T II E N O M E N U G G E I
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post office at Nome. Alaska, under Act of March 3, 1H79.
State Supreme Court Rules Capital
May Be Relocated bv Initiative
JUNEAU ..T'—Tho State Supremo ,
Court, in a 2 to 1 decision. Thurs
day held that the portion of the
state constitution whieli de-dgnabs
Juneau as the eonit J of Alas!; i
may be changed b;> use of the in
itiative.
The court also held that a cap
ital relocation initiative denied a
place on Tuesday's primary elec
tion ballot, should be presented for .
a vote of the people in the Nov
ember general election.
At the same time, the high court
overturned a Superior Court judg
ment which prohibited Secretary
of State Hugh Wade from placing j
a capital relocation initiative on ;
the ballot.
It ordered the judgment ri ver- .
sed, the injunction dissolved, and |
the ease remanded with directions
that a declaratory judgment be en
tered to the effect that Article 15,
Section 20 of the Constitution
“may be amended by law enacted
by the people through the initia
tive."
Justice Arend Dissented
The majority opinion was hand
ed down by Chief Justice Buell A.
Nesbett and Justice John H. Di
mond. Justice Harry O. Arend
dissented in that portion of the op
inion which held that the portion
of the state constitution designat
ing Juneau as the capital of Al
aska was a transitional portion
and thus subject to change by use
of the initiative.
The appeal to the Supreme Court j
was on a Superior Court injunc- j
tion issued by Judge James A. von j
der Hevdt last spring against plac- !
ing an initiative on the primary j
election ballot which called for !
moving the capital from Juneau j
to a site west of Yakutat.
The initiative was sponsored by
an Anchorage area group, the Cap
ital Information Committee, and
the appeal on the lower court de
cision was carried to the Supreme
Court by Dr. Merritt Starr of An
chorage and Clarence Bailey of
Palmer.
In issuing the injunction, Judge
von der Hevdt also ruled in a de
claratory judgment that the con
titution cannot be changed by use
of the initiative.
The injunction had been sought
by the cities of Juneau and Doug
las, joined by 23 individuals from
various sections of the state.
The majority opinion, written
by Justice Dimond, said:
“We hold that the method of
amending Section 20 is not gov
erned by provisions relating to
constitutional amendments. The
express purpose of the article of
which it is a part, as stated in
the preamble, to ‘to provide an or
derly transition from territorial to
a state form of government . . .
Transition Is Over
“A transition is a passage or
change from one status to another.
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Once the change has be n made, as!
it has here 'the state government j
havine been in operation for more !
t: an three years', then that which I
aided in. bringing it about has per- I
formed its function. There is no j
basis for assuming that such a !
transitional measure—specifically. I
the provision for a seat of govern
ment—should then have any en
during or permanent quality which
would make it an integral part of
the fundamental structure of gov
ernment established by the peo
ple of the state."
In his dissenting opinion, Jus
tice Arend said he could not agree
that the capital location section of
the constitution was a transitional
measure.
"I am of the opinion that such a
plain pronouncement as Section 20
can be regarded only as an integral
part of our constitution and can
be changed only in the manner
•"•'wk’ vi in the constitution for
the amendment of any other integ
ral part of that document,” he
wrote.
Those methods are by a consti
tutional convention, followed by a
ratification of the proposed amend
ment by a vote of the people: or
by a proposal that has obtained a
two-thirds vote of each house of
the legislature, and is adopted by a
vote of the people in a statewide
election.
‘"Under the decision reached by
the majority (of the State Supreme
Court' this day, the duration of the
location of the state capital in any
particular place becomes most un
certain,” he added.
“It may now be decided by the
initiative that the capital shall be
removed from Juneau to a place
somewhere in western Alaska; but
before the removal can actually be
accomplished under the proposed
bill, another measure may be ini
tiated by the people at any time,
designating a still different loca
tion.”
