The Alaska daily empire., 1914-05-06

The foregoing dispatch was receive by The Empire yesterday. but. some manner was lost and failed get into type. The scope of the law indicated in the following report c the bill submitted by Chairman WI am c. Houston:
 "The Committee on the Territor- les has had under consideration H. R. 11740, Q biil to cure defects in and to validate chapters 52 and 54 of the acts of the Legislature of the Territory of Alaska, ap- proved by the Governor of the Territory of Alaska May l, 1913, and for other purposes, and they recommend that the bill be amend ed by striking ont all of section after the enacting clause, and that section 2 be added after the enacting clause as section 1, and that as so amended the bill be rec commended for psssage.
 "It appears that section 2 of the organic act of Alaska, approved August 24, 1912 tS7 Stat, Lo 516), provides that No person holding commission or appointment un- der the United States shall be a member of the legislature or shall hold any office under the govern ment of said Territory
 Tt also appears that chapter 54 of the Territorial Session Laws, imposing a poll tax upon male persons in the Territory, making the commissioner ofeach precinct ex-offlcio poll.tax collector, and providing that he shall furnish bond to the Territory and receive as compensation for such services 15 per cent. of all taxes collected. Also that chapter 52 of the Terri torial Session Laws, imposing a license tax upon trades and occu- pations conducted in the Territory and providing that the licenses shall be issued by the clerk of the district court, who shall give bond; that such taxes shall be covered into the Territorial treas ury; and that United States mar shals and fish commissioners, and their deputies, shall be license in. spectors under the act.
 "The question: presented Is whether the provisions of chap ters 52 and 54 imposing duties up- on commissioners. clerks of the district courts, marshals, fish con- missioners, and deputies are in violation of the provisions of the organic act above quoted
 "In letter written by Hon. J. c. McReynolds. Attorney General of the United States, to John Rust gard, United States district attor- ney, at Juneau, Alaska, after set ting out the clause in the organic act and also the clauses in chap ters 52 and 54 of the Territorial Session Laws and citing decisions of the Supreme Court of the Unit ed States, he concludes with the following paragraph:
 "Tt follows that the legis-
 lation in question attempts
 to impose official duties under
 the government of the Terri
 tory upon persons holding
 commissions or appointments
 under the United States; and
 in so doing 1t violates both
 the letter and the spirit of sec
 tion Il of the organic act and
 to that extent is void and of
 no effect
 "This letter Is set out in full on pages 13, 14 and 15 of the hearings before the House Com mittee on the Territories on H. R. 11740. Said hearings contain al- so a letter from the Governor of Alaska requesting that legislation be passed by Congress to cure the dilemma in which the Territory is placed by this act.
 "Tt appears that the officers which the Territorial Legislature have directed to collect the taxes in Alaska can not perform such du- ties because of the inhibition in the section of the organic act above referred to. It Is necessary that they be empowered by act of Congress to perform these duties in order that the Territory can by said officers collect the taxes, and your committee deems 1t wise and economical for these officers to perform such duties, and the pass age of the bill herein recommended will enable them to do so."