The Daily Alaska empire Newspaper, August 14, 1930, Page 8

APPEALS COURT HOLDS ONE LAW T0 BE INVALID Statute on Mode of In- structing Juries Is Set ! Aside by Decision Legi: ure h to enacs la conc nd manner of triet cour the Act passed to ths 7 ture in 1929 is, valid, declared the Circ 1s for the N ion rendered 3 in the case of Carl Hauptman, et al, taken up from Ketchikan Judges Wilbur and Dietrich con- curred in the opinion while Judge Rudkin dissented and in a minor- held that the law was the reason that “a terri- Jjudge is not as free from the rol of a Territorial legislature as a United States district judge from the control of a State legis- lature. Control of Juries right of the Territory to he manner of select- it juries was up- subject hed to if not have grounds for rev are rsal, the 2 0] on held. Judge Dei- grich dissented from that vie however, say! datory requirement of the statute “js substantially violated, or dis- regarded, a party to an action without remedy by seasonable ¢ lenge to the jurors so unlawful selected, or that to succeed he must affirmatively show prejudice—gen- crally possible for him to carry—or th: the appellate court will ignore a plain violation of the law in t case merely because actual prej dice is not affirmatively establish- ed.” Judge Deitrich, however, held| that in selecting the jury in the| Hauptman case, the Territoria: ctatute had been substantially com- plied with. Prepare List Together The Territorial jury law requires names of jurors to be placed in the jury box alternately by the Clerk of Court and Jury Commissioner. If a list of jur has been pre- pared jointly by these two officers it is no violation of the statute if the names are not put in as pre- scribed and even though that pro- vision should be ignored, it is not| ground for reversible error, said the majority opinion. It also held that in Alaska there is no chal- lenge available to the entire jury panel and that a challenge to each member of the jury in effect is & challenge to the entire panel and that the trial court properly over- ruled the several challenges. The opinion then said: “We con- | clude, first, that the Legismure of the Territory of Alaska has power to regulate the method of| selection of grand and petit jur-| second, that it has no power | fes; to regulate the jurisdiction and authority of Federal courts hearing | appeals from the Territory of Al-| aska; third, that the provisions of the law of Alaska (Stat. of Alaska 1925 p. 29) with reference to lh(-i Keep Dry with an Alligator Raincoat They Never Leak SABIN’S I | We Suggest— DILLARDS —the New CHOCOLATE CREATION Phone 25 <118 Sewnrd St ctions of the | ly to the defendants, | g that where a man-| uuumumummuhlmmluunmmm Thomas A. Edison shown with the two b scholarship in the past two years. loture WaRIRRE e iawn of Mr. Edison’s home, West Williams, jr. (left), Wilbur B. Huston of Seattle, right. Wa EDISON AND HIS “VBRIGHTEST BOYS” had been announced the winner for this year. | which were taken over by Pilot Renahan, and proceeded t0' Ke |ikan late yesterday afternoon. |the Sitka with Mr. and Mrs, Skih- |ner were John Gilbert, production manager of the Alaska Pacific Pack- Meyring, Sitka At Ketchikan The Sitka will be based at Ket- | | chikan, and its regular pilot will | be Lieut. Meyring. Mr. Skinner and Mr. Gilbert will make their | |headquarters in Ketchikan for the >'reminder of the fishing season. | Pilot Renahan is scheduled to go 'from Ketchikan' to' Seattle by boat. (He will be engaged in piloting .“p)anes on the Seattle-Victoria-Van- | couver, B. C., triangular route. Wrangell Stays Here | The Wrangell, after taking M. } ‘and Mrs. Skinner to Kake yester- |day afternoon, returned with Clark ‘Wing as pilot and spent last night ling Company; Mrs. Gilbert, E. A.| ! airplane pilot, and Mrs.