The Daily Alaska empire Newspaper, January 22, 1934, Page 7

}x (s THE DAILY ALASKA EMPIRE, MONDAY, JAN. 22, 1934, ARNEY GOOGLE AND SPARK PLUG ~ ALASKA FISHING TAX UPHELD AS CONSTITUTIONAL Judge Alexander Sustains Demurrer to Injunction Against Treasurer (Continued from Fage One) ileges thereunder, and if the non-| resident fisherman only sees fit} to use his license tewnty-three days out of the year that is his concern and not the fault of the| law. The buyers of an automob icense might as well complain that the license law discriminates against | him because he uses his automobile | only on Sundays or holidays where- | as other people used their auto- mobiles every day, even though both were issued exactly the same kind of license. The material fact| in this regard is that the fishing license issued to non-resident citi- zens is exactly the same license issued to resident citizens and gives to the non-resident citizen the same right to fish, and for the same length of time as a resident fisherman, and the fact that he chooses to use it only for twenty- three days, as alleged, is his affair | and his alone, and he can not be heard to complain because -of his failure to exercise that right. Discriminaticn Justified “The right to discriminate in favor of its own citizens as against nen-residents is so well established | and so universally practiced as to need no argument or justification here. The only limitation upon such right is that such diserimina- tion shall not bé arbitrary or w reasonable and that, where cl fied, all persons within the class must be treated alike. “It is next contended that thel act in question deprives of his constitutional rights and his right to the equal protectign of the law, and his right as a citizen of the United States to fish in the Territorial waters of Alaska. “To this I cannot agree. The/ plaintiff has no constitutional right plaintit? | | BARNEY GOOGLE — WILL ARRIVE TWO O' CLOCK — BE SURE AND MEET ME - YOUR SWEET WOMAN Great Elk Herd Evades Hunters : Nm.(,’, F aces Death by Starvation Game atihorities fear many elk in the Jackson Hcle country will perish from lack of focd this Tco many of them—between 25,000 and 2 of elk fecaing cn hay supplied by the U. S. Biologicel Survey farm near Jackson, Wyo. winter. expressly for them. 000—=survived thz PRESIDENTS’ WIDOWS AT MEETING to fish in the territorial waters of | H Alaska and has not been deprived | of any constitutional right or o;L the equal protection of fhe law in that regard, but has the same right as all other citizens similarly situ- | ated, to exercise that right by | paying the license tax imposed by the Territorial Legislature there- for. | Complaint Explained «It is further contended that plaintiff will either be required to comply with the aforesaid act or be subject to fines and imprisonment; wnd assessments as therein provid- ¢d, and that he (the plaintiff) and| other fishermen similarly situated, will thereby suffer irreparable in- jury and be deprived of their property and liberty without due| process of law, unless the injunc- tion herein issue as prayed for, that said discrimination is unlaw- ful and unreasonable in that the Territory has no power to tax non- resident fishermen, who are citi- zens of the United States, morc than resident fishermen for the privilege of fishing in Alaskan wat-| ers; it being alleged that power is expressly reserved in the Con- gress by Section 3 of the Organic Act of 1912, and was expressly ex- ercised by the Congress By the en- actment of the White Act (Act of June 6, 1924) authorizing the Sec- retary of Commerce to set apart and reserve fishing areas in any waters of Alaska over which the United States has jurisdiction and within such areas to establish closed seasons during which fish- ing may be limited or prohibited as he may prescribe, etc, and that he has no speedy or adequate rem- edy at law. “It is probably sufficient to say that T agree with the contentions of the Attorney General that the complaint