The Alaska daily empire., 1915-10-05
REASONS FOR
 NULLIFYNG
 ACTS STATED

-o-
 In the communication received yes- terday by Governor ). 'F. A. Strong in regard to the invalidity of school enactments of the recent Legis.afure, So Sweeney. Assistant Secretary of the Department of the Interior, who transmitted the opinion of Preston e. West. Solicitor for the Department and Assistant Attorney General of tho United States. wrote In part as fol- lows;
 You stnte that the act of the Leg islature provides for a uniform sys- tenn Of schools and for the creation of a Territorial Board Of Education, and the creation of the office of As- sistant Superintendent of Public Inc struchon"
 Enumerating the defects and com nicts of these enactmenta with the Congressional act, Mr. Vests opinion reads:
 Conflicts Arc Shown
 Without attempting to note all of the conflicts or minor nature which exist between the Alaska Acts and the particular statutes. attention is called to tho fact that the Territorial acts particularly conflicted with both Of the acts of Congress because the AL aska Act No 9 avowedly attempts to amend the Act of 1905 when the act of 1912 specifically and emphatically forbade the repeal Of the act by the Territorial Legislature and because both Alaska acts attempt to take away powers, authority and iurisdic- ton conferred upon executive and ju- dicial officers by Congress. which can only be taken away from them by the federal statute.
 These attempted amendments and fatal conflicts are as follows;
 l. The Alaska act provides that the supervision of schools of the Ter ritory of Alaska be vested in a Board of Education composed Of the Cover nor, the Treasurer and an Assistant Superintendent of Public Instruction to be appointed by the Governor. This Board is to be constituted @ final court of appeals in all educational contro- versies.
 "This provision is in conflict with the act of 1905 which declares the Governor of the District of Alaska shall be ex officio Superintendent of Public Instruction. and as such shall supervise and direct all public schools.
 "The Alaska act authorizes the As- sistant Superintendent to issue and revoke certificates under rules pre- scribed by him, while the Act of Con- gress authorized the Governor Go pre- scribe rules and regulations for the examination and qualification of teach CTS.
 "s. The Alaska act gives the As- sistant Superintendent supervision ov- CT an matters pertaining to the public schools in Alaska to include all the schools of incorporated towns. While the act of Congress declares that pub lie schools within such towns shall be under the supervision of a Board of three members to be elected by the people.
 Congressional Law lmpedes lt
 "4. The Alaska act takes away the authority conferred by Congress on Clerks Of District Courts relative to schools and districts outside of incor- porated towns. It further violates the Congressional act in regard to the cer- tificates and oaths of elections. the furnishing of bonds. and in that 1t re- Quires these papers Co be filed in the office Of the recorder instead of in the records of the District Court. Further in that it changes tho number of stu dents required for the establishment of school from a minimum of 20 to a minimum of TO-. and makes the maximum age IS years instead of 20. Again the Alaska act violates the Con- gressional act by changing the ten ure of school boasds from three years to one year, and by requiring such boards to report, in addition to thel matters required by Congress, an re- ceipts and expenses pertaining to schools.
 The last violation mentioned in the opinion is the fact that the Alaska act requires the Governor to appor- ton to each district sufficient funds to run the schools for mot less than five months" instead of "for five