suits in the district court to
restrain the Territorial treasur
er from paying out the Territor
ial funds to the secretary of the
Territory in violation of section
11 of tlie organic act'of Alaska,
the governor ofliciously pushed
his way into that suit, as Gov
ernor of Alaska, in connection
with the secretary of the Terri
tory, and employed attorneys
and made himself a party to the
suit by intervening therein; but
notwithstanding his activity the
court held the secretary could
not hold both a Federal and
Territorial office at the same
time and draw salaries from
both tlie United States and the
Territory.
11. That just prior to the con
vening of this ninth session of
the Territorial legislature, the
Governor of Alaska, well know
ing that Senate bill No. 35
would be introduced in the le
gislature by those who believe in
the formation of an American
form of government in the Ter
ritory of Alaska, submitted a
copy of Senate bill No. I of 1927,
which bill did not pass the Sen
ate, and ignored House bill No.
30 of 3 927, which was similar to
Senate bill No. 35 of this session,
and which bill passed the House
in 1927, and was refused consid
eration in the Senate by a tie
vote, to the Solicitor of the De
partment of the Interior and re
quested an opinion which would,
to use the last clause in the So
licitor’s opinion, “show suffi
cient reasons for the exercise
of the veto power by the govern
or if such a measure should be
passed by the assembly, and, if
finally passed over the veto,
then for disapproval thereof by
Congress under tlie power re
served by section 20 of the or
ganic act of Alaska’’; that that
opinion of the Solicitor was ap
proved February 13. 1929, by E.
C. Finney, First Assistant Secre
tary. A copy of that opinion we
understand has been used to
persuade members of the legis
lature to support the governor’s
opposition to Senate bill No, 35
and to strike out sections 21 to
28, inclusive, thereof which pro
vide for a board of control with
the governor at its head and
two members to be elected by
the people of Alaska;, that a
copy of the letter of the solicitor
dated February 13, 1929, will be
attached to this memorial.
12. That by reason of the
political activity and powerful
opposition of the Governor of
Alaska to the passage of Senate
bill No. 35, his threats to veto
the same, and the influence of
other Federal officials against
it, your memorialist, the Terri
torial Senate of Alaska, thinks
it is impossible at this time to
secure any favorable action of
the Legislature of Alaska on
Senate bill No. 35 with sections
21 to 28, both inclusive, or any
similar provisions, therein, or
any favorable action on any le
gislation to cure the void laws
creating the various Territorial
boards, when the offices are fill
ed by Federal officials, in viola
tion of section 11 of the organic
act of Alaska.
Wherefore your memorialist
prays that Congress will consid
er the matter and give the peo
ple cf Alaska relief, by the en
actment of a law granting them
power to create an American
lorm of Territorial government
in Alaska without domination
and control by appointed offi
cials.
And your memorialist will ev
er pray.
Passed by the senate, May 2,
1929.
WILL A. STEEL.
President of the Senate.
Attest:
CASH COLE
Secretary of the Senate
n
In the district court in ancl for
the Territory of Alaska, first di
vision. Juneau
James Wickersham. for himself
and ah other taxpayers similarly
situated, plaintiff, v. Walstein G
Smith, as Territorial Treasurer
of the Territory of Alaska, de
fendant. No. 2735—A. Petition
for intervenor
Comes now George A. Parks,
as Governor of the Territory of
Alaska, and represents to the
court that as such governor he
is interested in the result of
fhis proceeding and in suc
cess of the defendant: that the
facts showing his said interest
are more particularly set forth
in a complaint in intervention
duly sworn to and attached
hereto and submitted herewith.
and this petition is based upon
the facts herein stated.
Wherefore your petitioner
prays that he be permitted to
intervene and become a party to
this proceeding.
HELLENTHAL & HELLENTHAL
Attorneys for Intervenor.
Received 11 a. m., May 11,
1927.
JAMES WICKERSHAM
Attorney for Plaintiff.
In the district court in and for
the Territory of Alaska, first di
vision, Juneau
James Wickersham, for himself
and all other taxpayers similar
ly situated, plaintiff, v. Walstein
G. Smith, as Territorial Treas
urer of the Territory of Alaska,
defendant. No. 2735—A. Com
plaint in intervention.
Comes now George A. Parks,
and leave of court having been
first had and obtained, files this
his complaint in intervention
and alleges:
I. That he now is, and for
more than one year last past,
has been the duly appointed,
qualified, and acting Governor
of the Territory of Alaska.
II. That the first Alaska Ter
ritorial legislatures that con
vened subsequent thereto, have
from time to time imposed upon
the Governor of the Territory
official duties not imposed by
the organic act or laws of the
United States, but nevertheless
of such a character that the
same are not inconsistent with
the duties imposed by either the
organic act or lav/s of the United
States, and belonging to the
class of duties ordinarily im
posed upon and exercised by
governors; that in order to per
form the duties so imposed, it
was and is necessary that much
additional clerical help should
be employed in the governor’s
office. Many additional duties
arise under the Territorial laws
devolving upon the secretary to
the governor, and the additional
clerical work required by reasons
of the duties so imposed by the
Territorial legislature, necessi
tates the employment of at least
one clerk which can not be had
for less than $2,000 per annum,
and make it necessary that larg
er quarters be supplied for the
use of the governor’s office so as
to necessitate additional janitor