The Daily Alaska empire., 1946-03-15

the sole judge of the election and qualifications of it's members and that the Legislature of the Terri tory of Alaska is the sole judge of the election and qualifications of it's members, and the Courts have no jurisdiction to determine either the election or qualifications of members to this Legislature. The law, having imposed upon the Legislature. the right and duty to determine the legal qualifications of it's members, it would seem to be the duty of the Legislature to see that all members of such Legis- lature are duly elected and duly qualified under the law.
 We therefore recommend that Senate Bill No do not pass"
 Following acceptance of the Ju- dietary report, Senator Rogge rose to put the challenge, declaring:
 Tn view of the report of the Judiciary Committee on Senate Bill No. 5, it appears necessary that this body, in order to dis charge it's obligations, should in ouire into the qualifications of any member who is a member hereof unlawfully.
 Tt is common knowledge in my Division that MT. Steve McCutch- con had not been a resident of the Third vision for two years prior to his election from the Third Division, contrary to the Organic Act. which was enacted by Con- gress.
 Right Challenged
 T. therefore, challenge his right to sit as a member of the Senate, and
 Move that the Judiciary Com mittee be instructed to hold an in vestigation, determine whether MT. Steve McCutcheon is qualified as a member of the Senate from the Third Division, that he be given an opportunity to be heard by the Committee and that it report tie facts with appropriate recommen- dations to the Senate
 Second Division Senator Frank Whaley seconded Rogges motion. Put to vote, the motion carried, II to 5; Senators Brownell, Cor don. Lyng, McCutcheon and Ner- land voting in the negative.
 Evidence Coming
 Judiciary Committee Chairman Cochran later announced that the hearing to take evidence regarding the qualifications of McCutcheon would be opened by the Judiciary Committee next Monday evening at g o'clock, in the Senate Cham Der.
 Reading of the Journal and other items on the Senates regular or der of business, deferred this morn ing until the McCutcheon matter had been aired, was thereupon re- sumed, but was broken again by a call for second inquiry:
 Senator Walker asked that M P. Mullaney, interim appointee to succeed O. s. Sullivan as Tax Commissioner. be called to appear before the Senate at o'clock to- morrow afternoon to answer ques- tions regarding his qualifications tc occupy the office. MT. Mullaney is among those gubernatorial nom- inees whose names have been sub- mitted to the Legislature for con- firmation at this special session.
 Other Reports
 Other committee reports received by the Senate this morning were s. B. 18, to withdraw Alaska Ter litorial Guard appropriations, "de pass" from Finance; s. B. IT, tt purchase Sydney Laurence painting of Mt. Mckinley, mo recommen- dation" from Finance.
 Committee Substitute for $. B ' g, the Veterans Bonus-Loan Act passed yesterday by the Senate was reported out as correctly en crossed and was signed and sen over to the House at 10:o2 o'cioci this forenoon.
 Getting down to the calenda