The Daily Alaska empire Newspaper, May 17, 1951, Page 8

PAGE EIGHT NO RULE ON TAX VALIDITY, " H.L. FAULKNER \ 1 4 Alaska’s property tax law as passed by the 1049 legislature, has | still not been determined as valid, according to the opinion of H. L.| Faulkner, Juneau attorney. Yesterday copies of the decision of | the U. S. Court of Appeals in the | Alaska property tax case were re- ceived in Juneau by Faulkner, one of the attorneys for Luther Hess and Alaska Juneau Gold Mining Co., who brought suit in Fairbanks to enjoin the tax commissioner from collecting the property tax. Judge Pratt, of the Fourth Division, held the law to be invalid and an appeal was taken to the Court of Appeals in San Francisco. On May 11 an Associated Press | dispatch stated that the appellate | court had reversed Judge Pratt and | held the lawto be" valids | “However, while Judge Pratt's de- | cision was ravcr-‘uq,Ll;a,uppcilate’l court did not hold the property | tax law to be.walid,” Faulkner said. | “It declined to pass on its validity | and did not even discuss it. The| reversal is on the sole ground of | procedure.” He said the court held | that instead of bringipng suit tol enjoin the collection of the tax, the | taxpayers should have paid the tax | under protest and then brought| suit . for refunds with interest Faulkner cited the opinion, which/ said; “If appeliees were to pay under | Although this new ccnvertable pl Bernes L. Hagens, 29, of Farmsvi the wreckage. crossed the overpass. The car was had only been driven a few miles. ( protest to the tax commissioner the | taxes ‘assessed on property outside | the municipalities and school dis- tricts' and then bring an action at law against the tax commissioner | to secure a refund, we think the de- termination of the court would settle | the matter complete! The court also said: “We think that the weight of au- thority is that interest is recover- | able on tax refunds in absence of express authority therefor.” Faulkner added that ;since the Court of Appéals did not even dis- | cuss the matter of the validity of the tax law, the only adjudication to be had ol that question to date | is the opinion of Judge Pratt which beld the law to be invalid. { Hé said that the opinion of the| Cburt of Appeals on the procedure‘ to ‘be followed would seem to be to requiré otie of twe courses to be | taken, @nd either have a taxpayer pay the tax under protest and sue to retover it batk with iriterest; or, | for taxpayers to continue to decline | to pay the tax and allow the tax commissioner to bring sults against ‘the / varios taxpayers for its col- | leetion. | 'Faulkner ‘concluded that it would 'be 'determined, after consultation | With his clients, which of these tourses would be followéd. BIG TAKE OF ' SALMON GOES T0 MILITARY Requlremenfs Announced| Probably Be at Least 360,000 Cases SEATTLE, May 17 —(®— Military requirements will take about 360,000 cases of the 1951 salmon pack from Alaska and Puget Sound, the De- fense Fisheries Administration here has been advised. The total will include red and coHoe salmon, according to Maj. R L. Hoff of the Army Quartermas- ters Depot, Oakland, Calif. Tre estimate was presented dur- ing a joint meeting of Defense Fish- eries Administration and Office of Price Stabilization officials. Industry spokesmen said they be- [ lieve the military quota can be sup- plied without resort to a “set aside” | program such as was in effect in TERR. NAT. GUAR INSTRUCTORS HOLD CONFERENCE JUNEAL The Alaska National Guard In- struetor Detachment is holding a! .. three-day conference in Juneau this;weekend and the early part