THE NOME NUGGET
Published Monday. Wednesday and Friday by the
NOME PUBLISHING CO.
NOME, ALASKA
Telephone: Main 125 * P. O. Box 6i»
$1.50 PER MONTH $16.00 A YEAR
W. A. Boucher .Owner-Publisher
Emily Boucher .Local Editor
Entered as second class matter October 14. 1943. at the postofUce
at Nome, Alaska, under the Act of March 3, 1879.
Nome, Alaska, Friday, January 21, 1949
IS EXTRA SESSION LEGAL?
(By James Hutcheson)
Is the special session of Alaska’s Legislature legal or
not?
The Territory’s Democratic administration and legis
lative leaders say “Yes,” emphatically.
Two Republican Senators have said “No” with enough
emphasis for their challenge to echo through the Senate
chamber and committee rooms. It echoed up to the next
floor in the Capitol building, too, but it didn’t seem to
cause much concern there.
The question was brushed around before the session
convened January 6. There were reports that there
might be court tests or that the members of the 18th
Legislature might appear to challenge the seats of the
members of the 19th. Neither developed.
It finally burst into the open, a week after the session
started, on a memorial to President Truman and Con
gress by Senators Charles Jones and William Munz of
Nome. Both are long-time critics of Governor Gruen
ing’s policies.
Before getting into the legal complications of the con-1
flicting claims, let’s take a look at how much differ
ence it makes.
Appearances are that it won’t make much difference
at all That observation is based on two legs.
First, there is considerable doubt as to whether the
special session actually will enact any major legisla
tion: i
Secondly, if it does, the regular session that follows,
immediately will probably reenact any laws which are
written into the books by the special session. Legislators,
say that would eliminate anv possibility of a later court'
challenge of any tax law.
There are legislators in favor of new tax legislation
who are expressing doubt about any of it being enacted.
Others say they are sure that at least the incom° +ax:
bill will pass both Houses, although other proposals mav
“die a’bornin’” as far as the special session in concerned, i
Time is running short. The special session is in its
last week. True, several tax bills sailed through the
House last week without dispute and at a record pace.!
But the Senate is a different proposition.
There is the even party split there. There are more in- j
dividual differences of opinion on taxation. There are I
duplicating committees on taxation and on finance. The
trail through two committees lends to delay.
Even if the special session does NOT enact any tax
laws, Democratic leaders do NOT consider it time wast
ed. They say the groundwork is laid; hearings have been
held; bills have been studied; the field has been sur
veyed, and they will be prepared to push ahead with
greater speed to enact tax laws in the regular session. It
starts next Monday.
Now as to the basis for conflicting claims on legality.
The Democratic leaders contend the terms of office
of the new members of the legislature began when the
canvassing board certified their elections last month.
They are backed by the opinion of Atty. Gen. Ralph
Rivers.
The Republican authors of the illegality memorial
contend the terms of the new legislators do NOT start
until the opening of the regular session next Monday.
They contend that any call for a special session should
have been to members of the Republican-led 1947 body.
Senator Jones cites the “session-convening” clause of
the government code, which says the legislature shall
meet on the fourth Monday of January every two years,
and adds:
“But the said legislature shall NOT continue in ses
sion longer than 60 days in any two years unless again
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convened in extraordinary session by proclamation of
the governor.”
It is that phrase “again convene in extraordinary ses
sion” that Senator Jones, the veteran Republican, cites
as grounds for legal contest.
“The preponderant opinion of legal men with whom
I have conferred is that the advance special session of
new legislators is NOT legal,” Jones declared. He sa:d
the opinion of most lawyers he han consulted is that the
phrase “again convened in extraordinary session” im
plies that they must have served in regular session be
fore they could “again” be convened.
Attorney General Rivers bases his contention that the
special session “is valid without a doubt” on precedent
established in ruling of half a dozen states’ courts and
citations in American Law Reports. From the A.L.R. he
cites this legal rule for instances where NO' specific
dates are fixed by law for the start and end of terms:
“The general presumption is that the term dates from
ascertainment of the result of an election, and the offi
cer may assume duties of office as soon thereafter as he
can qualify and receive his commission.”
He said the old Senators were certified to four-year
terms on Dec. 31, 1944, so their terms expired with the
first of this year; the House members were certified
Dec. 17, 1946, so their two-year terms ran out last Dec.
