the legislative power of the as
sembly was extended to “all
rightful subjects of legislation
not inconsistent with the Con
stitution and laws of the United
States.”
I have heretofore mentioned
that provision of the organic act
which reserved to Congress the
authority to repeal laws of the
United States theretofore passed
establishing the executive and
judicial departments in Alaska.
That precise provision was con
sidered by the Supreme Court in
the case of United States v. Wig
ger (235 U. S. 276), wherein the
court said:
“It seems to us that by the
language employed Congress in
tended to draw a clear distinc
tion between those laws by
which the executive and judicial
departments had been establish
/i • " --—~
ed in the Territory and those
minor regulations that had to do
with practice and procedure.
Those enactments by which
Congress had provided for the
appointment of executive and
.judicial officers for the Territory
and had marked out the powers,
authority, and jurisdiction of
each, and provided safeguards
for their maintenance, are pro
perly within tiie catagory of laws
“establishing” those d e p a r t~
ments. These laws, and not
those merely regulating the pro
cedure, were by the act of 1912
continued in force until amend
ed or repealed by act of Con
gress.
It will, therefore, become ne
cessary to closely consider the
extent of the powers conferred
by Congress upon the executive
and judicial officers in order to
■ - ■■■ ■ ~ ~
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F. WOLLAND
MERCHANT TAILOR j
^ TELEPHONE 66
Front and Franklin Juneau, Alaska
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CHARLES BENJAMIN
Headquarters For
Fishermans Supplies of All Kinds
Wrangell, Alaska
determine whether this propos
ed law is in contravention there
of. It will be noted that the
iav/s of Congress above cited re
lating specifically to Alaska are
very general as regards the
powers of the governor. It is
expressly provided, however,
that he may appoint notaries
public, and it is reasonable to
conclude that this is an exclus-.
ive power vested solely in the
governor and not to be shared
by any other officer. The pro
posed act designed to authorize
the comptroller to appoint no
taries public appears to be clear
ly in conflict with that provision
of the act of Congress, and not
within the power of the legisla
ture as indicated in the decision
above quoted. But it is further
believed that the powers of the
governor in respect to the ap
pointment of officers are not
limited to those expressly named
in any act relating to Alaska. By
the act of June 6,'1906, supra, he
is authorized to perform gener
ally in and over said district
such acts as pertain to the office
of governor of a Territory, so far
as the same may be made or be
come applicable thereto. It has
been held in some cases and for
some purposes that Alaska, ev
en before the act of August 24,
1912, had the status of a Terri
tory, but its status as such was
placed entirely beyond dispute
by that fact. Having become a
Territory, the laws of Congress
» 1 . ————^
BUTTERHORN BAKERY j
The House that Quality Built
Ketchikan, Alaska
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