The Daily Alaska empire., 1933-03-18
Final Vote Seven to One Measure Now Goes to
 Governor Parks
WAY OPEN FOR TEST
 OF VALIDITY OF LAW
House to Have Flag Pres entation Next Mon-
 day Morning

With only one opposing vote, the Senate this morning passed the Hellerich repeal of the Alaska Bone Dry Law without debate and with out amendment. It will reach Gov. Parks for his action probably next Monday.
 While the Governor has not in- dicated what he will do in the matter, it is believed he will sign the measure. It passed the House unanimously and received seven out of eight votes in the Senate. Senator Hess, Fourth Division Democrat, voted no.
 Will Ttst Validity
 Inasmuch as the repealer carries an emergency clause. it will be- come effective as soon as the Gov ernor approves it, or lacking that approval, as soon as it could be repealed over his vote. The way will then be open to test the laws validity.
 Just how the test will be brought about has been only tentatively discussed. One proposed method. that has met with some approval, is to have some drug store apply through regular channels for a supply of medical liquor to be sold under prescription under the provi- sions of the National Prohibition Act. If the United States Attor- ney desires to test the repealer, that office could file action against the firm and get a decision.
 It is considered likely that any test case action taken will have to finally be decided by the Federal Supreme Court. If the lower courts decide against the repealer, the de- fendant would certainly go up to the highest tribunal. The Govern ment, should it lose in the lower court, probably would take similar action.
 Passes Two Others
 The Senate this morning passed two other measures, both by Sen ator Hess. One is amendatory of Section 3, Chapter 20, Session Laws of 1919. and requires abate- ment actions taken against bawdy houses to be brought in the name of the United States instead of the Territory as is done at present.
 The other amends sections 895, 896 and 899 of the Compiled Laws of Alaska, relative to matters that may be pleaded in civil matters by way of answer and reply.
 The measure to re-organize the Territorial educational system was completed in second reading in the Senate this morning, one or two minor amendments being written in. It will come up for final pass age Monday.
 Senator DeVanes bill to repeal Chapter 38, Session Laws of 1915, which prohibits deputy marshals from appearing as prosecutors in criminal actions in Commissioners Courts, also passed it's second read ing today.
 House in Short Session
 The House session today was brief. It adopted the Judiciary Committee amendments to the Blake bills changing the date for general elections and the meeting of the Legislature and advanced both on it's calendar for final dis position next Monday. The committee amendments have the effect of making memorials out of the bills as they require both bills to be validated by Congress before they take effect.
 Flag Presentation Monday
 The first American flag to off, cially be unfurled in Alaska will be formally presented to the House next Monday at Il am. Members of the Senate will attend in body. Rev. A. P Kashevaroff, Curator of the Alaska Museum, will make talk on the occasion of it's unfurl- ing. The Flag will be displayed by American Legion members of the House.
 J. N. Carver G. A. R. veteran. has been invited to attend the ses- sion. The general rurh1jc ie oJSo