17.
“There is a difference in term and tenure of office.”
Rivers said in setting forth the case for the session.
“Tenure starts when one takes office; the term starts
when fye is certified. If necessity arises, he can take the
oath and assume his duties. Because there was NO ne
cessity, tenure in the past didn’t ever starts when the
terms did.”
There, in brief, are the primary legal arguments in
volved. Pull up a bench and be youi; own judge. It isn’t
likely that any jurist will be asked to rule on it soon.
SWISS SNOW PLOWS CONTINUE
((/P) Newsfeaturop)
The private railroad connecting St. Moritz, Switzer
land, famous winter-sports center with the outside
world appealed to the cantonal (state) government re
cently to withdraw snow plows operating on the Julier
pass, the onyl road between St. Moritz and the rest of
Switzerland.
The anneal stroked the railroad’s financial difficul
culties and pointed out that, if Julier pass were permit
ted to remain blocked by snow throughout the winter,
the railroad could transport automobile as well as pas
sengers through a tunnel between Switzerland and the
St. Moritz district.
The appeal aroused violent opposition among motor
ists and hotel interests throughout the area. While the
government was discussing the railroad’s request, a col
ume of automobiles bearing anti-railroad placards tour
ed the district with loudspeakers describing the railroad
management as “anti-Swiss” and ‘stranglers of liberty.’
The railroad’s appeal was rejected.
CHI tCHES
CATHOLIC CHURCH
Friday and Saturday—
Mission service, ^30 p.m.
Sunday—
Masses at 8 a.m. and 10 a.m.
At the Base Chapel at 4:30 p.m.
Sunday evening 7:30 p.m.
Closing service of the Mission.
LAVINIA WALLACE YOUNG
MISSION
Pastors - Rev. H. R. Amundsen
and Rev. Theran McGrew
Sunday:
11:00 a.m. Sunday School.
7:30 p.m. Evening Service.
'.Wednesday - 3:30 p.m. - Chil
u.en’s Miracle Book, Club.
Thursday - 7:30 p.m. - Prayer
Meeting.
FEDERATED CHURCH
Sunday
10:00 a.m. Sunday School.
PENTACOSTAL ASSEMBLY OF
GOD
Third Avenue West
'Pastor A. E. Capener
Sunday—
Sunday School..10:30 a.m.
Evening service .7:45 p.m.
Wednesday— J
T3ible Study .7:45 pm.
EVERYONE WELCOME
CHURCH OF THE NAZARENE
Third and Division
Pastor—Lewis I. Hudgins
“A lot of kneeling keeps you in
good standing with God.”
10:00 a.m. Singspiration and Sun
day School classes.
11:00 a.m. Morning message.
7:00 p.m. Young People’s Meeting.
7:30 p.m. Singspiration and special
music. "
8:00 p.m. Evening message.
Wednesday: 7:30 p.m. Melody and
Prayer.
You are ever welcome to attend
these services.
Come and bring your Bible.
NOME GOSPEL MISSION
of
Alaska Evangelisation Society
Rev. Vern Rimling, Pastor
Sunday:
2:00 n.m. Sunday School for
boys and girls.
Preaching service in the Eskimo
language by James Savok.
7:30 p.m. Gospel Service.
Tuesday:
7 30 p.m. Prayer and Testimony
Thursday:
2:00 to 4:00 p.m. Bible Club for '
Boys and Girls. .
Friday:
7:30 p.m. Bible Study. '
HOME ARTS CLUB SPONSORS
FURNITURE REPAIR COURSE ,
The Home Arts Club again
urges all Women in Nome interest
ed in recovering furniture, refin
ishing damgaed furniture such as
broken legs and arms of chairs
and tables, to register immediately 4
with Mrs. D. Mercer at the'Alaj*:a
Native Service office in the feder
al building, or phone her.
The course which is given by
the University of Alaska Exten
sion Service is free to all interest
ed in the work and will be given
by Mrs. Lydia Fohn-Hansen, who
gave instructions a year ago in re
modeling of used clohting, as well
as a course in cooking, both class
es were well attended.
Mrs. Fohn-Hansen plans to be
here about ten days the latter par t .
of January or the first part of
February. The date and place will
be announced later.