| Meyring. | in the Juneau hangar. The Wran- | |gell will be based here. Larry Parks, local repreunmlvew of the Alaska-Washington Alrways, | announced today that no plane| would be sent to Anchorage to| 'bring Willlam Howard Gannett, of | Augusta, Me,, publisher of the mag- | azine, Comfort, to Juneau. At the| beginning of this week, Mr. Gan- nett had cabled here for a plane,| ‘but weather conditions- prevented a flight to the Westward. Mr. Gan- inett will come here aboard the |steamship Alaska. From this city he may fly to Seattle, if weather conditions permit. | Miss Muriel Jarman and Miss |Grace Naghel, popular membets | jof the cast in the recent Elks |Show, and two friends of each af |them will be offered airplane rideu by the Airways as soon as the| | weather is favorable for pleasant 'flying. Assoctated Press Photo The picture was taken on the Orange, N. J., jul( after Arthur O. sh., who won last year, Is on the drawing of the jury are mandatory; fourth, that the defendant in a criminal action cannot take advan- tage of slight departures from the | Procedure enacted by the Legisla- ture without showing his rights a burden it would be im-|have been prejudiced thereby; fifth, that the law of Alaska still pro- hibits a challenge to the panel and us, in effect, deprives a party of e right to complain of the meth- od of the selection of names for the jury box; sixth, that the pro- | hibitions contained in section 12 of the laws of Alaska, 1925, p 37 | were not inended to apply to the | | | lw-w-—w— |only to the proceedings on the method of selection of names fo! or the deposit of names in the jury box, but were intended to apply trial of the case.” e ATTENTION GROCERS You are \n;'('(l to attend the | meeting at the DUGOUT Friday at 9 p. m. to discuss a uniform | plan of closing hours for grocery | | Mr. and Mrs. Skinner boarded the plan of closing hours for grocery stores. NO —adv. TOO HIGH J UST EXACTLY RIGHT | SITKA BASED YOUNG MAN ARRESTED ATKETCHIKAN: °" s““mmf_“‘f: WRANGELL HERE ' yesterday on a statutory charge by\ Ch\ef of Police George A. Getchel\ nd Deputy United States Marshal | T Hadlund. A preliminary exam- ination was set by Judge A. Anghorage Tnp. Cancelled £30 e united States Commis- —Popular Girls and |sioner's court Friends Will Fly Wheat's alleged victim 1s a 14-| = year-old white girl. The man is| ‘; Having come herc irom Ketchi- |said to be a recent arrival on Gas- |kan Tuesday evening and then tineau Channel, coming here about having departed immediately for three months ago and has been Funter Bay, where Tuesday night employed at Switzer's dairy farm, noon. | was spent, the seaplane Wrangell, —————— |Pat Renahan, pilot, left Funter, ATTENTION GROCERS | vesterday with Gilbert W. Skinner, | president of the Alaska Pacific| you are urged to attend the Packing Company, and Mrs. Skin- 'meeting at the DUGOUT Friday ner and took them to Kake. There's{ 9 p. m. to discuss a uniform —adv. TOO | LOWs thc controls of stores. NOT seaplane Sitka, DEL DUNBAR SHRIMPS, SCHILLING’S S. & W. OVEN BAKED BEANS, large cans, 2 for ... 55¢ S. & W. BROWN BREAD, large cans, 2 for ... 45¢ RED ROCK PIMENTO CHEESE, per cup ... B g 20¢ RED ROCK CREAM NORWEGIAN SARDINES, (in purc olive oil) per can DORADO CLUB SILVER FIZZ— F RESH F RUITS and VEGETABLES GREEN PEAS, 2 STRING BEA! GREEN ONION BANANAS, 2 pounds for ... i, 0t oaitie.s4:.25¢ PEARS, (BARTLETT), per dozen HOME GROWN TURNIPS, BEETS, SWISS CHARD, MONTE COFFEE, PREPARED MUSTARD, per jar S, per pound LLARGE LETTUCE, per head ' SEEDLESS GRAPES, per pound ..... ..... .... CARROTS, 4 bunches for ..... ..... ..... oo (vacuum pack) 2 pounds for Bacans foritsi o o0 RN CRRRL LSE CHEESE, per cup 1, 1" Daily Cross-word Puzzle ACROSS 1. Style Hieh man Finds the 3's mareh i Plnce of rest 1 Pt Into dir. ferent words . Muke reddy L. Gelle Calyx lenves Hiknwny orded tabrie Luzon suvike 0 wod Act of wellle of resin 3 racts in netion Symhol for Perform Sthg i vetng finstie Solution of Yesterday's Puzzle 13 [CIA[M] Defy 13, State [o[R]ATP]e ISTETE] [R[o|Tlo|RME[R]S] ElvieMIRIVING S] o voles . Funeral orse tion 2. Luw tufted plant 63. Rtefrained irom food sonpy nersan 9. Anclent 60. [ 2. Dixplay 64, Prepures for 10, pubiention 1 Distribute s, Jewish 41, 15th century mi DOWN . Plinet Molding . Resist h . Orlental patent erpent . Term of aftection 1 2 3. .. [3 nts 8. Devonred 7. . 