herein does not state facts sufficient to entitle the plain- tiff to the relief demanded. " “In my opinion the act in ques- tion was a valid exercise of the legislative powers conferred upon it by the Organic Act and is not unreasonable or discriminatory; and that plaintiff has a speedy and adequate remedy at law, in fhat I believe as contended, that the plaintiff can plead fhe iliegality of the act in defense to any crim- inal prosecution brought under said act, or can pay the tax under protest and then recover the same by a proper action at law if the law is declared illegal. “The right to tax is inherent, I nized that The widows of two former Presidents, Mrs. Woodrow Wilson (left), and Mrs. William Howard Taft (right), attended the annual meeting of the national volunteer service committee of the American Red Cross in Washington. They are shown with Mabel T. Boardman (center), chairman of the committee. (Associated Press Photo) and is the very life blood through ‘SHR[NE CLUB TO START Elk in the Jackson Hole and sur- | which every governmental power | is exercised. The Congress rec: fact in Act and while reserving to itself authority over the customs, intern- al révenue, postal, game and fish| and other general laws of the United States, specifically provi therein: That this provisior not operate to prevent t lature from imposing other additional taxes or licenses.” N er is there any question abou right of the Territorial Leg of Alaska to impose such a tax. Tenure Is Sustained and th- the “I have read the briefs and all| the authorities cited hy both plain- tiff and defendant, nounced, which I consider well es- tablished, and the few authorl- ties which it seems necessary to cite specifically, the Court is of the opinion that the compiaini, for the reasons stated and for other reasons not necessary to state at this time, does not state facts suf- ficlent to justify this court in assuming the extraordinary juris-| diction sought to be applied. “The demurrer herein will there- fore be sustained, and an order may be entered accordingly.” e P P. H. ADAMS, REPRESENTATIVE OF SEATTLE HARDWARE CO., MAKES FIRST VISIT HERE P. H. Adams, wno has succeeded H. B. Carbray, as representative of the Seattle Hardware Company in Southeast Alaska, arrived in Juneau yesterday on the Northland, after completing a tour of the cities of Southeast Alaska. Mr. Adams, who is making his first visit to Alaska, is delighted with the Territory and the people he has met since coming north. ——e— California’s grape acreage is now larger in area than that of the New England cfates combined. and a large| number of others in addition and’| based on the broad principles an-| |DANCE SERIES JAN. 27 Starting a series of winter and spring dances the committee of the Southeast Alaska Shrine (,lhb ‘wday maijled invitations to 2 | first affair, which will be [ next Saturday night at the | tish Rite Temple in Juneau | committee has also been maki | preparations for the second of the | season, which will be given | February 22, ITHREE PROMINENT e Organic | { SITKA.MEN ARRIVE Eiler Hansen, Superintendent of the Pioneers’ Home; C. E. Worl- man, Sitka Business man and mem- ber of the pension bcard, and Hen- ry L. Bahrt, U. 8. Commission | were passengers on the Northland | arriving here last night from Sit- ka. During his stay in Juneau Mr. Hansen will confer with the cotn~ mittee in charge of the buil of the new home for the pioneers, in Sitka, architectural plans for which are nearing completion. DR LA L | MRS, JOHN M’CORMICK HAS RESUMED CHARGE OF THE BETTY MAC BEAUTY SHOP Mrs. John McCormick, propristor of the Betty Mac Beauty Shopp2, is back at work after a serious illness of several weeks. She has as an assistant, Miss Margaret Thor- darson, experienced operator, who recently came to Juneau from the south. Mrs. F. W. Flanigan, who was in the Betty Mac Shoppe tem- porarily during Mrs. MeCormick's illness, left for the south on the | Northland. O, DEPUTY U. S. MARSHAL FRANK D. PRICE HERE