Seward daily gateway., 1927-05-20
ARGUMENT
 ON INJUNCTION BY JAS. .W|CKERSHAM
CONTENDS ITEMS ATTACKED BY HIM HAVE NOT BEEN LE.
 GALLY APPROPRIATED
(Juneau Empire)

1 Judge Reed announced he would take the matter under advisement. He announced he would permit counsel to file any additional briefs desired giving them two days for that pur pose
 Tt is very serious question and a very important one for the court to pass on. I will take the matter un- der consideration" he said. Pending his decision, the items covered by the suit will remain tied up in accord with the restraint of the court at the time it issued it's order to show cause.
 The appropriations attacked by him in his injunction suit against Treas urer W. G. Smith are clearly void, be- ing without the power of the Legis- lature which is limited by many acts of Congress, and some of them, even if within the power of the Legislature, have no authority in law other than that contained in the general appro- priatiOns measure itself, cOntended James Wickersham before Judge T. M Reed in the s. District court yes terday and today
 The Secretary of Alaska today is veritable ''pOObah' and no one knows how many offices he holds; every Legislature seeks to give him more jobs; all because the Secretary has a wide acquaintance among mem bers of the Legislature who have con- idence in him. MT. Wickersham as serted at one point in his argument Nothing has been left undone by the complaisant Legislature and Cover nor to make the Secretary of the Ter ritOry a Territorial official" in viola tion of Section II, of the Organic act, he declared, and added this merely showed a want of intelligence and a lack of appreciation of the forms of government, and lack of ap- preciation for the opinions of the At torney General of the Territory.
 He contended the Secretary was expressly prohibited from holding any office under the Territorial govern ment; that he was not entitled to be a of the same government; and cannot receive any salary therefor
 Faces Criminal Suit
 He asserted that the Secretary was not only prohibited from holding any Territorial office but that he faced a criminal prosecution if he accepted any salary appropriated gy the Terri torial Legislature for him
 He admitted the Legislature had the power to impose additional duties on the Secretary but claimed it was to pay him for their per- formance, contending he could only be reimbursed from fees fixed by the Secretary of the Interior.
 Neither has the Territory the pow CT nor is it it's duty to provide the Secretary with offices and cleSks, ar gued MT. Wickersham. If the Federal government doesn't provide him with offices that is it's own lookout and not a matter which properly concerns he declared.
 The payment of salaries to clerks in the office of the Secretary, he ar gued, is illegal because there was no in law under which appro- priations for that purpose might be made by the Legislature.
 Overtime is Graft
 Taking up the matter of appropria- tions to pay extra expenses of the Leg islature, including funds for the two presiding officers, chief clerks, and overtime, Mr. Wickersham declared: "Overtime is one of the oldest of graft, and Congress has soug guard against it by enactment of
 Continued on Page Six)
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