The Nome daily nugget., 1918-04-05

In the District court, for the Terri
 tory of Alaska. Fourth Judicial Di-
 vision.
 The United States of America. Plain
 tiff
 Northern Commercial Company q Cor
 poration, Defendants.
 The defendant was on the 2ith day of January, 1918, convicted in the CoInmissioner's Court for the Fair banks precinct, Fourth Judicial diVl- sion, or misdemeanor on q com plaint under chapter 55 of the Session Laws of 1917, commonly known as the eight hour law" An appeal has been perfected in this Court where the case is now pending on a second amended demurrer filed by permission of the court upon stipulation of counsel.
 Here the court recites the text of Chapter 65 in full, afterward proceed ing as follows:
 The complaint charges:
 That the above named defendant the Northern Commercial company, a corporation organized and existing under and by virtue of the laws Of the State of New Jersey, and the de- fcndant, George A. Coleman, as its agent and manager at Fairbanks, Alaska, hired and employed one Ed ward Clausen to work for the sald Northern Commercial company at Fairbanks Alaska, under salary which said hiring provided that said Clausen should work for said com- pany each calendar week day for more than eight hours per day and pur- suant to said hiring, the said Edward Clausen on the said calendar day of January 21, 1918, at which time neither life nor property was in imminent dan ger, did work for said Company In the said town of Fairbanks for more than eight hours"
 In the lower Court the Government dismissed as to George A. Coleman one of the defendants named in the foregoing complaint.
 Defendants demurrer is based upon three separate grounds:
 "1--That the matters and things set forth in said complaint or infor- nation do not constitute crime or public offense.
 islature under which said complaint or information is laid and upon which it is based, to wit, Chapter 55 of the Session Laws of Alaska for the year 1917, is unconstitutional and void, and is contrary to and in violation (of) the provisions of tho fourteenth 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, 19l7 relating to Interstate Commerce.
 3"-That said purported act of tho Alaska Legislature, under which the above prosecution Is had. to wit; Chapter 55 of the Session Laws of the Territory of Alaska for the year 1917, was not passed h accordance with the provisions of Section 13 of the Organic Act, under and by virtue of which said Alaska Legislature was created and performs its functions; nll of which is shown by the Journals of said Legislation, to which refer ence Is hereby specifically made. the aaid particulars In which said section l3 of said Organic Act was violated being a follows, to wit:
 (a) That in the senate the bill was not read a. second time, and after 1t had been amended by a Conference Committee was not passed In the man. ner prescribed by law.
 (b) That in the House of Repre- sentatives said net was only read once, was never given second or third reading, and was never passed by said House of Representatives"
 The Court may properly take judi cial notice of the Session Laws of 1915 insofar as the same attempt to authorize or direct the enactment of Chapter 55 of the Session Laws of 1917. In Chapter 55 of the Session Laws of 1915, 1t is provided In Sec ton 1, That there shall bo submitted to the electors of the Territory or Alaslca, at the next general election s...-1p-....s---...-.
 A A Al A 4 A.