The Alaska citizen., 1917-03-26
r II o \ E 2 6 2
THI: END OF ACT IL

The decision of Judge Jennings in the mandamus proceedings instituted by ChaS. A. Sulzer, ill which the canvassing board Is or dercd to issue the certificate ot election as deleoate to Mr. Sulzer ends the second act of the skit which was put on the boards Ao- vember of last year The first act was fin ishcd when the board voted to issue the cerun- cate to Wickcrsham, and which Is OyerthroWn by the ruling of Judge Jennings
 Outside oi the question of whether the court has any power to act in any way in such cases, the decision of the judge appears to be in accord with the law and facts that came before the court. Leaving out of the question who Is elected as delegate the decl- sion of the court has prevented the canvassing board from establishing dangerous prccc- dent, and emphasizes the necessity and sacred ness of the secrecy of the ballot.
 In stating that the board should be gov erned in its actions and decision by the cleo ton law alone, disregarding sentimental req sons and anything else that might induce it to overlook omissions or infractions of the law, the court has wisely limited the power of the board. This is a duty that is the prop erty of the house of representatives solely. When it gets to them it can be fought out from that standpoint. It is comforting to know that the Alaska election law is valid,
 There seems to be some conflict in opini- ons as to whether, in case of a contest for the seat in the house of representatives AL aska will have a representative if the contest should be delayed until the regular session of the sixty-iifth congress. While there are some who claim that neither SulZcr nor Wick ersham can be seated until the contest if there be such, is decided, we hold a different view In search for data on this subject we find that similar cases have been before con gresS.
 In the congressional record of Fcbru- arv 20, 1917, we find the following action taken in the "contested- election case of Dono- van against IIi," from the Fourth Congress sional District of Connecticut. Representa- tive Stevens, of Mississippi, introduced a resolution as follows:
 "Resolved, That Jeremiah Donovan was not elected a member of the siXty-fourth con- gressional district of Connecticut and is not entitled to a seat therein.
 "Resolved, That Ebenezer ]. Hill was elected member of the sixty-fourth con- gress from the fourth congressional district of Connecticut and is entitled to a seat therein"
 The two resolutions carried unanimously, and Mr. Hill was given the seat. However, this was on February 20, 1917, and the cleo ton took place in 1914. The certificate of election was issued to Donovan, which was contested. Donovan held his seat for almost two years before the contest was heard and decided, and only fourteen days Of the tern were left for the rightful representative.
 The certificate of election having been issued to Mr. Sulzer as delegate from Alaska, he will draw pay from March 4, last, until his term is completed or his seat successfully contested And he will likewise represent Alaska for the full term, or until the house of representatives may decide that his opponent should have received the certificate