Valdez daily prospector., 1914-05-11
DEPARTMENT HOLDS
 BANK LAW VALID
Territorial Legislature Had Right to Leqislate Regarding Banking
 in Alaska.

Charles E. Davidson, surveyor gen. eral, ex officio secretary of the ter ritory, and member of the Territor- ial Banking Board of Alaska, has re- ceived an opinion from the office of the attorney general of the United States, confirming the validity of the banking law passed by the territorial legislature that empowers the board to examine banks and collect fees from such institutions in accordance with the law and perform such oth- CT acts as the law directs. The opin- ion is signed by Preston c. West, assistant attorney general, and ap- proved by Adolph c. Miller, assistant to the Secretary of the Interior.
 The opinion states that the act of the legislature creating the banking board does not purport to create new and distinctive offices with annual or fixed salaries or compensation at tached thereto, but provides a board to supervise the execution of the laws relating to banking and designates as members of the board, the governor, the treasurer, and the secretary of the territory. In other words the territorial legislature has simply con- ferred upon the officers named addi- tional authority, and has authorized them to accept fees from the banks while actually employed in making examinations. This employment is apparently not inconsistent with the performance of their regular duties as governor, secretary or treasurer
 The opinion holds that the case in point is different from that which involved the revenue laws of the ter ritory in that it interferes in no way with the performance by the officials mentioned with the duties conferred upon them by federal statute.
 The opinion states:
 ''It is clear to my mind that the legislature has no power to deprive the governor, secretary and treasur- CT of authority conferred upon them by federal statute or to interfere with the performance of their duties there under. think, however, that the legislature may confer upon them authority and the performance of du- -ies which will not interfere with their duties as federal officers, par ticularly where the performance of the duties so conferred are in line with their general duties as federal officers, unless this goes to the ex- tent of attempting to invest them with an office, the holding of which would be inhibited by section Il.
 "As already intimated, it is my opinion that the performance of du- ties as member of the territorial banking board do not constitute the holding of an office within the mean ing of said section II, will not be with the performance of their duties as governor, secretary or treasurer, and that in consequence they are not inhibited from acting as members of the board by the terms of said section Il of the Organic Act.
 q agree, however. with the view of the comptroller that the United States cannot be called upon to bear any expenses incurred by the terri tory in the enforcement or admin istration of the territorial act creat- ing the board and regulating the bus mess of banking in the territory of Alaska, but that any expenses so in cured must be paid by the territory directly or through fees collected un- der and in pursuance of the terri tOria1 1aw0