The weekly Alaska citizen., 1918-03-25

relative to the demurrer filed by the Northern Commercial company against the indictment returned by the grand jury for the infraction of the eight-hour law:
 In the District Court for the Terri tory of Alaska, Fourth Judicial Di- vision.
 United States of America, plaintiff, vs. The Northern Commercial Con- pany. corporation, and George A Coleman, defendants.--No. 764 Cri- minal. Decision on Demurrer. The indictment returned by the grand jury charges:
 That the defendant, the North ern Commercial company, corpo- ration, duly organized and existing under and by virtue of. the laws of the state of New Jersey, in the town of Fairbanks, Fairbanks pre- cinct, Fourth Judicial Division, Territory of Alaska, on the calen- dar day of Monday, March 4, 1918, did then and there agree with and cause one George A. Coleman to perform labor and services for it as it's employee on a salary, for a period of more than eight hours on said calendar day at time when neither life nor property was in imminent danger and the said defendant, George A. Coleman, at said time and place. at time when neither life nor property was in imminent danger, as the em- ployee of said Northern Commer- cial company, on salary and pursuant to agreement as afore- said, did. on said calendar day in the aforesaid town, perform labor and services for said defendant, the Northern Commercial com pany for a period of more than eight hours; contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America"
 Appearing separately, the defend ants demur on the following grounds:
 "Q) That the matters and things set forth in said indictment do not constitute a crime or pub lie offense.
 "(2) That the matters and things charged in said indictment against this appearing defendant are not a crime or a public of fense, and said indictment fails to show that any crime or public of- fense has been committed by this appearing defendant.
 "(3) That the act of the Alaska Legislature under which said in- dictment is laid and upon which 1t is based, to wit, chapter fifty five of the Session Laws of Alaska for the year one thousand nine hundred seventeen. Is unconstitu- tional and void, and is contrary to, and in violation of, the provisions of the Fourteenth Amendment to the Constitution of the United States.
 "D That said purported act of the Alaska legislature, under which said prosecution is had, to wit, chapter fifty-f1ve of the Ses- sion Laws of Alaska for the year one thousand nine hundred seven teen, was not passed in accordance with the provisions of section thirteen of the Organic Act, under and by virtue of which the Alaska legislature is created ana Der forms it's functions, all of which is shown by the journals of salt legislature, to which reference Is hereby specifically made; the said particulars in which said section thirteen of said Organic Act was violated being as follows: (a) That in the senate the said bill was not read second time, and, after it had been amended by a Conference Committee, was not passed in the manner prescribed by law; (b) That, in the house of representatives. said act was only read once. and was never given second or third reading, and was never passed by the house of rep resentatives."
 This prosecution is laid under Chapter 55 of the Session Laws of 1917, the title thereof and first two sections being as follows:
 "To regulate and limit the hours of employment for all wage and salary earners in the Territory of Alaska, to declare the violation thereof misdemeanor and to pre-. scribe the punishment therefor.
 Section l. That a period of employment for all wage earners, and salary earners in the Territory Of Alaska shall not exceed eight hours (8) within any one calendar day, except in cases when life or property is in imminent danger. Employment as herein used shall be construed as the performance of labor or services for any indi- vidual. partnership, association or corporation, whether the person performing such labor or service be member of such partnership or association or stockholder or officer of such corporation or not. Section 2. Any person, per. sons, association or corporation who shall violate or cause to be violated any of the provisions of this act, shall be deemed guilty