The Cordova daily times., 1918-09-30

it Is the courts duty to take judicial notice of the peculiar conditions eX- isting in this territory. From south of the 55th parallel of latitude the ter ritory extends far north Of the Arctic circle, and from east Of the l32d me ridian of longitude to beyond the l74th meridian east longitude. Its winters are long, it's summers short: it's in dustIies. with the exception of lode and underground placer mining. are controlled almost entirely by climatic changes incident to the change of sea sons; it's area is more than half mil. lion square miles; the open season for navigation, except on the Pacific, is short: it's inhabitants. all told, mum Der less than 100000 people It is peOpled by the vigorous and energetic. IL is a country in the making. If may be said that this is as much q matter of legislative notice as it Is matter of judicial notice. This is true. But the failure on the part of legislative body to act in accord ance with the plain provisions of the fourteenth amendment affords no valid excuse for court to also dis regard the amendment.
 l am satisfied beyond all doubt that Chapter 55 of the Session Laws of 1917 Is plainly and palpably beyond all question in violation Of the four teenth amendment to the constitu- tiOn of the United States. am also of the opinion that it is class legis- lation and prohibited by the organic act.
 The demurrers are, therefore. sus- tained CHARLES F. BUNNELL, CHARLES F. BUNNELL, District Judge.
 Immediately after the filing of the foregoing decision the district attor- ney requested, by telegram, authority from the attorney general to appeal the case to the supreme court of the United States, which was granted, and writ of error was issued on May [, 1918. Later, on receipt of the tran script in the case, this authority was | revoked and he was ordered to take no further steps to perfect it The following letter to Hon George E. 1 Gligsby. territorial attorney general, 1 explained the action of the depart ment:
 Washington. June s, 1918. lion. George B. Grigsby, Juneau: Your telegram and letter dated May IT. and addressed to the attorney general with reference to the writ of error sued out from the supreme court of the United States in the case of United States vs. Northern Conner cial Company and George A. Coleman. are before me for reply. They would have been responded to earlier. but 1t was desired to inspect the tran script of record and give the matter Full consideration before disposing i of 1t.
 This department regrets that it can not accede to your request that tho writ of error should be permitted to remain on the calendar in order that you might enter an appearance as attorney general for the territory 1 Of Alaska, pursuant to Chapter 46 Laws of Alaska. 1917.
 The Revised Statutes. Section 359 i expressly provide that
 - The attorney general and solicitor ] general shall conduct and argue suits and writs of error and appeals in the
 
 United States is interested
 While the present case arises out of statute passed by the territorial
 legislature of Alaska. it can not be 1 said to be one in which the United States is not interested in view of the ! fact that the United States is the l party plaintiff of record Of course l all territorial laws in conflict with any acts of congress are ultra wires 1 the territory and void. Chapter 4G l "f the Laws of Alaska for 1917. page S3, can therefore confer no authority upon the attorney general Of the ter. l fliorv to prosecute writs of error in 1 which the United States is interested
 0ontrary to the provisions of the Re l Nised Statutes concerning the matter ''lt is clear that this department | can neither divide nor escape the re
 sponsibility imposed upon 1t by law "f determining what writs Of error shall or shall not be prosecuted before l the supreme court and whether the
 merits of the instant case do or dc l not justify an effort to reverse the | judgment of the court below The statute in question forbids the em- | ployment of all wage-earners and sal a'-v-earners for more than eight hours