The Alaska daily empire., 1923-04-30

him for approval and several joint resolutions. All Of these have been approved.
 Message In Full
 In notifying the Senate that he had vetoed the resolution, Governor Bone said
 "To the Presldeni CT the Senate, the Alaska Territorial Legislature:
 ''Because it oyerrdes a Territorlal i law and would involve. if effective, an unprofitable. if not hurtfiil, legal warfare and an actual waste of pub lie money. I disapprove and respect fully return to your honorable body Senate Joint Resolution No. ,.
 "This Joint Resolution authorizes and directs the Attorney General Of the Territory ito take suca steps as he deems proper to test the legal validity of the various fish preserves created in the Territory of Alaska by Presidential proclamation and to ltake such other steps as he may deem necessary to defend and render secure the cofn1non right Of fisheries of Che people of Alaska and the right of the future state or states created out of the Territory of Alaska and provides him with fund of s5.OOo to spend as he may deem proper in pursuance Of such steps.
 I Fruitless Conflict
 ''ln contradistinction to the original IproposIdlon which in defiant tone land spirit, plainly invited residence llby canneries ana fishermen alike Of I governmental regulation of the fish cries and empowered the Attorney General, in the name of the Terri Itory, to give legal battle. in their lIbehalf, this resolution, wisely sub stituted by the Senate. is flttingly worded as becomes legislative body and quite unobjeetionable in its Iphraseology. But, carried into effect lit would nevertheless bring the Ter ritorfal and Fedenal governments into lfruitless and undesirable conflict over an issue which has stood the re peated tests of years.
 Under Chapter 25, of the laws of Alaska, session. 1921, the Attorney General possesshs broad powers to institute suits or actions in Che name of the Territory to determine the : constitutionality or validity of any statute seriously in doubt and tc : institute or defend actions or suits l: for private individuals or corpora : tions. and at the expense of the Ter : ritory, whenever the Importance ol : the question involved to the inhabst : ants of the Territory shall warrant , it. This act say be invoked a : any time to guard and protect th' : interests of the Territory and it' people. But the statute expressly stipulates that mo such proceeding Ilshall be instituted or maintained il 1.-the name of the Territory or at it expense except with the approval O 1.-the Governor, Secretary and Treas nrer or any two of them Unde
 Joint Resolution No. this restric tion is removed and the Attorne, General is not only authorized, bu directed, to take iany steps HE ma. deem proper in the institution 0 suits and proceedings in the name 0 1.-the Territory and at its expense while the Governor, under the statute but without voice in the premises would still be party to such suits O.
 proceedings, as agent of the Terri tory, or be forced arbitrarily to dis sent thereto. It is not to be be lieved that the Legislature had sucl intent, or that the Attorney Genera would abuse the added power giyel him; but the temper of the origina resolution, drawn at his hands, woult seem to emphasize the value of th' statutory check imposed.
 Legal Phases
 "If the fish preserves or reserve of Alaska be invalid, the executive orders or proclamations creating sucl reserves were and are invalid, illega land unconstitutional. Yet three Presi idents of the United States in turn within 10 years, in seeking more ef fectively to insure the protection 0 the fisheries,' Have exercised sucf power and in each case, in issuing such executive order or proclamation the President has expressly stated that it was by Virtue of the power in me vested by the laws of the United States The validity of the reserve system is recognized by Con gress and has been sustained by the Supreme Court of the United States Therefore, litigation on this point or |the part of the Territory impresses me as most ill-advised and potent only for mischievous cost.
 | Accomplish No Purpose
 gro test anew the validity of execu ltive power already well tested and thoroughly established would certain Fly accomplish no useful purpose.
 "The Alaska Legislature by memo trial has recorded it's condemnation of the fisheries reserve system. Had Tit entered protest against the en- ltire reserve system-the system in Iltoto oc aiffoofiin CT bntb land and wa