of | . next week. | Men from this umt will arrive on a special Air Force aircraft Fnday] May 18, from their stations in Nome, Bethel, Anchorage and Fairbanks. ‘These men have been selected for their assignments on the basis of | their military experience and abil- | ity. All are volunteers and veterans of World War II. These members of the Regular Army act as ad- visors and instructors for the Na- tional Guard throughout the Terri- tory. | The program Jor the men while in Juneau includes mflch‘um in the Armed Forces Day parade on Sat- urday and numerous conferences Monday and Tuesday to discuss plans for next year's operation. Among the subjects to he highlight- ed are plans for training Eskimo units and the use of training ma- terial especially designed for the | Arctic areas. Also a “must” on the agenda are tours of the recreational facil-| ities here in Juneau. “Most of these | men have been statioped eut on the tundra. This will be a change for them and will give a chance to see trees again,” a local National Guard | officer said. Hosts for the group will be Col. J. D. Alexander and his assistants. | World War II. Officials feel | pear to volume can be procured on a volun- tary basi$, through negotiated con- tracts and otherwise. Jeint Sessions Held The joint sessions Tuesday were conducted by Maurice Rattray, DFA deputy administrator, and W. C. Eardley, OPA Fisheries adviser. DFA representatives included Leroy S. Christie and Dr. Richard A. Kahn from Washington, D. C. Robert W Walsh and V. H. Hougen represent- ed the Department of Ag,rlculluxc Industry advisers said there ap- be fficient stpplies on hand with which to conduct the 1951 salmon hery, but pointed out that temporary seasonal draft defer- ments for some fishermen may be! needed to provide adequate skilled | manpower to complete the season. Salmon Prices Concerning prices, spokesmen said canned salmon should not be a specific OPS regulation (ie, CRP-22 Manufacturers’ Order) due to \\ld(' range of prices for the various sal- mon varieties. Eardley said efforts will be made to remove canned salmon from the| but that it would remain un- order, der general price probably will issue a OPS | reg- controls. “tatlored” | ulation for canned salmon to price|pajy; | the various grades progressively as they become available to the market, he added. BUY IT? YOU'LL ALWAYS CHOICE KENTUCK Arriving from Bethel are Capt. F. | C. Wilson, Warrant Officer L. L. Busby, and Sergeants T. D. Man- ross, D. F. Shantz and C. H. Duck- worth; from Nome are 1st Lt. D. L. Hendershot and Sergeants A. L. Cortez and Gus Hinson, and Corp. C. L. Dane; from Anchorage are Capt.. T. H. Owen, Warrant Officer W. E. White, and Sgt. J. M. Spen- cer; from Fairbanks are §gts. L. B. Sessions and G. A. Wika. FROM NOME James Walsh, Nome Pan Amer- ican traffic manager, arrived here yesterday on PNA to attend the PAA sales conference. He is at the Baranof Hotel, B'G CONSTRUCTION the : And Ihe Driver Walked Away THE DAILY ALASKA EMPIRE—JUNEAU, ALASKA be ready for occupancy in June or! July. Other construction work that is | reflected in Juneau business is the Keil and Peterman 3.2 miles of road construction between the Hir- |port and Auk Bay, Skagway flood control project, road and dock work near Haines, operation of Yakutat and Excursion JTnlet canneries and installation of a loran station near Yakutat. | The Juneau Territorial Employ- ment office reports calls for skilled | and unskilled workers for a four| or five months season, mostly ol construction, carpenters, nurs teachers, stenographers, clerk-typ- | ists, civil engineers and pruh.»ional‘ 