The Alaska daily empire., 1914-04-30
SEVEN HUNDRED STRIKERS SURRENDER IN COLORADO
DEPARTMENT HOLDS
 BANK LAW VALID

Charles E. Davidson, Surveyor Gen. eral, exofTiclo Secretary of the Terri tory, and member of the Territorial Banking Board Of Alaska, has received an opinion from the office of the At torney General of the United States, confirming the validity of the banking law passed by the Territorial Legis- lature that empowers the board to ex. anime banks and collect fees from such institutions in accordance with the law and perform such other acts as the law directs. The opinion is signed by Preston c. West assistant attorney general, and approved by Adolph c. Miller, assistant to the Sec retary 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 board to supervise the execution of the laws re- latlng to banking and designates as members of the board, the Governor the treasurer, and the secretary of the Territory. In other words the Ter. ritorial 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 ex- aminations. This employment is ap- parently not inconsistent with the per formance of their regular duties as Governor, secretary or treasurer.
 The opinion holds that the case in point is different from that which in- volved the revenue laws of the Terri tory 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:
 Tt is clear to my mind that the leg islature has no power to deprive the Governor, secretary and treasurer of authority conferred upon them by Fed eral statute or to interfere with the performance of their duties thereun- der. l think, however, that the legis- lature may confer upon them author ity and the performance of duties which will not interfere with their duties as Federal officers. particular ly where the performance of the du- ties so conferred are in line with their general duties as Federal officers, un- less this goes to the extent of attempt ing to invest them with an office the holding of which would be inhibited by Section II.
 "As already intimated, 1t is my opin- ion that the performance of duties as a member of the Territorial banking board do not constitute the holding of an office within the meaning of said Section II, will not be inconsist' ent with the performance of their du. ties as Governor, secretary, or treas urer. and that in conseuence they are not inhibited from acting as mem- bers of the board by the terms of said Section II 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 Territory in the enforcement or administration of the Territorial act creating the board and regulating the business of banking in the Territory of Alaska, but that any expenses so incurred must be paid by the Territory directly or through fees collected under and in nursuance of the Territorial law"