The Alaska daily empire., 1921-03-03
VACANCY NOT TO BE FILLED, SAYS
 GOVERNOR RIGGS
No Special Election to Be Held-Burroughs to Be
 Buried Next Friday.

uOL call d Spetldl ClCItlOD III thN Second Division for the purpose of choosing a Representative to fill the vacancy left in the Territorial Leg islature by the death of E. w. Bur roughs, of Nome, who died in Seat tie yesterday morning. After re- viewing an opinion given by Attor- ney General Rustgard as to the technical points involved in calling such an election l have decided that it would be unwise to attempt to hold an election to fill the va cancy," said Gov. Riggs.
 Questions Involved.
 In seeking an opinion as to the procedure involved in the case, Gov. Riggs submitted four questions to the Attornely General, being,
 Il. Is the provision of Section 4 of the Organic Act requiring the Governor to call special election in the case of the death of a member of the Legislature mandatory?
 8. In case a special election is called, what notice must be given?
 8. In casea special election IS called, what law governs the election?
 "A. Are the present conditions such as to render special cleo tion in the Second Divisi n prac- tical?"
 In his opinion MT. Rustgard holds hot ho ic datory, that the Governor must use his best judgment under the cir .cumstances affecting the value Of the election that a special election must be called at such time that the Commissioners be given fair op- portunity to issue the 30-day nouce required by the Federal Election lew; that the election machinery provided by the Federal Election law applies and that the Territorial law does not govern cases of this character.
 Cites Difficulties.
 In answering the fourth question the Attorney General cites the con- ditions of communication prevailing in the Second Division. He also states, Tt should also be observed that the returns of the election must be canvassed by the Territorial Canyassing Board, and this cannot be done on telegraphic information. The certificate of election could not be issued until, in addition to hay ing some of the returns, the Can yasing Board is satisfied that those returns are expressive of the result of the entire election and would not be changed by the arrival of re- turns delayed in transit.
 Under the circumstances, 1t IS difficult to see how an election could Ge held in substantial compliance with the law in time to allow the new member to fill the vacancy to take his seat before the expiration March T."
 Other Vacancies Cited.
 The death of E. w. Burroughs, Representative-Ele from Nome, just before the meeting of the Leg islature, it is stated, will cast shadow over the opening of the Fifth Alaska Legislative Assembly, This is the third time that mem Der has died just before the begin ming of a session and the fourth time the Legislature convened with out a full membership.
 Representative Mulally of the Fourth Division could not leave Fairbanks to attend the First Leg islative Session, so he never took the oath, and throughout the session there were only three members of the House present from that Di- vision.
 Senator Elwood Bruner, the hold over Senator from the Second Divi- sion, died in the winter of 1915 and when the Second Legislative Assembly convened there was only one Senator present from the Second Division. Tom McGann was elected to fill the vacancy early in March, and made very fast trip to Ju- neau via dog team, and served in the Senate during the latter DOT tion of the session.
 Representative John c. Held of Juneau died early in 1917, so the Third Legislative session opened with one seat in the House of Rep resentatives belonging to the First Division vacant MT. Held had served as a Representative in the Second Legislature. and had been reelected to the Third. l. Sowerby was chosen at a special election tC fill the vacancy, and he took hi seat early in the session.
 There was a vacancy in the Sen ate of the Third session in 1917 for the last half of the session wheI Senator Charles A, Sulzer, hold over Senator from the First Diu sion, resigned to take bis seat a Alaska's Delegate to Congress.