Frank D. Price, Deputy United States Marshal, arrived in Juneau from Sitka aboard the motorship Northland. _ . is produced expressly for the elk. on | R. R- hunting seascn. Above is a herd ’ It is grown | JACKSON, Wpyo., Jan. 22—Star- | vation is menacing the Jackson | Hole elk herd, the largest in the woerld. Py Game wardens and old settlers of the region south of Yellowstone park fear a repctition of tragic scenes during hard winters when thousands of the animals died. The very mildness of last au- tumn is what threatens the elk this time. There was no early snow | 3 on the higher ranges, and they re- mained in regions inaccessible to | hunters while the open season was | § on. Shooters failed to get at them for the usual thinning of the herds| which the Wyoming game and fish ' commission depends upon each year to prevent overproduction. ! The state legislature extended the open season until January 1| in an effort to allow more hunters to get their game. The dry summer and fall deplet- ed fesding grounds which ordi- narily provide forage for thousands | % of the wapit? and the supply of hay grown and stored by the Unh-‘ ed States biological survey farm | just outside of Jackson will be in- adequate to keep alive the thou-| sands expected to come into the| valley ITater in the winter. The hay | Estimates place the number of | rounding country this winter at 25,000 to 28,000. My Beauty Hint = |ard Streets on Sunday morning. ADDIE MESPHAIL In applying lipstick, outline the upper lip first and put on a med- ium amount of coloring. Then press the lips together, and you will find that the rouge has been distrib- uted evenly on both lips. ., THIRD GRADE STUDEN’I‘S VISIT SAN FRANCISCO BAKERY THIS MORNING Abouj thirty members of Miss Alleine Apland’s Third Grade class of the Juneau Public Schools en- | joyed an instructive visit to the San Francisco Bakery this morn- ing, where Gus Messerschmidt ex- plained in detall the process of | break making from mixing to wrap-! ping of the crisp brown loaves, | Following the interesting visit the youngsters refurned to their school room and enjoyed a lunch- | eon of fresh bread and bButter. — The Rev. P. J. Bame, pastor of Trinity Lutheran church in New- port News, Va., spends his spare | ‘ttlme making violins for the fun of | BUREBAU INFORMATION i JUNEAU CASH GROCERY TO | | according to Fred Gilman, Mana- T, """‘"““""““"”““’"""‘"""“"‘"*f'“’r‘ ‘ UNITED FOOD CO. By BILLE DE BECK TWO O'CLOCK ? AM. OR PM. ? WHICH STATION ?? WHAT RAILROAD ? STATION THAT'S SUMP'N FOR YOU TO WORRY ABOUT ~ THAT'S WHAT THEY GOT You HERE FOR - AIN'T IT ?? i 8 DEPARTMENT OF AGRICULTURE, WEATHER BUREAU The Weather My the U. 8§, Weather Burewm) LOCAL DATA Forecast for Juneaw and vielnitv. beginning at 4 p.m., Jan. 22: Fair and colder tonight and Tuesday; moderate easterly winds. Tiune Barometer Temp. Humuity Wind Veiocity Weathe 4 pm. yest'y ....2958 16 82 s 7 Snow 4 am. today 29.81 0 80 E 4 Cldy Noon today ......2081 12 n s 4 cldy CABLE AND RADYO REPOKTS YESTERDAY | ‘TODAY Highest 4pm. | Lowest4a.m. 4a.m. Precip. temp. temp. | temp. temp. velocity 24hrs. -10 -18 =20 -20 8 Trace -4 -4 | -20 -20 14+ .02 -26 -28 -18 -18 10 Trace -50 -50 -54 -54 0 -58 -60 -64 -60 0 6 6 6 8 Trace .20 20 18 18 02 22 22 10 12 0 16 16 2 2 0 . 22 16 9 9 33 34 - 23 - 40 34 28 30 34 34 30 34 26 16 14 18 50 48 44 4“4 . 52 52 50 54 58 58 50 50 - 4a.m, Weather Cldy Pt. Cldy Snow Foggy Clear Cldy Snow Clear Clear Cldy Pt. Cldy Snow Snow t Clear | Statlon Barrow Nome Bethel Fairbanks Dawson St. Paul Dutch Harbor Kodiak Cordova Juncau Sitka " Ketchikan . Prince Rupert Edmonton Seattle Portland San Francisco Rain | Clear { The baromteric pressure is moderately low near the Gulf of Al- aska and south of the Aleutian Islands witr snow in Bering Sea and | Southeast Alaska and rain in the North Pacific States. The pres- sure is moderately high in the Interior and dWst and generally clear | weather over the Interior and th: Gulf. Temperatures have fallen| over most of Eastern and