The Alaska daily empire., 1915-08-10

Juneau have succeeded In tying up and stopping road building in the Ter ritory. The contention of the First Division legislators Is that the legis- lature had no authority Go pass 9 law. apprOpriating money dericved irom the forest reserves. for use in any di. vision except that ln which the forests are situated. They base their conten' ton upon the United States statute. which provides that the states may appropriate moneys derived from for est reserves. but the further provision Is made that such moneys shall be expended only in the counties where the forests are located. The First division people insist that the diyis- ions of Alaska have the same stand ing and are virtually counties of the Territory
 Comptroller of Treasury's Opinion
 'The question of what position a judicial division holds, aud whether or not it has the same standing as county was taken up by the conn troner of the treasury more than a year ago. At first the comptroller held that the divisions had the same standing as counties in the States. but after the matter was presented to him fully and after briefs were submitted. he reversed himself and held that an Alaska should be treated as whole. as one country.
 Delegate conours
 "Delegate Wickersham, who made the argument before the comptroller of the treasury, stated yesterday that he was convinced that the decision was proper and he feels sure that the courts will uphold that view
 He further suggested that even if the legislators of Juneau should win their suit, they would be worse off than when they started. The les islature passed the bill, dividing ths money between the four divisions Should that bin be held worthless. and ! illegal. it would be so in its entirety and the First Division could not use any of the money until a new approp riation were made With the legis lators of the other divisions 'peeved, it would be improbable that any ap propriations would be made. and a. @ consequence, the money would prob ably lie in the Territorial treasury.
 Suit Explained
 gro secure the full data on the sui brought, the Times wired its cores pondent at Juneau and received th' following telegram
 Juneau. Alaska, July 6. 1915 Times. Fairbanks.
 Forest reserve suit brought 1T name of the members of legislature for the First Division, asks court tC declare that all receipts from Tonga' forest belongs to First Division, and further asks that the Territorial treasurer be enjoined from paying out money under recent act of legis lature. whereby the funds were di yided up between the four divisions In the complaint. the federal law is recited, in whicr 1t is said that one quarter of all receipts from forest reservations must be paid to states and territories in which they are sit uatedii for the benefit of schools and roads in the counties in which reserv es lie. The contention is made that the judicial or legislative divisions in Alaska are equivalent to counties in the States.
 "'The further contention is made that the law is defective in that ii does not specify what roads the mon ey is appropriated for and therefore is too indefinite.
 The desire is expressed to test the law. not only for the amount involved. but also on account of the precedent and also because the re- ceipts from this forest are increas ing at all times. and in the future will likely amount to much more money.
 "Tn the First division the feeling is unanimous that the intention of this fund to the First Division and the Congressional act was to give the receipts from the Chugach re- serve to the Third division, as the | references to counties is regarded as conclusive that the intention was that the money be spent near its source. The Juneau Empire, the Ju neau Dispatch and other papers in the division concur in this opinion. "srhe First Division members