33 | pe ople. The Employment Security Com- mission supplies all state employ- ment agencies. with' information ! on the Alaska labor situation and| anyone interested in obtaining sea-! sonal work should contact his lo- cal employment agency or local union, ESC officials said. OLD PUBLICHEALTH |- CENTER BUILDING IS | MOVED, YACHT (LUB Moving of the first section of the old Public Health Center build- ing on Main street to the Small Boat Harbor for use of the Juneau Yacht Club started Wednesday. The building, cut in three sec |tions to facilitate moving, will be' owed through a thick wall, over- | turned in its 30-foot drop to a Philadelphia railroad right-of- lle, N. C., was able to crawl from | Hagens told police he lost control of the car as it owned by Hagens' girl friends and | P Wirephoto. | | | | | SEASON UNDERWAY | FOR JUNEAU NOW The Juneau Chambe: | merce has made ¢ | of its prev m'- workers to Alaska, Herb Rowland, president of the Chamber said tod “In the face of an truction season and a shortage of | both skilled and unskilled labor, the Chamber will encourage wur_k- men to come here,” Rowland said. “However, anyone coming to Ju- neau should only expect seasonal} employment and should have suf- | ficient funds until located.” The Chamber receives on the average of 150 to 200 inquiries monthly from people seeking work in Juneau, Fred Eastaugh, secre- tary stated. If any member of the tive con- ing help of a certain type, these !inquiries that might fit his need are passed along to him. A num- ber of employers have located de- sirable heip in this manner. Irresponsible advertising for workmen has previously 'caused i Alaskan towns to be jammed with ‘men without funds or jobs which worked a hardship on all, there- fore the Juneau Chamber was | cautious in relaxation of policy. Many local workmen have gone on construction projects in the In- terior and with a coming local de- | mand for both skilled and unskilled labor, tbere is a need for men. A number of jobs are under way here now and more likely before long. Valle-Sommers Construction Co. already has about 20 men on the initial work for the new grade ischool at 12th St. and Glasier High- Robert Merrill, superintendent of the Carson Construction Co,, is here supervising the razing of the AB and City Halls to clear the site for the new office building. The Ar)mpad.\' will employ as much local jlabor as is available but will be | forced to import crews when the !local supply is used up. | Grading has been started for the new Foss, Malcolm and Olsen Ar- | chitects Building on Third Street. Work is expected to begin very scon on the J. B. Burford Building fiac from the Federal Building. Bids will be advertised within ‘llh' next few days on the fire sta- tion section of the new city build- ing Work is proceeding on the new \‘Vlrm orial Library by Triplette and 1. The new Sturm Locker building 11 be completed shortly. The Mendenhall Apanments will | | | wi TRY IT? MAKE THIS Y BOURBON “Uniformly Fine Since 1869" KENTUCKY STRAIGHT BOURBON WHISKEY 86 PRAOE o NATIONAL DISTILLERS PRO! DUCTS CORPORATION + NEW YORK, N. Y. 