In Anchorage, Wade commented:
‘"From my understanding of the
opinion, it is my belief that the
initiative will have to be placed on
the Nov. 6 ballot, but I do not
want to make a positive statement
until after I confer with the At
torney General.
Juneau’s mayor, Lauris Parker,
said:
“We will be happy to fight it in
the general election. We will take
our case to the people. We have
been in the field before and are
not afraid.”
In Fairbanks, Robert McNealy,
! one of the attorneys who prepared
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riforial governor Mike Stepovich.
who won the Republican guberna
torial nomination in Tuesday's pri
mary election, commented Thurs
day that the returns were “quite
encouraging."
"The high Republican registra
tion shows people want a cnange,"
Stepovich said, "and I hope the
voters will follow through in
November.”
the Juneau-Douylas case, said a
petition for a rehearing would de
finitely be filed with the State
Supreme Court.
"This would be the logical step
before any determination could be
made on the possibility of carry
ing the case to the U.S. Supreme
Court," McNealy said.
Inconsistent
McNealy said he believed Jus
tice Arer.d was the only member
of the court showing consistency
in relation to the capitol relocation
decision and a recent decision in
volving the transportation of paro
chial school students in buses op
erated for public school students.
McNealy said that in the school
bus case, in which the Supreme
Court said private school students
could not ride on public school
buses, the majority of the Supreme
Court said minutes of the state
constitutional convention could not
be considered.
In the capital relocation case,
McNealy said, the majority of the
Supreme Court ruled the constitu
tional convention minutes were
material.
“The decision today,” McNealy
said, "further strengthens the
thing I have always advocated,
that we should have a Supreme
Court composed of five justices.”
In Anchorage, attorney William
Sanders, a member of the State
House of Representatives, said the
majority opinion in the capital re
ification case "interprets the con
stitution fairly and accurately.
"The opinion also shows ex
treme courage on the part of the
majority, because they are well
aware of the possibility of reper
cussions.”
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Sena'r Tables An!i-Tob
Di crimination Clause
In Communications Bill
WASHINGTON — The Sm
alt’ defeated 54-37 Thursday an at
tempt to write an anti-job discri
mination clause into the adminis
tration's satellite communications
bill.
The amendment, offered by Sens.
Joseph Clark. 'D-PaJ, and Wayne
Morse, 'D-Ore.h was tabled and
thus killed on a motion by Demo
cratic leader Mike Mansfield of
Montana.
Mansfield told the Senate that
adoption of the amendment would
kill the bill and not advance the
cause of civil rights one bit.
The bill would create a private,
government - regulated corporation
to own and operate the U S. portion
of a global space communications
system.
The Clark - Morse amendment
would have written into it a clause
prohibiting the corporation and its
contractors from discriminating
against employes and job appli
cants because of race, creed or
color.
The debate limited under the
Senate’s anti-filibuster rules for the
first time time in 35 years, Clark
told the Senate it at last had a
chance to vote “on the merits” of
a civil rights proposal.
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Lt. Gen. Jo! n McCamicll
Named Commander of
U.S. Forces in Europe
WASHINGTON t/Ti — President
Kennedy Thursday nominated Lt.
Gen. John !’. MeC'onnell, now \ ire
! Commander in Chief of the Stra
tegic Air Command, to be Deputy
Commander in Chief of U.S. Force
in Europe.
In that post, McConnell will have
; the rank of four-star general.
As Deputy Commander in Chief
of Europe, McConnell will succeed
Gen. Earle Wheeler, who is to be
come Armv Chief of Staff in the
fall.
Lt. Gen. Hunter Harris Jr., Com
mander of the 8th Air Force, Stra
tegic Air Command, will succeed
McConnell as second in command
of the Strategic Air Command,
which has headquarters in Omaha.
Maj. Gen. Joseph Nazzaro, De
puty Commander. 15th Air Force,
based at March Air Force Base,
Calif., was nominated for the rank
of Lt. General. He will succeed
Harris.
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