Cities of Juneau-Douglas Ask Court
To Rehear Capita! Relocation Case
JUNEAU i/P) ■ - Attorneys for the
cities of Juneau and Douglas and
22 individuals asked the State Su
pn me Court Wednesday to re
hear the controversial capital relo
cation case.
The high court, on Aug. 10, rul
ed that Section 20, Article XV, of
the State Constitution, the section
designating Juneau as capital of
Alaska, could be changed through
use of an initiative.
The Supreme Court also ordered
Secretary of State Hugh Wade to
place on the Nov. 6 general elec
tion ballot an initiative filed by an
Anchorage-area group which would
move the state capital from Juneau
to Western Alaska.
The high court, in a 2-1 decision,
placed great emphasis on the pre
amble of the article in question.
The preamble reads:
“To provide an orderly transi
tion from a territorial to a state
form of government it is declared
and ordained:”
Considered Preamble
The Juneau-Douglas brief said
the high court should have con
sidered the preamble as an “as
sistance in construction only in
case of ambiguity” in the section
involved.
In each case in the constitution
where it was intended that the
provisions could be altered by
means other than constitutional
amendment, the brief said, appro
priate language has been inserted.
The brief said there is no am
biguity in Section 20, which the
brief said states simply that Ju
neau shall be the capital of Alas
ka. and that the section must be
regarded as an integral part of the
constitution.
The Juneau-Douglas brief said
the court apparently confused the
word “transition” with the word
“transitory.”
The first word, as used in the
constitution, the brief said, does
not mean or imply temporary,
while the latter word, according
to the dictionary, means not en
during.
Change ot Status
The brief paid the concept of a
temporary change of status may not
now be written into the constitu
OUR SAVIOR'S
LUTHERAN CHURCH
5th and Bering St.
SUNDAY
Sunday School 9:45 a.m.
Morning Worship 11:00 a.m.
Luther League Committee
2:30 p.m.
Evening Service, 7:30 p.m.
WEDNESDAY
Mid-week Meeting and Prayer,
THURSDAY
Luther League 7:40 pan.
I lion after it has been ratified by
J the voters.
The brief also said that records
j of the Constitutional Convention
indicate clearly that the designa
| tion of Juneau as the capital was
I meant to be a portion of the con
stitution which could not be
changed except by constitutional
amendment.
Robert Boochever, the Juneau at
torney who filed the re-hearing
brief, noted after filing the docu
ment that under the Supreme
Court’s rules the brief did not
have to be filed until Sept. 17.
“If the maximum time had been
taken by the petitioners,” Boo
chever said, “it would have been
impossible to place the matter on
the ballot in time for absentee
voting.
“We did not want to deprive
the people of the right to vote on
this matter in the event that the
Supreme Court should deny the
petition and hold that this is a
matter which may be decided by
initiative.
“For the reason, we expedited
the preparation and filing of the
brief.”
SOBLEN DESCRIBED AS
A POLITICAL REFUGEE
LONDON UP — Dr. Robert Sob
len was described by his lawyer
in the Court of Appeals yesterday
as a political refugee meriting
sanctuary from the arm of Ameri
can law.
The lawyer argued that the of
fenses for which Soblen was con
victed in America — passing war
time secrets to the Russians —
“touched upon the sovereignty of
the United States.”
Soblen. 61, is appealing against a
high court decision last week which
approved a British deportation
order.
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Steps Down from
| Supreme Court
By James Marlow
Associated Pres,.- News Analyst
WASHINGTON W - - The great
est irony in Justice Felix Frank
furter’s life is this: At the begin
ning and end of his career on the
Supreme Court an attempt was
made to give him a red tinge.
It was ironic because this prim
and pedantic justice who lelired
at 79 Wednesday because of ill
ness went on the court as a hero
to liberals and as the years passed
increasingly disappointed them
with his conservatism.
His whole life was dedicated to
American constitutional and de
mocratic processes but he could be
painful. He lectured lawyers before
the court, picking and pruning his
way through their arguments.
When President Roosevelt ap
pointed him to the court Jan. 5,
1939, and the Senate Judiciary
Committee held hearings on the
nomination, extreme right-wingers
protested and made the air of the
committee room foul with anti
semitism.
It was Mrs. Elizabeth Dilling,
author of the “Red Network,” who
tried to put the Red tag on him.
She said he had long been one of
the principal “aides to the Red
revolutionary movement in the
United States.”
Last May, while Frankfurter was
home with illness which forced his
retirement, an extremely conserva
tive Mississippi Democrat, Sen.
James Eastland, attacked the Su
preme Court in the Senate and
said “a majority of the court
voted in favor of the positions ad
vocated by the Communist party.”
He put Frankfurter in the group.
Eastland’s performance was called
a "disgrace” by the assistant Re
publican leader, Sen. Thomas K.
Kuchel of California.
Tire day after Roosevelt ap
pointed him, to the delight of
liberals, the New York Times in
a remarkably clairvoyant editorial
predicted he would reveal an
“orga n ic conservati sm."
He did.
NOTICE TO
PROPERTY OWNERS
The Nome Common Council will
sit as a Board of Equalization on
Wednesday, Thursday and Fri
day, August 29, 30, 31, 1962, be
tween the hours of 8 to 9 p.m. in
the City Hall.