'SIX ARRIVE ON ELLIS AIRLINES Chamber indicates that he is seek-| assembled and' renovated for the | club’s headquarters after it is put on the harbor. plcsem approach to the The job of moving will be | completed in about two weeks. The | delay in moving = the second and | third sections is because the equip- | ment used in moving the structure must ke used in relocating lhe‘ Slulm Lockers. Renovation will be completed | some time this summer. Aequiring | C the building is a result of several )ears search by the Juneau Yacht lub for a club house. A new ! roach to the Small Boat Harbor! | will be bux]t this summer. Six passengers arrived on Ellis Airlines Wednesday flight with four| traveling on interport. Arriving from Ketchikan: James | G. Brown, Steve Ferris, Mrs. Pick- ering. '33 CARRIED ON ALASKA COASTAL WEDNESDAY TRIPS Pa enger al Air Departir y Jo cursion hsen, M Inl Jiok n, M. B ert Munn, 3udinich, nah: Jerry n, Mis. nt I Vince ert Duncan S. Harris; Baranof: R. E. Ketchikan: Mr traveling lines Tuesday on Alaska flights with 4 on interport, 47 and 31 arriving. for Youngs Bay: Har- n, John Monagle: for Fred Alfonse, A¥vid et for Peli for undine. Logan, Parker Tohler, Pe Walter Walsh Ex- can: Is- Floyd R. Han- Richards, E. D. Thomp- Lynn Fauk, Rob- dreo for Hoo- SCUDDER LEAVES ON INVESTIGATION OF TAKING "ATKA" FISH | Henry C. Scudder, credit officer | in the native resources division, Alaska Native Service, leaves Mon- day for the island of Atka to de- termine the interest of the island inhabitants in the harvesting of a run of mackerel particular to that area. In the vicinity of the island is the only place where this type of | mackerel known as “Atka” fis spawns in notable quantities. Spawning season for them is dur- ing the months of June and July [’I'he migration is of a short dura-| is the establishment of new the Bristol also set net areas within Bay drift net area. The salmon run in this differs from other areas in the salmon are predominately area that red. unning its ApProx- tion but very intense course in the month from imately June 35 to July Scudder expects to 1eiurn for the opening of the regular seining season August 5 in southeast Al-| aska. i (DA ENTERTAINED | BY MRS, ASTONE Angelo Mrs. Astone entertained and is the only time they occul there. The fish spawn on kelp| fronds in tidal passes. The macker- Sampson, Harold Han- jel have a regular migration pattern, Underwood, Pete Vincent, don Pete Rob- For Sitka: Robert gc‘m R. Mere- lith, Mr C Brc ) Hebard, and Mrs Jack F F McCoy, 1T, Mrs ranklin, Peterson, nks, Alice )der, Dave M. Belc! Ken Hagar, Ed G . Farr, Mr. Nadia Frank H. Holder; M W. T. Batt; from Haines: EI Fred Mahley, and W. M. Glas- Aga, C. Connolly her; rim- J. for Olson, Ed Cow- rick. Imer Chester Johnson, Mr. and John Jenkins, Van Scheuman,! Everett D. Ma D. (.)' Fr 11, Kr artin, Knell; neau, Mr. and Mrs. wte from Skag B Wagner, S. Fly, E. P way : Fred Enearl, E. William and Philiip Felipe, eter- Pat Barkley, H.Oster, Miss Paw- 1 Hood Bay: Mrs. Eugene m Angoon: Robert Dun- rom Fick Cove: Richard Col-j by. From Gag , Pa Mrs car Inlet VES. c 1€ agroun vose Cove: ah: Mr, and Mrs. ul Dybdahl; from Gus Wahto; ry Johnson, SEL REFLOATED A. N. Gay;| Nick Peli- | from Hawk| Jokn Mon- Guard 83-footer aided foot troller rnoon, from C. G. yes= according to in- headquarters fishing vessel had gone' m the west side of Port-] land Island Sunday afternoon. Its Juneau. | listed owner is Frank Thomas of| It appeared undamaged and proceeded to Hoonah under its own power. From Petersburg: Les Florence,| Mr. Sheldon, Earl Ohmer. | —EMPIRE WANT ADS PAY— Seasoning Salts Delicious flavor quick! Onion, Garlic, Celer:; Savor Salt Seasoning. Schillin SINCE 1881 g i FOR THE inspection. GHIIDUH'I‘P Free Engraving on All Waiches All Standard Make Waiches in stock for your personal See what you buy before you buy it. s o GEO. LANGAKER i | { — Lowest Everday Prices — Lowest Everyday Ptic-’s — according to Scudder. This type of mackerel is different from the eastern mackerel in that it is not as streamlined. The “Atka” fish lend themselves to salting and are