The Alaska daily empire., 1921-06-15
JENNINGS STATES CONGRESS HAS
 POWER TO CLOSE ALASKAN PORTS ; IN OPINION ON SHIPPING BILL

That Congress not only has the tween American points and Alaskan ports to vessels of American owner ship and registry, but, if it chooses. to exercise it, it has the power to close absolutely Alaskan ports un- der Article Four, Section Three, Clause of the. Federal Constitution, is the opinion of Judge R. w. Jen nings. as expressed in the case Of the Juneau Hardware Company and the Territory of Alaska, ys. John w. Troy, Collector of Customs, in which Judge Jennings upheld the consti nationality of the Merchant Marine Act of June 5, 1920.
 This case was heard last week before Judge Jennings in the U. s. District Court at Ketchkan and the court sustained a demurrer entered to the complaint by counsel for the defendant, the demurrer alleging that the complaint did not state facts sufficient to constitute cause of action. Following the decision Ol Juu6o JOAhih6o, O <AttOi hCy J. A. Smiser filed a judgment of dismissal in order that an appeal might be taken at once, which was done yesterday by Attorney General Rustgard.
 The ruling of Judge Jennings in the case follows in full:
 The Opinion
 This is a suit for an injunction to restrain the Collector of Customs of the port of Juneau from taking pro- ceedings to forfeit certain merchan- disc alleged to be in transit to Ju- neau in a ship of foreign registry and ownership. and consigned to the Juneau Hardware Company. It is alleged that the Collector threatens to take steps to have said shipment forfeited on account of the fact that said shipment is being made in vio- lation of Section 27 of the Act of Congress of June 5, 1920, entitled, An Act to provide for the promo. tion and maintenance of the Amerl- can Merchant Marine, to repeal cer- tain emergency legislation and pro- vide for the disposition, regulation and use of property acquired there uuueT, anu TUT OLhCt pui poocS, NpdSt 988, Statutes 1919-1920, 2nd Session, 66th Congress), which said section provides as follows:
 "That no merchandise shall be transported by water, or by land and water, on penalty of forfeiture thereof. between <. points in the United States. includingj Districts, Territories, and possessions thereof embraced within the coastwise laws, either directly or via. a foreign port or for any part of the transportation, in any other vessel, than a vessel built in and documented under the laws of the United States and owned by persons who are citizens of the United States, or vessels to which the privilege of engaging in the coastwise trade is extended by sec tions IS or p of this Act: Provid ed. that this section shall not apply to merchandise transported between points within the continental United States, excluding Alaska, over through routes heretofore or here after recognized by the Interstate Commerce Commission for which routes rate tariffs have been or shall hereafter be filed with said commis- sion when such routes are in part over Canadian rail lines and their own or other connecting water fa- cilities."
 Facts Not Sufficient
 To the amended complaint in the case a demurrer has been interposed - <v---- xs.r.A on peea 0svnu