Court Decides the Capital Relocation
Initiative May Not be Placed on Ballot
juiNjCi/\u vti — auperior uoun
Judge James A. von der Heydt
Tuesday permanently enjoined Sec
retary of State Hugh Wade from
placing the capital relocation ini
tiative on the ballot.
Judge von der Hedyt also grant
ed opponents of the initiative a
motion for summary judgment and
a motion for declaratory judgment.
He denied a motion by proponents
of the initiative for dismissal of
the suit seeking to keep the meas
ure off of the ballot.
In denying the motion for dis
missal, Judge von der Heydt said
the issues of the case Were within
the jurisdiction of his court.
Backers of the initiative had
claimed that von der Heydt did not
have jurisdiction and that op
ponents of the initiative had stated
no claim upon which relief could
be granted.
In granting the motion for a
declaratory judgment, Judge von
der Heydt said the State Consti
tution cannot be amended by the
use of an initiative, the primary
point used in the argument to keep
the issue off of the ballot.
No Serious Argument
“There was no serious argument
presented to show that Section 20
(the section in the Constitution
designating Juneau as the state
capital) is not a permanent portion
of the Constitution,” Judge von der
Heydt said.
location initiative had argued that
because the section designating
Juneau as capital was in the sched
ule of transitional measures, Article
XV, the capital could be moved
by initiative.
In granting the permanent in
junction, Judge von der Heydt said
he agreed with arguments advanced
by opponents of the initiative that
if it were placed on the ballot it
would result in irreparable harm to
the people of Alaska.
James Fisher, attorney for the
sponsors of the initiative, said Judge
von der Heydt’s decisions would be
appealed to the State Supreme
Court.
The capital relocation initiative
seeks to move the seat of Alaska
state government from Juneau to a
point west of Yakutat, but not
within 30 miles of Anchorage.
The suit seeking to keep the
initiative off of the Aug. 14 pri
mary election ballot was filed by
cities of Juneau and Douglas, plus
23 individuals from all areas of
the state.
Two Prime Sponsors
The battle against the Juneau
Douglas suit has been carried on
by two prime sponsors of the ini
tiative, Drs. Clarence Bailey of
Palmer and Merritt Starr of An
chorage, as intervenors.
In oral arguments Monday, R. J.
McNealy of Fairbanks, speaking for
the plaintiffs, said he served as
--— ~-<>T : — ~
cnairman oi the Schedule of Transi
tional Measures Committee at the
Alaska Constitutional Convention.
Every attempt to change the sec
tion in Article XV of the Constitu
tion designating Juneau as the
capital of Alaska was beaten back
on decisive votes, McNealy said.
“Article XV,” McNealy said, “is
a permanent and lasting portion of
the Constitution of Alaska. Section
20 says simply that the capital
shall be at Juneau. It does not say
it may be changed by the legislature
or by initiative.
“Any argument that Article XV
is not actually a part of the State
Constitution is ridiculous.”
Robert Boochever of Juneau,
another attorney for the plaintiffs,
told the court that the Constituion
spells out very clearly how the
document may be amended, “and it
does not include the initiative.
“The real test is what the people
were led to believe when they
ratified the State Constitution, that
was that Juneau shall be the capi
tal, unless changed by an amend
ment to the Constitution.”
High Cost of Moving
Boochever said conservative esti
mates on the cost of moving the
capital from Juneau to an unde
veloped area of the State run up as
high as $150 million.
James Fisher of Kenai, attorney
for the intervenors, said his clients
“insist this court has no jurisdic
tion to issue an injunction to pre
vent an election to relocate the
capital.
“An initiative is a legislative act
of the people, Fisher said. “This
court could not and would not
enjoin an act of the legislature,
therefore it should not issue an in
junction in this case.”
The Kenai attorney said that if
Judge von der Heydt did decide he
had jurisdiction and did issue an
injunction, “the right of the people
to participate as fully as possible
in decisions of government will be
denied.”
Judge von der Heydt interject
ed:
“I do not agree with that. Cer
tainly the courts have the right to
enjoin frivolous measures from
being placed before the people.”
Fisher said the requirements for
placing an initiative before the
people would keep frivolous meas
ures off the ballot.
Fisher went cm to say that if the
capital relocation initiative were
placed on the ballot and didn’t pass,
“the courts would have nothing
upon which to act.”
“Until the next initiative shows
up,” Judge von der Heydt com
mented.
Fisher said the intervenors be
lieve sincerely that the capital can
be relocated through the use of an
initiative and that the capital
could be changed by an act of the
legislature.