fine eating, said Scudder. Atka is one of the principal is- lands of the Andreanof group in the middle Aleutians. If time permits on the refurn trip, Scudder will visit the villages of Ugashik, Egegik, Kvichak, Dil- lingham, and the Togiak and Kus- kokwim River mouth areas—all in the Bristol Bay area—to study the effects of the new fishing regula- ions as they pertain to native fishermen. The new regulations for the first time permit power in the Im’t net boats. To be considered THURSDAY, MAY 17, RACKETEER 1 CONVICTED FOR LYING NEW YORK, May 17 —(#— bers Racketeer Nu Louis Weber wa mmnu-d last night of lying to the u. Senate Crime Probe con mmit- tee dhout his relations with James J. Mcran, pal of mrmu Mayor Wil- | llam O'Dwyér, Weber, 51-year-cld natlive of Puer- the C.D.A. sewing club at the 20th| to Rico, will be sentenced on the Century apartments with the fol- | lowing attending: | Mesdames kaward Poole, Leach, Mary Daugherty, Isabell Cashen, George Simpkins, Joseph | A. Thibodeau, Albert Rassmussen, George Maler, Lisle Hebert, George | Haen and Miss Florence Be: The afterncon was spent sewinrg articles for the hamper, now on| display at the Sears, Roebuck of- fice. Refreshments were served. Glenn | Harvey J. C. Aster, Jr. of Seattle is a guest at the Bar f Holel. BPW Bll‘)‘l‘l‘ FISH l)l\\ER | Take your dinner date to the | Business and Professional Women'’s Club Buifet Fish Dinner between 5:30 and 7:30 p.n. Friday, at the Scottish Rite Temple. Never so much for $2.00. 811-2t | Lowest Everyday Prices — GROCERY FREE DELIVERY ASPARAGUS Washington—All Green Pound 25¢ FRESH PORK SPARE RIBS 1b. 39c WHILE THEY LAST PICNIC HAM SIX VARIETIES' Pound CRISCO 3Ib.can1.19 BIRDSEYE — FROZEN MANDARIN ORANGES Pacific Pearl Can 18¢ 1h. 35¢ FRESH PITTED DATES — Lowest Everyday Prices — Lowest Everyday Prices — — Lowest Everyday Prices — Lowest Everyday Prices — FRESH COOKIES - 43c SCHILLINGS COFFEE ORANGE JUICE 3 cans 85¢ - Delivery! Free! Lowest Everyday Prices — Lowest Everyday Prices—Lowesl Zve;yday Pi perjury conviction in Federal | tomerrow. He can get up to five prison and a $2,000 f maximum imposed same ct The two pe first, prosecutions the Senate committee’s o jury trials growir | televised hearings here. The cases hinged on the n of times Weber visited Mor: his office when Moran was PLANT SALE Juneau Garden Club, Am wer out, nsation cour e the of 2l umber an at first { deputy fire commissioner from 1945 | to 1950. erican Legion Dugout, Saturday May 19th at 10 am. 811-3t ;EMPIRE WANT ADS PAY— Lowest cveryday Prices—Lowest Everyday Prices 10:30 A. M., 2:30, 4:00 P. G seCccCEECeccccccccce ST Highest! Navel Oranges 10 Ibs. §1.49 GREEN ONIONS-RADISHES fresh by air JUNEAU’S FINEST MEATS BONELESS CORNED BEEF Our Own Cure . 79c THE SHARP BUYER BUYS AT BERT'S With full Confidence! Prices are Lowest! Qua New Polaloes ‘White—Shafters 5 1bs. 39¢ FRICASSEE CHICKENS ‘Ready for the Pot b. §3c FRESH — SLICED ]h. 63c | SIDE PORK - Pound 6% Cello Package | Whole Wheat LESLIE SALT Plain or Iodine Carton 12 APPLE SAUCE OREGON — FANCY 11 oz. tins 2 for 25¢ BUTTER, Cloverleaf, Fancy THE BETTER DETERGENT TREND - 2 large pkgs. 43¢ | NUBflRA SOAP - 7%¢ AYLMER'S CANADIAN JAMS Of! FIG BARS .. 2lb.can$1. 75 and White 1% MINCE MEAT | HEINZ 2 pound can 57¢ Quart 'MIRACLE WHIP - Tic APPLES FANCY — SLICED A Can Makes a Pie No. 2 can 25¢ . b.78¢f Giant Package Famous for Flavor 4 1b. Strawberry $1.59 Course! - 2 bu. 25¢ 1b. 37¢ 107 — sadlid ADpIsAT 1S9MOT FRESHEST REFRIGERATED PRODVYC™ % i 4 ApDpA1aAT jsemoT — — sad11d ADpA:. A7 jsamor S e s g — sad11d ADpPAISAT }S9MOT — SADNIJ ADPAISAT jsamoT — rices