The Daily Alaska empire., 1949-01-13
MEASURE I5 INTRODUCED
 IM SENATE
Senators Jones and Munz Charge Session Was
 Illegally Called
By BOB DeARMOND

lHt SUIlSIeSS Ol J1t OIllleu States is requested, in a Senate Memorial introduced this morning, to disapprove "all purported laws enacted at the special session of the Nineteenth Legislature and to thereby give evidence to the peo- pie of Alaska of Congress adher- ence to American principles and standards of government"
 The Memorial is authored by
 Senators Charles D. Jones and William Munz. both of Nome.
 The session was called, the Mem orial states, not at the request of the President of the United States and without any public danger or necessity requiring 1t. It states further that the ma- jority of the members of both the House and Senate are illegally seat ed because their terms of office will not commence until January 24, l949. and that the Senators and Representatives whose term does not expire until the fourth Mon- day of this month were not called to attend the special session. , The Memorial was referred to the Judiciary Committee, which has
 three Republican members, Sena- l tors Collins. chairman; Jones. and ! Garnick, together with Senator Rivers, Democrat. At the request of Senator Lyng, the Memorial will then go to the
 Committee on Elections, which has
 three Democrats in its membership. : 1 Senators McCutcheon. Lyng and Barr, with Senator Dawes. Repub- lican, as chairman. No Comment" i Governor Ernest Gruening's re- sponse 10 the memorial was: "No comment"
 ; Attorney General Ralph Rivers, the administration spokesman on the legal phase of the session, de- clared when informed of the mem- orial:
 There is NO question about the special session being valid. This memorial is the work of two ob- structionists.
 Rivers re-emphasiZed his previous legal position that the new legis- lators' terms started from the time their elections were certified. That was done by the canvassing board in December
 He said the Senators who were elected in l944 were certified De- cember 3l that year and House members elected in 1946 to two- year terms were certified Decem- Der F of that year. He said they therefore had completed their legal four-year and two-year terms, re- spectively, last month.
 Cites Decisions
 Rivers cited court decisions in half dozen states on the issue of when elective officers start their terms. He said his position was taken on those cases and other similar legal interpretations.
 He cited from American Law Re- ports, Annotated.
 The general presumption is that the term dates from legal ascer- tainment of the result of an elec- tion, and the officer may assume the duties of office as soon there after as he can qualify and receive his commission"
 He said there is a difference in term and tenure. He said a term of office begins when an election IS certified, while actual tenure of office begins when the oath is ad- ministered and the duties of office assumed
 Referring to the legislative situa- ticn, he added:
 Because there has been no necessity, the tenure in the past didn't start when the term did"
 Business Tax Bill
 Senate Bill Mo- ?, entitled An Act to provide for the levy and collection of General License Tax upon business performed in AL aska, was introduced this morn ing by Senator Engebreth by re- quest.
 This bill, which has the approv- al of Third Division Republican organizations, provides that flor the privilege of engaging in any business activity in the Territory" a tax shall be levied on each per- son so engaged"
 All persons exempt from Federal income tax under Section 101 of the Internal Revenue Code would