The Alaska daily empire., 1922-07-07
BILL PROPOSES SUPREME COURT
 FOR TERRITORY
Delegate Introduces Measure in Congress Providing
 for New Court.

was introduced in Congress last month by Delegate Dan Sutherland, according to advices received here. The Delegate has mailed out num- Der of copies ito attorneys in the Ter ritory, asking for suggestions as to amendm ents
 The rJill follows in full:
 To provide for the establishment of
 the Supreme Court for the Terri
 tory of Alaska, imposing additional
 duties on the district judges.
 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter there shall be established a Supreme Court of the Territory of Alaska which shall consist of chief justice and three associate justices, to be com posed of the judges of the district court of the several judicial divisions of the Territory of Alaska, any three of whom shall constitute a quorum Provided, That the judge who pre- sided at the trial of a cause in the court below shall not sit at the hear ing of the same case on appeal, or writ of error in the supreme court of the Territory.
 Sec. 2. That section 1887, chapter 51, of the Compiled Laws of Alaska shall be amended to read as follows
 Sec. 1887 That in all cases other La, tt0c tv, rtrht tntt txfsit fkf or appeal will lie direct to the Su preme Court of the United States as provided in section l336, in which the amount involved or the value of the subject matter in controversy shall exceed $500, and in all criminal cases writs of error and appeals shall lie from the district court of Alaska, or from any division thereof, to the Su irene Court for the Territory of Al aska, and the judgments, orders, and decrees of said court shall be final in all such cases. But whenever instruction of the Supreme Court of the United States upon any question or proposition of law which shall have arisen in any such case, the court may certify such question or proposition to the Supreme Court, and thereupon the Supreme Court shall give its instruction upon the qucs tlion or proposition certified to 1t and it's instructions shall be binding upon the Supreme Court for the Ter ritory."
 Sec. B. That section 1889. chapter 51. of the Compiled Laws of Alaska 1913, shall be amended to read as follows:
 Sec. 1339 That an appeal may be taken to the Supreme Court of the Territory from any interlocutory or der granting or dissolving an injunc' xlon, refusing to grant or dissolve an Injunction, made or .rendered in any cause pending before the dis tr,;ct court within 60 days after the entry of such interlocutory order The proceedings in other respects in the district court in the cause in which such dnterlocutory order was made shall not be stayed during the tendency of such appeal, unless oth erwise ordered by the district court. ,
 Sec. 4. That section 1889 1-3, chap ter 51, of the Compiled Laws of Al aska, 1913, shall be amended to read as follows:
 Sec. 1899 IS ThGt hereafter all appeals, writs of error and other clses coming from the District Count fer the Territory of Alaska to the Supreme Court for the Territory of Alaska shall be entered upon the docket and heard at Juneau, in the Territory of Alaska, or such other place as the count may sit. as the trial court before whom the case was tried below shall fix and determine Provided, however, That at any time before the hearing of any appeal, writ of error, or other case. the parties thereto, through their rcspec- hive attorneys. may stipulate at which of the aboxo-named places the some shall be heard. in which case the case shall be remittcd to and en, tered upon the docket at the place so stipulated and shell be heard there"
 Sec. 5. That section 1340. chapter 5t. of the Compiled Laws of Alaska, 19lS shall be amended to read as follows:
 Sec l340 That all provisions of law now dn force regulating the pro cedure and practice in cases brought hy appeal or writ of error to the Supreme Court of the United States, or to the United States Circuit Court of Appeals for the Ninth Circuit, ex' cept in so far as the same may be Inconsistent with any provision of this Act, shall regulate the procedure and practice in cases brought to the Supreme Court for the Territory oi Alaska from tho District Court for the Territory of Alaska. The provi sions of chapter 51, as amended. shall enply to all casos pending in the dis trict court of Alaska at the time this Act takes effect
 WINDHAM NOTES
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