Moonlight Water the Year ’Round
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, COMMITTEE RECOMMENDS
TAX INCENTIVES FOR
PRESIDENTIAL CAMPAIGNS
WASHINGTON OB — A bipar
ti si an commission today recom
mended tax incentives for Presi
dential campaign contributors to
encourage massive participation in
U.S. political life.
The commission, in a report to
President Kennedy, estimated the
1960 over-all political spending at
between $165 million and $175 mil
lion. It rejected for the time being
the idea of government subsidies
for campaigning.
The group noted the swift evolu
tion of the campaigns — from 1860
when Abraham Lincoln never left
his home in Springfield, 111., or
made a single speech; to 1960 when
John F. Kennedy made 360 speech
es and traveled 44,000 miles.
Besides tax incentive, the recom
mendations included:
Repeal of ceilings on contribu
tions and on spending by pol'tical
committees;
Strict procedures for reporting
campaign gifts and expenditures
and rigid enforcement of election
laws to gain public confidence in
the financing of vital political ac
tivity; and
Allow broadcasters to make equal
time available to major party
Presidential nominees, without
having to recognize minor party
candidates.
IN THE SUPERIOR COURT
FOR THE STATE OF ALASKA
SECOND JUDICIAL DISTRICT
CIVIL ACTION NO. 62-3
ORDER TO SURRENDER POSSESSION
STATE OF ALASKA, Plaintiff,
_ _ vs.
COFFEE CREEK MINING COMPANY,
and all other persons, Defendants.
Upon consideration of the declaration
of talcing filed herein, it is ORDERED:
That the State of Alaska is entitled to
exclusive possession of the property
described in the complaint filed herein,
and the defendants are hereby ORDERED
Immediately to peaceably surrender pos
session.
DONE this 9th day of April, 1962, at
Nome, Alaska.
/a/ Hubert A. Gilbert
Superior Court Judge
Pub: April 11, 18, 25, 1962.
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7-YEAR-OLD BOY LEADS
FRIENDS IN ROBBERIES
DALLAS, Tex. M>> — Police ar
rested a first-grader Monday and
said he told of leading nine friends
in a half dozen robberies.
School Principal Finis Tatum :
called police after hearing that 1
several youngsters were passing 1
out greenbacks.
Patrolmen rounded up the 7- ’
year-old boy, two boys of 9, a pair 1
or 10-year-olds, one of 14 and an
other 15.
All are Negroes. J
The youngest told of stealing 1
$144 from a supermarket till, $35 ■
and $75 at gas stations and hand- ‘
fuls of money in three other stores.
Detectives said the youngsters (
went on a spree at the state fair '
and gave most of what was left
to a playmate. \
Two Russian Defectors Put
Blame on U.S. Intelligence
MOSCOW — Two Russians
who quit political refuge in the
West said today they decided to
return home when U.S. Intelligence
agents tried to turn them into spies
against their native land.
They told their stories at a news
conference staged by the Press De
partment of the Soviet Foreign
Ministry.
One was Alexi Golub, 36, bior
chemist who defected in the
Netherlands last October while on
a tour with his wife. His wife re
turned without him. Last month
Golub was sent back to Moscow
at his own request.
The other was introduced as
Nikolai Vokhmiakov, 35, an elec
trician who said he sought asylum
at the U.S. Embassy in Rome while
in Italy.
(
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1
Faulty rear lights has been found
to be the most common defect of
American cars and trucks.
POTTED PLANTS
CUT FLOWERS
at
POLAR CURIO SHOP
SECRETARY OF STATE
WADE SEEKS RE-ELECTION
JUNEAU U?) — Secretary of State
Hugh Wade, a veteran on the
\laska political scene, today an
nounced he would seek re-election
;o the No. 2 post in the state gov
ernment. Wade is a Democrat.
Wade, 61, became the state’s first
Secretary of State in 1959, after
serving from 1954 until 1959 as
reasurer of the Territory of Alaska.
He previously had served as
Uaska administrator of the Na
ional Recovery Administration,
934- 1935; as director the Social
Security program for Alaska,
935- 1950; and as Area Director
>f the Alaska Native Service, 1950
954.
Wade is married and has three
;rown children, including a daugh
er in Juneau and two sons in An
horage.
Wade said he was basing his
:ampaign on a record of 25 years
if service to the people of Alaska
n federal, territorial and state
>osts.
Psychology tests indicate that
mart people often feel inferior,
['hose who are really mentally in
erior rarely realize it.
iiiS
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