The Cordova daily times. [volume] (Cordova, Alaska) 1914-1947, 1918-03-12
DECISION WHICH
DECLARED VOID
E|CHT-HOUR Law

In the district court at Fairbanks,
on February 81, Judge c. f. Bunnell
rendered his decision in the case of
the United States VS.. the Northern
Commercial Company, charged with
the infraction of the eight hour law.
The company was convicted in the
lower court and fined the sum of $3.50.
A demurrer on the findings of the low
er court was presented to the district
court last week, and the decision of
the court was read from the bench.
Seventeen closely tyepwrittnn pages
were necessary to contain the roprt.
and nearly an hour was occupied in
reading t.
After making citation of the de-
murrer and act, the court quotes the
basing of the defendants demurrer,
which was on the following grounds:
Il. That the matter and things set
forth in said complaint or information
do not constitute crime or public of
Tense.
80. That the act of the Alaska legis-
lature under which said complaint or
information is laid and upon which 1t
is based, to wit, Chapter So of the Ses-
sion Laws of Alaska for the year 1917.
is unconstitutional and void, and Is
IN Ia ,ttni ~ 40
/ provisions of the 14th amendment to
the constitution of the United States
and of Section 10 of Article ! of the
said constitution of the United States.
and the act of congress of March
4. 1907, relating to interstate COM
merce,
SO. That said purported act of the
Alaska legislature, under which the
above prosecution is had, to wit, Chap
ter S. of the Session Laws of Alaska
for the year 1917, was not passed in
accordance with the provisions of Sec
ton - of the Organic Act, under and
by virtue OF which said Alaska legis-
functions, all of which is shown by
the journals of said legislature, to
which reference is hereby specifically
made, the said particulars in which
said section 10 of said Organic Act
was violated being as follows, to wit:
"(a) That In the senate the said
bill was not read a second time, and
after it had been amended by. con-
ference committee was not passed in
the manner prescribed by law.
"{b) That in the house of repre-
sentatives said act was only read once,
was never given a second or third
reading, and was never passed by said
house of representatives
The court further stated that judi
cial notice might be taken of the SEES
sion Laws of 1915 in which the attempt
was made to authorize or direct the en-
actment of Chapter 55 of the Session
Laws of 1917 at "the next general cleo.
ton held for the purpose OF electing
the members of the next legislature, "
in which the enactment OF such law
was left to the wish of the people. The
Organic Act for the territory of Alas
ka- approved August "a, 1872, contains
!! no provisions, through the initiative
! for obtaining an expression of the
4 electors OF the territory concerning
proposed legislation, so ii is apparent
that a wholly unauthorized act of the
territorial legislature OF 1915 to as
certain by ballot the views of the elec
tors was not binding upon the next
succeeding legislature and should not
| be presumed to bind the courts.
1 When legislature thus attempts
to act entirely beyond the scope of the
| Organic Act or constitution which
gives it life, there is at least a sus.
| picion that it was actuated by some un-
4 disclosed motive.
1 Much was contained in the docu-
| ment on the ambiguous word construc-
/ ton of the law as passed, the court
stating: Although ably assisted by
counsel in this case, | confess myself
unable to find, and counsel are unable
to produce, any act of any legislative
body in the United States which, from
the standpoint of word use and word
construction, belongs in class with
this act. It is fairly entitled to the
unique distinction of being alone
though in multitude" In passing on
the penal section of the act, which
says: ANY person, persons, associa-
ton or corporation who shall violate
or cause to be violated any of the
provisions of this act, shall be guilty