9. 0. 1 B . wdl AN . Pertalning to &hl ki dlf‘l Tl nway nrut lulu l.l?. hlnl comb, rm Finest ganiity 0. peers 1. Panetnation mar! 53, Myselt . Collewe degres 83, Moors, 54 Lamb's pene for Friday after-| *“It Blends—and How”, per bottle. 25¢ poundsder ... ..o, saai S, S bufichesfor ;. i iii vinie RADISHES---FRESH DAILY ] California Grocery [ J. M. SALOUM SWIFT’S BACON—A new shipment, fresh and delicious, pound 40c at GARNICK’S, Phone 174 = ALLIGATOR SILK The new vogue in rainwear Style in every line—soft, draping fabric—exquisite moire effect in gleaming, transparent colors—these are the qualities Fashion is sponsoring in the new Alli- gator Silk Coats. Light enough to wear over your daintiest dress—preserving theslenderlinesofstylo over any ensemble — absolutely waterproof. Our selection invites your cholee of color and assures a perfoct fit = - A Big Line of Raincoats J USI‘ RECEIVED Placed on Sale for Quick Turnover— New Low Prices Leader Dep’t. Store PHONE 454 GEORGE ‘BROS. “The Style Center of Juneau” NO TWO MEN ARE BUILT ALIKE Our suits are made to fit you by the National Tailoring-Co. FRONT STREET Next to Gastineau Hotel FOR HOME PORT AT CARDINGTON 2 mevmsesein, = 2o Newspaperr; and Tech- nical Officers Aboard MONTREAL, Britain’s monarch of the airways, the R-100 soared from the moor- ing mast at St. Hubert Airport at 8:28 o'clock last night bound for| the home port at Cardington, Eng- land. Squadron Leader Booth is command and there is a party of 13 newspapermen and Canadian Technical officers aboard in addi- tion to the complement of 44 of- ficers and men. AGED PARROT TALKS OF OLD LOVE CRIME LISBON, Aug. whose age is stated to be more than 180 years and which twice crossed the Atlantic Ocean with his master, King Joao VI, when Brazil was a Portuguese dominion, is the only llving witness of a love‘ crime, which to this day has re- mained something of a mystery. Fleeing before the Napoleonic in- vasion of his country, King Joao] his wife, Queen Joaquina CarlottaA Free Delivery Post Office Substation Company | J uneau Drug { | 1 i and the court moved to Brazil, Dr. Silveira Cardoso, author of (a new history, describes the mur- der of an Itallan prima donna of rare beauty. He says she occu- pied a warm corner in the Portu- stabbed to death by a British offi- cer of the king’s household, at the queen’s instigation. The only word uttered by thg dying beauty was “Morro,” mean= ing “I am dying,” which the parro% ceaselessly repeats. The parrot remained in royal pogession until 1910, when the Re- |publican troops dispersed the re= tainers of King Manuel. It ha§ since been cared for by an old fool man who lives in a small town with the pet which has survived seven kings. FEDERAL OFFICERS SEIZE LIQUOR BOAT In a waterfront raid staged by, Federal Deputy Marshals and Pro-: hibition agents at Ketchikan las night, Roy Elliott was arrested and the gasboat Harris, operated by him, was seized, according to ad- vices recelved today by United. States Marshal Albert White. The officers reported the seizure of & quantity of contraband liquor. as Passengers Aug. 14—Great in 14. — A parrot D e e it “Tomorrow’s Styles ! Today” | NEW FALL HATS in VELVET and FELT LE DEBUT $5.50to Compacts Perfumes $8. 75 Powders A All New Stock— Richard Il;lx'l;dd:‘l:: Latest Styles Phone 33 “Juneaw’s Own Store” e e No. 1 CORN ON COB, 4 for SWEET POTATOES, 2 Ibs. ..35¢c CAULIFLOWER, each CELERY, each!,..5.iii.... CABBAGE, pound CARROTS, 4 bunches ..... CUCUMBERS, each ........ TOMATOES, -pound ...... LETTUCE, each ............ WAX BEANS, pound . GREEN BEANS, pound .... SUMMER SQUASH, pound 18¢ GREEN PEPPERS, pound PARSLEY, bunch ...........10c SEEDLESS GRAPES, pourd .20c CANTALOUPES, each ..20c, 25¢ PEACHES, dozen ...........50¢c PEARS, dozen ceneennann..S0e PHONES 92—95 ..25¢ .40c, 35¢ .25¢ ..07¢ .25¢ .15¢ .19¢ 13¢ .18¢ .18¢ .30c Our Goods Are Always Fresh and Crisp Largest Selection of Fancy Groceries in Alaska GEORGE BROTHERS Five Fast Deliveries