The Alaska daily empire., 1915-07-02


 iricl contrary to the provisions and inton, of said hct of Congress- ap- proved May 2S, 1908 and to Che ira. parable damage and Injury of said Dlgislon Mo- ], Of Alael.a, represented by these plainuffe end compartments, in that. if the wrongful and unconsti- tutiunal provisions of said Alaska Ter rltorial Act pasaed and approved as aforesaid on April 2s, 1915, making such division of said school and road und. as aforesaid me carried ont and performed by said defendant ao said Treasurer Of the Teiritory of Al. aska. said school and rpad fund SO created. as aforesaid, win be divided into four parts as directed by said wrongful and unconstitutional act of said Legislature; lhree-iourths part ol said full sum to.wit; the sum Of thirty-nine thousand ssreu hundred twonty-six and 12.l00 dollars, will be entirely lost Go said Division No. ], of Alaska. its residents, citizens as well as the school children therein, (of which there may be many) will be deprived of the use and of the whole of same for such said school and road purposes, without redress or possible recovery of the said mon ey or fund belonging to said Digis- ion No. ], of Alaska. to the great and irreparable injury and damage of the said school children and residents, inhabitants and citizens Of said Divis- ion No. l, of Alaska
 That the said forestry, school or road fund. aforementioned, end amounting 30 far, to the sum of $52, 968.17 has been paid into the treas ury ol the Territory of Alaska by the treasury of the United States and now Is in she hands and custody and un- der the full control of the said de- dendant Walsteln C. Smith. as treas urer af said Territory of Alaska sub iect to the disposal under the provis- ions of said Act of the Legislature of Alaskn, and unless restrained and prohiaited by an order os this Court, the said defendant, as such treasur- or, will pay out Of the treasury of said Territory of Alaska. Che sum of thirty none thousand seven hundred and twenty-six and 12-10o dollars. (Ss9.- 726.12l belonging to said Division No l being a three-fourths part of the whole said fund, to said road dis tricts. numbered 2, 8 and I or said Territory of Alaska, to the great and irreparable injury and damage Of and to said Division No. l, and for which said Division No. 1, It's citi. zeus residents, inhabitants and the school children, have nc plain, speedy complete or adequate remedy at law
 ''That the said Act Of the said Al- asl1a Territorial Legislature, approv. ed April 2S, 1915. as aforesaid, Is void for uncertainty and is unconstitution- for the following reasons:
 (a) The said Act does not provide for a common road system in Alaska and makes no specific appropriation for the construction of any specific road within any one of the road dis tricts or divisions mentioned, and does not prescribe any particular road, nor how and where( In any one of said road districts or divisions the said school or road fund shall be ex- pended.
 (b) The said Act does not define the duties of the several road com. missioners, attempted to be created in said Act.
 (c) The said Act does not provide 70 whom the said road commission- CTS shall give the bond specified in said Act
 ld) The said Act is in conflict with said Act Of Congress. approved May 2S 1908. and therefore is void and of no effect
 Gel The said Act is in conflict with, and unauthorized by, section 8 of the Organic Act passed by the Congress of the United States of America, approved August 24, 1912, entitled "An Act to create a legisla. tive assembly in the Territory of AL asSa. to confer legislative power thereon, and for other purposes. in that. the said section 8 does not ex- tend the authority Of the legislative assembly, created by said Act to al- ter, amend modify and repeal the Act entitled An Act to provide for the construction and maintenance of roads, the establishment and mainten- ance of schools. and the care and support of insane persons in the Dis rict of Alaska, and for other pur- poses
 That of the said Forestry fund, the said sum of $52.96817, was paid, as aforesaid, to said defendant Wal. stein G. smith, as treasurer of and for the Territory or Alaska. and was SO paid to said defendant, as such treasurer, on account Of and derived from sales of timber. uses, etc.. Of said Tongass National Forest Re- serve, all of which said Tongass Ma tional Forest Reserve being situat- ed in and within the limits and boun- dsFies of said judicial Division No. 1, of Alaska. That said Judicial Di- vision No. l. is civil division of the Territory Of Alaska for political and judicial purposes. and said Division No. l, is entitled to have and use all