and messenger service, which
can not be had for less than $300
per annum; that in order to
carry out the provisions of the
various Territorial acts above
referred to and perform the du
ties thereby imposed, it is ne
cessary that the governor should
visit from time to time the dif
ferent portions of the Territory
and incur the necessary travel
ling expenses incident to such
visits, and that an appropria
tion of approximately $2,0QU
should i c made for this purpose.
One of the duties imposed on
the governor by the Territorial
legislature relates to the dissem
ination of information. Certain
booklets and pamphlets have
previously been prepared for
this purpose, and their distribu
tion requires an appropriation
of approximately $2,000; that
from time to time officers and
representatives of the United
Slates and of foreign countries
visit Alaska, and to entertain
them in the manner suggested
by the legislature an appvoori
aticn of $2,000 lor the bienni
um is included in the appropri
ation bill. The executive man
sion requires repair.- from time
to time to prevent the building
from falling into decay, and pre
serving not only its usefulness,
but also its value, and the ap
propriation cf $1,230 for the bi
ennium for that prww-e is not
more than sufficient to meet the
requirements.
m. Your intervener further
alleges that the d wop« imr'osed
upon the governor by the Terri
torial legislature and not provid
ed for by the organic act or th°
laws of the United States are of
such a character that the laws
of the Territorial legislature can
not ^e given full fc-’ce and ef
fect unless these duties are uov
fermed and oarrb'd out, end the
same cannot be performed and
carried out without incurring
erne uses above referred to as
necessary in carrying out such
duties, and that i; the monovs
anorepwa hv tha Tern tori a 1
lrgirlsture.", nrp not v;Uanm
the covenim'’-; (igirv will In ib P
extent erase t o funrtion. and
such laws of the Terri fori ■-) 1 ]r..
gislature. deoeocing for their
enforcement end effect moon thm
activities of the governor in that
connection will cense to he cf
fective; that to continue the in
junction heretofore issued by
the court would not only result
in great public inconvenience
but would result in destroying
the force and effect of many of
the laws of the Territory end of
preventing Territorial boards
which are necessary to adminis
ter many laws passed by the
legislature from functioning;
that among the boards of which
the governor is chairman, and
which would be thus injuriously
affected by the restraining order
if kept in force, are the board
which looks after the affairs of
the pioneers’ home, the banking
board, board of children’s
guardians, as well as many oth
ers; that the m-b'crs ami things
subjected to the control of these
various boards are such that
their continuous operation is
not only desirable- but is an im
perative necessity.
IV. That laws appropriating
moneys for similar purposes to
thorn indicated in the appropri
ation bill referred to in the com
plaint, including the appropri
ations herein referred to. have
been mss id by the Territorial
legislature from tone to time,
ever since tbw first session there
of, and h >vo been submitted to
Cong e‘ > for approval, and that
none o1 sue Is 1 '(vs b.w,j e,ror
been disapproved by Congress.
Wherefore, this intervenor
prays that the plaintiff’s bill of
com ole in t be dismissed: that be
take hi erven'ion bv rea ;on
thereof. esDCci*’'llv hi so for as It
relates to the appropriations
made for by the governor’s of
fice, to which reference has
heretofore been made; and that
this court make an order and
decree dissolving the restrahi
3'tig order lier°feforo issued and.
directing the treasurer of the
Territory to disburse moneys an
yroiabated for use in eonne'dion
with the governor’s office in the
manner provided by law and in
regular course and for such other
and further relief as to the Court
111av seem 1 ny.t and equitable,
and allow this intervenor and
costs and disbursements in this
behalf incurred.
HEI.LENTHAT Sz IIELLENTHAL
Attorneys for Intervenor.
United States of America,
Territory of Alaska, ss:
George A. Parks, being first
duly sworn, on oath deposes and
says that he is the intervenor
above named; that he has read
the foregoing complaint in in
tervention, end that the same is
true as he verily believes.
GEORGE A. PARKS.
Subscribed and sworn to be
fore me this lltli day of May,
] 927.
(Seal)
SIMON HELLENTHAL
Notary Public in and for the
the Territory of Alaska.
My commission expires Janu
ary 14, 1930.
United States Department of
The Interior
Office of the Solicitor
Washington, D. C.,
February 13, 1929.
The Honorable Secretary of the
Interior,
Dear Mr. Secretary: The Gov
ernor of the Territory of Alaska
submitted a copy of a bill which
lias been heretofore under con
s-dcration by the legislature of
• be Territory and which, he an
ticipate:’, may be again intro
duced. The bill contemplates
extensive changes in the organ
ization of the local government
and proposes to transfer many
of the existing duties of the gov
ernor and the secretary of the
Territory to other officers to be
elected or appointed by other
than the sole authority of the
ec-vo’-nor, and they arc to be
subject to impeachment by the
legislature. My opinion has
been requested as to whether
the proposed legislation would
be in contravention of the laws
of Congress appertaining to
Alaska.
The bid in question is for an
act entitled “A act to reorgan
ise the executive department of
Alaska, creating the offices of
comptroller, treasurer, attorney
general, and board of control,
and defining tlieir functions and
to declare an emergency.”
li is provided that the com
lroller shall be elected for a
term, of four years, but the first
mmntrolJer is to be chosen by
the members of the legislature
in joint session, “either during
session of the legislature or
within five days after adjourn