104 Robert F. Scott,
City Clerk
Arctic - Proof
TRAILER
(Ray Decker)
Fully Equipped
3 - Speed Furnace
Washer - Dryer
$700 in Groceries
All Accessories
Vacuum Cleaner
Radio Phono
Iron Etc.
(except linen 8c silver)
(Also Included)
Complete
Camping Equipment
New 10 H.P. Motor
12 ft. 80 lb.
Aluminum Boat
Will Be Getting
$17,000 Value
for
$10,000 Cash
Package Deal Only
Call 2867
Water Shortage Forces
Closure of Fish Processing
Plants in Kodiak
KODIAK vP — A water curtail
ment forcing the closure of three
fish processing plant.-; was ordered
Wednesdav by city manager HiSi
Poland.
Poland said the curtailment was
necessary because’ fif an extreme
ly dry summer and a : eavy drain
on the city's water r< servoir duo
te> a heavy salmon canning season.
Officials said King Crab Inc.
Alaska King Crab and Alaska
Packers would have to shut down
by Saturday.
City officials said the restric
tions might be relaxed if there
was an extremely heavy rainfall
this week.
Voters in Kodiak will he asked
to pass on a $630,000 bond issue
in a special election Oct. 2, in
cluding a $500,000 water improve
ment program and a $130,000
server system program.
STOWAWAY . . .
SEATTLE W — The Alaska
Steamship Co. vessel, the Nadina,
is heading back to Seward, Alaska,
with a stowaway on board. But
this stowaway isn’t the usual type.
It’s a big Alaska malemute.
The ship’s crew found the dog
sleeping in a shower after the
Nadina had left Seward. When
the vessel docked here, crew mem
bers had to baby-sit the animal.
The Nadina is due in Seward
this weekend.
POLETS
Eskimo Arts & Crafts
SUMMER STORE HOURS
Nine until Nine
OPEN SUNDAYS TOO
Fur Slippers - Mukluks - Jewelry
Ivory Carvings - Jade - Hematite
Postcards - Nome Slides
OTTO & KATHIE SCHULZ
Ph. 2B51 Bex 40 i
Traffic Court Judge
Lectures Violators
Behind Empty Coffin
SANTA MONICA, Calif. ,•?
! A traffic court .judge lectured traf
fic violator;-: Thursday as he -n,o {
I behind at; empty coffin.
! .Jutka VVr. lilatr Givi t. refer
j red to the coffin as “the careless
■ driver's overcoat.” He showed a
: motion picture depicting the bloody
j aftermath to traffic accidents a- d
I told the men and women a Ins
[ courtroom:
“The odds are that one out of
each three persons in this court
today either already have or will
become involved in an automobile
accident sometime during his life.”
Judge Gibbons is the Municipal
Judge who has invoked unusual
terms of probation to dramatize
accident hazards for traffic vio
lators. He has ordered them to
clean streets of accident debris,
to visit the city jail for a 30-minute
stay, and to observe traffic vict.' s
arrivin'.: at an emergency hospital.
He said he brought the coffin to
court to emphasize the need for
safety over the approaching Labor
Day holiday.
GOLDEN ICE PICK . . .
SEATTLE (JPi — The skipper of
the nuclear-powered submarine,
the Sea Dragon, has pulled an
about-face in custom.
Instead of Seattle officials pre
senting him with the key to the
city. Cmdr. Charles Summit! pre
sented Seattle city fathers with
a key to the Sea Dragon’s city.
The city: The frozen Arctic.
The key: A golden ice pick.
n
SfR
■T'A1 "
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bT
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’■if'T;
ARCTIC COAST TOI R Fit 31 1/312
, daii.’i1 THROi’Gii si:pti-:mtakr n
Lv. Fairbanks *8:00 a.tn. Ar. Nome 0:10 a.mi.
Lv. Nome 1:30 p.m. Ar. Kotzebue 2:13 p.m.
Lv. Kotzebue 2:43 p.m. Ar. Fairbanks *3:33 p.m.
POLAR SEA TOUR Fll 507/508
THREE TIMES A WEEK JUNE 4 THROUGH SEPT. 3
BETWEEN NOME AND BARROW VIA KOTZEBUE
ON TUESDAY, THURSDAY AND SATURDAY
Lv. Nome 8:43 a.m. Ar. Kotzebue 9:43 a m.
Lv. Kotzebue 10:15 a.m. Ar. Barrow 1:25 p.m.
Lv. Barrow 2:00 p.m. Ar. Kotzebue 3:10 p.m.
Lv. Kotzebue 3:40 p.m. Ar. Nome 4:40 p.m.
FLIGHT 309/310
JUNE 4 THROUGH SEPT. 5
Lv. Fairbanks *3:00 p.m. Ar. Kotzebue
Lv. Kotzebue 4:30 p.m. Ar. Nome
3:30 p.m.
5:15 p.m.
Lv. Nome 6:15 p.m. Ar. Fairbanks *9:25 p.m.
* Alaska Standard Time. All other times Bering Standard
For Information Call:
Dial 2331 -- Town Office
Dial 2239 -- Airport
-* S -X
"First In Alaskar”