Will the gen
tleman yield?
Mr. DOWELL. Yes.
Mr. Perkins. Is not the effect of
this proposed legislation to re
peal the decision of the court in
this particular case?
Mr. DOWELL. Well, you may
construe it that way.
In other words, the court de
termined that they had no right
to employ this man.
Mr. DOWELL. Yes.
Mr. PERKINS. And now we
are saying “You may pay him
but hereafter you will not be
able to do it.
Mr. UNDERHILL. Will the
gentleman yield?
Mr. DOWELL. Yes.
Mr. UNDERHILL. But the
court decides upon the law and
not the equities in the case.
Mr. DOWELL. And while he
believed he was being legally
employed—
Mr. LaGUARDIA. Will the
gentleman yield?
Mr. DOWELL. Yes.
Mr. LaGUARDIA. That be
ing so, would not the proper pro
cedure be to bring in a bill here
for the relief of this gentleman
and let us pay him the differ
ence?
Mr. DOWELL. Yes; we might
do it in that way, but we have
the matter clearly before us
now, and if he is entitled to this
pay he ought to receive it, and
if he is not entitled to it he
ought not to receive it. It seems
to me, gentlemen, when we get
down to the question here, he is
entirely an innocent employee
who believed that the Territory
of Alaska had the right to em
ploy him; believed they had the
right to consolidate the duties
of tnese officers, and he perform
ed these duties.
Mr. PERKINS. Will the gen
tleman yield a bit further?
Mr. DOWELL. Certainly.
Mr. PERKINS. This is a gen
eral act and applies to any sal
aries due to any employees?
The bill says—
any salaries to United States of
ficials or employees of the Unit
ed States Government in Alas
ka—
And so forth.
Mr. DOWELL. But it only ap
plies to one.
Mr. PERKINS. Now, I won
der about that. I spoke to the
gentleman from Alaska (Mr.
Sutherland), and I am under
the impression he said it might
apply to a good many.
BUTTERHORN BAKERY I
The House that Quality Built
Ketchikan, Alaska
DR. L. P. DAWES
Physician and Surgeon
First National Bank
Building
Phone 2602 Jancta
*—— ■■ ■ ' 1 .. ■—»
TOURISTS CAN GET
ALASKA CURIOS and
MOMENTOS at
Skagway Drug Co.
PERRY HERN
Totems. Moccasins, Spoons
Skagway, Alaska