Northern Alaska and have risen in the | Kuskokwxm Valley. Film FMy of ”S_un'-Worshipers” up the e noaklng good, Richard screen hero, is pictured with his wife, the former Jobyna Ralston, and their baby son, Dick, 29! Jr., as they rested at Palm Springs, California’s desert resort, where i the Winter season is in full swing. It is the favorite .rendezvous of ] movie fol_ ——— . ——————— e e—— | E. G.:: MORRIS IS ALTERING R. E. ROBERTSON AND SON ELLIOTT, LEAVE FOR SOUTH CONFORM TO NEWEST IDEAS | ON MOTORSHIP NORTHLAND E. G, Morris, contractor, started | work remodeling the Juneau Cash | Grocery store on Second and Sew- R. E. Robertson, prominent local atterney, left. on the matorship Northland for & business trip to Seattle. He expects to be away for three or four weeks before return- ing to his home here. Mr. Robertson was accompanied by his son Elliott, who will enter the Washington State College at Pullman, Washington, where he will A modern reserve stock room | will be installed and shelving and | store arrangement will be altered | to conform to the newest and most | convenient self-service store ideas, g be a Junior, ——— MR. AND MRS. J. C. ROEHM . | ARRIVE ON NORTHLAND | | SUNDAY FROM CHICHAGOF | | Tt BERGMANN | DINING ROOMS | i | | Tabl Mr. and Mrs. J. C. Roehm, of °r'3:.2f.3 3::?. u;ncum‘h Chichagof, arrived in Juneau on|| My and Mrs Mike Daniloft the motorship Northland and will " e 2t remain here for several days while | — Mrs, Roehm receives medical at- | P T ) !tention. Mr. Roehm is an engineer Jones-Stevenn Shnp 1 with -the .Chichagof Mining Com- LAD! CHILDREN pang n.::x-:'o-mn. Beward Street -~ Near Third Dtll! Empwe want Ads Pay W‘,ww INSURANLE | 4 A.llén Shattuck,' lnc, 'fipubllabed 1892 y 3 Juneau, Alagka v I CASH GROCERS M 16 We Deliver Meats—Phone 16 ' DOUGLAS NEWS F. O. E. CARD PARTY TONIGHT “'The Ladiés' Auxiliary F. 0. E will entertain the members of | Douglas Aerie 117 and their ladies at a card party tonight following their regular meeting. . ———— KEITHS MOVE TO JUNEAU L. C. Keith and family have re- moved fo Juneau where they have taken an npanment on Fifth street. - NOR'I‘HLAND IN AND ouT The M. 8. Northland docked here and unloaded a few tons of freight for local firms. | - eee | WATER SERVICE RESTORED The combined efforts of a crew | of men working on the sources of | water supply and the electric thaw- | ing machine in the hands of the | Light Company men during the | week succeeded in getting watar | service into most of the homoes. inLh a continuance of the mild | weather every one should have | water in due time. Irene Delano Robbins Wedding bells are scheduled to ring on February 10 for Miss Irene De lano Robbins, daughter of the U. S Minister to Canada and kin of President Roosevelt, whose hus. band-to-be is Alexander Cochrane Forbes, of Boston. Miss Robbins it shown in’ m she wore during de but at British Court last year. FINE Watch and Jewelry at very reasonable rates WRIGHT SHOPPE A model of Boulder dam welghing |two tons has been exhibited by Las Vegas civic authorities at state and county fairs. We can supply that long-time fuel friend— Black Diamond Lump $14.50 PER TON At Bunkers Especially adapted for the range i Thomas Hardware Co. ; . Rain | B ALSO— e Indian Egg-Lump Carbonado Egg-Nut The ideal furnace combination PHONE 412 PACIFIC COAST CoAL Co. D 412 sy © FRYE'S BABY BEEF s “DELICIOUS” HAMS and BACON Frye-Bruhn Company Telephone 38 Prompt Delivery LUMBER Juneau Lumber M ills, Inc. IDEAL PAINT SHOP If It's Paint We Have It! PHONE 549 Wendt & Garster ALASKA MEAT CO. FEATURING CARSTEN’S BABY BEEF—DIAMOND TC HAMS AND BACON--U. 8. Government Inspected PHONE 39 Deliveries—10:30, 2:30, 4:30 e S ST SWEDISH MASSAGE for Stiff Joints SORE MUSCLES TENSE NERVES @& So good for that tired feeling! PHONE 10, Gastineau Hotel for Appointment Mrs. J. M. Malila GRADUATE MASSEUSE THE HOTEL OF ALASKAN HOTELS The Gastineau Our Services to You Begin and End at the Passeager-Carrying Beat et et o | g Pl s B -3 Gang Plank of Every