The Alaska daily empire., 1921-06-03
FIGHT OPENS ON JONES SHIPPING
 BILL IN COURTS
Court Asked to Enjjoin Col lector of Customs from
 Enforcing Chapter 27.
Continued from Page One.)

Mr. Troy prior to his departure .ast evening for Seattle. MT. Troy sait that the Government will be repre- sented in the case by United States Attorney J. A. Smiser to whom copies of the complaint and motior for restraining order have been for warded. Copies of the complain have also been forwarded by tho Collector of the Customs to the Gus toms Division of the Treasury De partment and to the Commissioner of Navigation of the Commerce De partment.
 Complaint Sets Forth Case.
 In lengthy complaint filed yes terday, it is stated that on or about May 31, the Juneau Hardware Com pany purchased merchandise fol shipment from Evart, Mich, via the Pere-Marquette Railway to Chicago the Sault Ste. Marie Railway and Canadian Pacific Railway to Van couver and thence by a British boat to Juneau. It admits that such shipment constitutes a violation of the provisions of section 27 of the Merchant Marine Act of June 5, 1920.
 Fears Confscation.
 The complaint further alleges that the Collector of Customs has threat ened and that 1t is his instructions as received from the Treasury De- partment to confiscate the said ship ment. It declares that section 27 is unconstitutional in that it gives by a regulation of commerce a prefer ence to some parts over other parts of the United States by the said regulation of commerce in said sec tion 27; that by reason of said facts, the said portion, to the extent that it so discriminates against the ports of Alaska, is void and of no force and effect" The complaint claims Alaskans have the right to ship from any part of the United States outside of Alaska to any port in Alaska over a Canadian railway and in British ship over the water part of the right. It urges the i'm portance of the question to Alaska and declares that large quantities of merchandise are involved in the final determination.
 Asks for Remedy. =
 The complaint asks that the Court perpetually and forever enjoin and restrain the defendant and his depu- ties, his successor and his deputies, " from confiscating, first, the said of merchandise made by the Juneau Hardware Company; second, from confiscating any mer- chandise of any kind shipped to the Territory of Alaska by any per son or corporation from any part of the United States over a Canadian railway line and thence bf water via British vessel in violation of said section 27; third, from en- forcing in any manner any provi- sion of section 27 which discrim- mates against the ports of Alaska and in favor of the ports of the United States outside of Alaska either against the Juneau Hardware Company on said merchandise or against any other merchandise shipped in violation of section 27.
 A temporary restraining order is asked pending the final determina. tion of the case.
 Shipment Is Made.
 In an affidavit made by w. C Johnson, of the Juneau Hardware Company, it is stated that the ship. ment was made on June |. anc should arrive, here about June 15 On the basis of this affidavit, ths Attorney General gave notice tha, he would move before Judge Jen ningsc at Ketchikan next Monday morning to have the temporary re straining order issued at once.
 Attorney General Rustgard vii leave on the steamer Northwestern today for Ketchikan to appear il the U s. District Court and argu his motion for temporary restrain sing order to be issued against tn Collector of Customs.